Securities Law Update — March 18, 2025

By: Ran Ben-Tzur , Amanda L. Rose , David A. Bell , Wendy Grasso , Merritt Steele

Welcome to the latest edition of the Fenwick Securities Law Update. This issue contains updates and important reminders on:

  • The SEC’s expansion of confidential filing options, including for follow-on offerings
  • The SEC’s issuance of updated guidance on the exclusion of shareholder proposals under Rule 14a-8
  • The SEC’s publishing of updated Compliance and Disclosure Interpretations (CDI) on Schedules 13D and 13G eligibility in connection with shareholder engagement, Form S-4 and lock-up agreements, and tender offers
  • Changes by certain proxy advisors, institutional investors, and banks to their diversity policies and mandates
  • Delaware’s proposal of significant amendments to the Delaware General Corporation Law