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Advice and insights for audit committees from the PCAOB Chairman

USA - November 30 2012 At the 2012 annual meeting of the Association of Audit Committee Members, James R. Doty, the Chairman of the PCAOB, spoke on recent PCAOB initiatives designed to enhance the relevance, credibility and transparency of the audit for the sake of investors....

Yelena M. Barychev, Melissa Palat Murawsky, Michael E. Plunkett, Francis E. Dehel, Molly Crane.

New Staff Legal Bulletin 14G addresses rule 14a-8 shareholder proposal issues

USA - November 30 2012 The Division of Corporation Finance released Staff Legal Bulletin 14G on October 16, 2012, providing additional guidance for excluding shareholder proposals under Rule 14a-8 based on proof of ownership and references to websites....

Yelena M. Barychev, Melissa Palat Murawsky, Michael E. Plunkett, Francis E. Dehel, Molly Crane.

Caught between a rock and a hard place

USA - November 30 2012 On November 5, 2012, the Delaware Chancery Court issued an opinion in Rich v. Fuqi International, Inc., C.A. No. 5653-VCG (Del. Ch. Nov. 5, 2012) reaffirming the requirement under Section 211 of the Delaware General Corporation Law for Delaware corporations to hold an annual meeting of stockholders for the election of directors, regardless of arguably conflicting provisions of the federal securities laws....

Yelena M. Barychev, Melissa Palat Murawsky, Michael E. Plunkett, Francis E. Dehel, Molly Crane.

Annual fee increase for NASDAQ-listed companies

USA - November 30 2012 Recently, The NASDAQ Stock Market LLC (Nasdaq) changed annual fees paid by companies listed on The NASDAQ Capital Market effective January 1, 2013....

Yelena M. Barychev, Melissa Palat Murawsky, Michael E. Plunkett, Francis E. Dehel, Molly Crane.

Effect of Hurricane Sandy should be analyzed in Form 10-K filings

USA - November 30 2012 Some of the SEC filings made in November reflect companies’ efforts to analyze the impact of Hurricane Sandy on their businesses....

Yelena M. Barychev, Melissa Palat Murawsky, Michael E. Plunkett, Francis E. Dehel, Molly Crane.