SEC Adopts Modernized Framework for Fund Valuation Practices

On December 3, the SEC adopted Rule 2a-5 under the Investment Company Act of 1940, as amended. Under Rule 2a-5, determining fair value in good faith with respect to what a fund will require: (1) the periodic assessment and management of material risks associated with the determination of the fair value of the fund’s investments,

There’s An App (But Maybe Not A Copyright) For That

With the software copyright case Google LLC, v. Oracle America, Inc. now being decided by the Supreme Court after hearing oral arguments on October 7, 2020, software developers and the general public may wonder about the potential impact a decision in the case may have on the tech industry. At stake for the parties are the copyright protections afforded to Oracle’s application programing interface (API) previously used by Google to provide the functionality of Google’s highly popular Android mobile operating system installed on billions of mobile devices worldwide.

Nasdaq Files Rule Requiring Diverse Representation on Boards of Listed Companies

On December 1, 2020, The Nasdaq Stock Market filed a proposed rule with the U.S. Securities and Exchange Commission (SEC), which, if approved, will require listed companies to disclose the racial, LGBTQ+ status, and gender makeup of their boards of directors and have a minimum number of diverse directors or explain why they could not—or elected not to—achieve the established targets.

Antitrust Implications of COVID Surcharges

While it may seem justified for businesses facing increased costs in these trying COVID-19 pandemic times to add “COVID surcharges” to ensure they can keep their doors open, businesses and their corporate counsel should be aware that such surcharges can raise serious competition concerns and need to be carefully navigated.

SEC Proposed Exemption Provides Regulatory Clarity For Unregistered Finders

On October 7, 2020, the Securities and Exchange Commission (SEC) voted to provide much needed clarity to the regulatory status of so-called “finders” who assist small businesses in raising capital. In a 3-to-2 vote, the SEC proposed a Finder exemption to the broker-dealer registration requirements of Section 15(a) of the Securities Exchange Act of 1934 to allow unregistered natural persons, referred to as finders, to engage in certain limited activities to assist issuers in raising capital from accredited investors.

The Compliance Monthly: How To Empower Local Ethics and Compliance Champions With The Right Technology

This Month from the Temple Law Center for Compliance and Ethics: Ethics and compliance champions play a critical role in enhancing program effectiveness with technology and personal leadership. A trusted champion can encourage more people to speak up internally, early and often. A human review system in business units and local offices where risks occur is one of the biggest opportunities for an organization.