Securities Law Update—August 13, 2024

Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains news on:
  • The SEC’s Spring 2024 Reg-Flex Agenda delaying much of its rulemaking activity, including the proposed rule on board diversity, until after the presidential election
  • Texas and Pennsylvania federal district courts’ split regarding whether the FTC has the authority to enact a nationwide ban on noncompete agreements set to take effect on September 4th
  • California Gov. Gavin Newsom’s proposal to delay the state’s climate reporting bills by two years
  • Updates on new NYSE and Nasdaq listing rules
  • Trends related to life science companies adding risk factor language in response to the Chevron Doctrine being overturned—as well as an anticipated uptick in comments on 13D and 13G filings this year following the implementation of the new beneficial ownership rules
  • Reminders for upcoming effective dates, including Delaware General Corporation Law amendments and new requirements for large, accelerated filers submitting fee data in registration statements, fee bearing proxies and tenders offers