TheCorporateCounsel.net

Spanking brand new. Posted in our “Shareholder Proposal” Practice Area, this comprehensive “Shareholder Proposal Handbook” provides a heap of practical guidance about Rule 14a-8. This one is a real gem – 206 pages of practical guidance. This is an update of a treatise that I co-authored with Beth Young and Bill Morley over a decade ago…

This Handbook doesn’t cover Corp Fin’s latest interpretative guidance (SLB #14G) – there are memos on that in our “Shareholder Proposal” Practice Area.

Where Should Lawsuits to Challenge a SEC Rulemaking Be Filed?

In the wake of the news of a lawsuit being filed against the SEC over its conflict minerals rulemaking in the US Court of Appeals for the DC Circuit, I received a few emails from members asking why this case wasn’t filed in the lower court like the resource extraction lawsuit a few weeks earlier.

That’s because the earlier resource extraction lawsuit also involved this emergency motion with the higher court to determine which court has jurisdiction. This emergency motion is slated to be determined on November 7th. This dual track approach over the resource extraction rules likely was taken due to the DC Circuit previously declining to exercise jurisdiction over a challenge to the CFTC’s position limits rule a few months ago. Recall that the proxy access lawsuit was filed with the higher Court of Appeals…

In the conflict minerals case, an amended petition for review was filed on Tuesday to add the Business Roundtable as a petitioner.

Announcing the NASPP Career Center

If you are looking to fill a job opening or a stock plan professional seeking a new position, check out the new “NASPP Career Center.” Any employer (NASPP member or not) can post an industry-related position – and active NASPP members can post a resume profile for visibility to employers looking to fill job openings; resumes are searchable by those with access to the Career Center.

– Broc Romanek