Adopted in July 2023, the US Securities and Exchange Commission (SEC)’s cybersecurity disclosure rules require public companies to report material cybersecurity incidents on Form 8-K and to annually report on their cybersecurity risk management and governance.
However, recent developments – including SEC Chair Paul S. Atkins’s appointment in April 2025
Continue Reading The future of the SEC’s cybersecurity disclosure rules
The Department of Justice (DOJ) has released long-awaited guidance (FCPA Guidelines) regarding its approach to enforcement of the Foreign Corrupt Practices Act (FCPA) following the Executive Order (EO) pausing FCPA enforcement.
The FCPA Guidelines, published on June 9, 2025 , emphasize a prosecutorial focus on protecting US interests, significant criminal
Continue Reading DOJ’s new FCPA guidelines: The next chapter in US foreign corruption enforcement
Blue Edge Growth Advisors, a DLA Piper Company
Some entrepreneurs wait until what they believe may be the “perfect time” to monetize their business investment through the public markets. Advisors also often recommend that business owners wait for a stable economic environment or upcycle before pursuing an initial public offering
Continue Reading IPO readiness considerations
As discussed at an open meeting held on June 4, 2025, the US Securities and Exchange Commission (Commission) published a concept release (Release) soliciting comments on whether to revise the definition of “foreign private issuer” (FPI) under Commission rules in light of considerable changes to the FPI population over the
Continue Reading Time to reassess the definition of a foreign private issuer?
I. Introduction: Tariffs as a new macro shock
The US government’s “Liberation Day” tariffs, unveiled on April 2, 2025 to force a rebalancing of global trade in favor of the United States, have unleashed significant market volatility and global economic disruption.
The tariffs have triggered retaliatory measures from affected countries
Continue Reading Board duties in the face of business uncertainty: Navigating a changing tariff landscape
India’s capital markets have experienced a significant surge in initial public offering (IPO) activity in 2024, positioning the country as a global leader in public offerings. With 327 IPOs raising approximately USD19.9 billion – accounting for nearly 30 percent of global IPO listings – India has surpassed major markets such
Continue Reading Opportunities for IPOs in India’s capital markets
The US Court of Appeals for the Eighth Circuit recently granted the Motion to Hold Case in Abeyance (the Motion) in Iowa v. US Securities and Exchange Commission – the case challenging the SEC’s 2024 climate disclosure rules – thereby pausing or delaying the proceedings until further order of the
Continue Reading Eighth Circuit indefinitely pauses SEC climate rule litigation: Key implications for public companies
The Governor of Delaware has signed into law Senate Bill 21 (SB 21), which amends certain sections of the Delaware General Corporation Law (DGCL) governing controlling stockholder transactions under DGCL Section 144 and stockholder demands for books and records under DGCL Section 220.
Signed on March 25, 2025, these amendments
Continue Reading Amendments to Delaware General Corporation Law expand safe harbor for controlling stockholder transactions and circumscribe books and records demand obligations
The April issue of our monthly newsletter Horizon is now available. Learn more about an array of ESG legal developments – among them, the Executive Order requiring DOJ to stop states from enforcing climate laws, Canada’s coming draft guidelines on environmental claims, and the European Parliament’s stop-the-clock directive pausing key
Continue Reading Recent ESG legal developments
The staff of the Division of Corporation Finance (Corp Fin) of the Securities and Exchange Commission (SEC) has issued new Compliance and Disclosure Interpretations (C&DIs) relating to the clawback disclosures required in an issuer’s annual report on Form 10-K and proxy statement. In addition to the April 11, 2025 issuance
Continue Reading Corp Fin releases new guidance on clawback disclosure requirements
The Securities and Exchange Commission (SEC)’s March 27, 2025 decision (the Decision) to withdraw the defense of its landmark climate-related disclosure rules adopted in March of 2024 (the Rules) did not formally pause or terminate the ongoing litigation.
On April 4, 2025, a group of 18 intervening states and the
Continue Reading SEC’s climate rule litigation update: Is it actually over?
