Public Company Innovation Hub

Learn about the Securities and Exchange Commission’s enforcement director speaking on artificial intelligence 'washing,' an SEC appeal of a decision on proxy adviser rule amendments, a New York Stock Exchange proposal that would permit it to delist companies that change primary business focus, NYSE changes to trading halt requirements for reverse stock splits, a Nasdaq proposal to change phase-in schedules for corporate governance requirements, delays to Corporate Sustainability Reporting Directive implementation for certain companies, the SEC charging BF Borgers with massive fraud, and an EY report on disclosure committees.

Cooley’s AI Talks series highlights multidisciplinary perspectives on artificial intelligence and showcases the firm’s subject matter knowledge on the intricacies – and complexities – of large language models, machine learning and AI technology. This session covered considerations for public companies related to artificial intelligence, discussing key business implications and risks of AI, AI-related compliance considerations, anticipated areas of regulator focus and steps companies can take to address AI.

April 18, 2024

On April 12, 2024, the US Supreme Court reversed the US Court of Appeals for the Second Circuit’s decision in Macquarie v. Moab Partners and held that a pure omission cannot form the basis of a securities fraud claim under Rule 10b-5(b).

On March 6, 2024, the Securities and Exchange Commission (SEC) is expected to adopt long-awaited rules on climate-related disclosures. Join us on Tuesday, March 12, for an insightful webinar as our ESG & sustainability team examines the core provisions of the climate rules, analyze potential challenges in their interpretation and application, and highlight risks that reporting companies may encounter.

For many companies, the SEC climate rules will apply in addition to other mandatory sustainability reporting frameworks already in force or imminently applicable. While the SEC’s climate rules touch on many of the same areas as the three 2023 California climate disclosure laws (Senate Bills 253 and 261 and Assembly Bill 1305) and the EU’s CSRD, there are points of significant divergence.”

As we look ahead to the 2024 proxy season (and beyond), let’s review the key 2023 trends and developments from activism playbooks, with a sharp focus on the ever-changing landscape in the technology and healthcare sectors.