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Monthly Archives: August 2013

August 2, 2013

My Take on the SEC’s Morale

I got many emails last week when Reuters reported about the SEC’s low morale as described in this new GAO report. Much of the “news” wasn’t really new as the SEC’s low spot in the federal agency rankings was known at the beginning of the year, as I previously blogged.

As the GAO report points out, the SEC could improve its effectiveness. Of course, any large organization could (as any smaller ones). And let’s bear in mind the reality that this is the government we are talking about. There is some ineffectiveness that is just plain impossible to overcome (eg. much harder to fire someone compared to private sector).

But in terms of real morale, my experience is that most SEC Staffers are pretty happy in their job and have learned to tune out most of the persistent negative energy around them although the constant bashing in the press, endless budget battles and varied political shenanigans – not to mention the numerous court losses – undoubtedly can dint morale. At the end of the day, most Staffers have worked “on the other side” and recognize that what they have ain’t so bad…

If this pending legislation limiting the SEC’s ability to access emails goes through, that won’t be good for Enforcement’s morale…

SEC Going to Wider Telecommuting

And it’s about to get better for some SEC Staffers! As noted in this Bloomberg article, the SEC has reached a new deal with its employee union that permits new flexible work schedules and includes new rules for furloughs caused by federal budget cuts. Here is an excerpt from the article:

The e-mail says telecommuting will be available for three, four, or five days a week and will be “phased in across the agency.” Currently, 10 percent of the agency’s non-management staff telecommutes two days a week, Gilman said in an e-mail responding to questions about the agreement. “Only a small handful of employees” work from home five days a week, Gilman said. Most of them review corporate filings, he said.

Within a fairly short period of time, SEC Chair White has made changes on a number of fronts – some of which are bound to boost morale – particularly in the Enforcement area. See this Sidley article about the Chair’s first 100 days in office – and this NY Times article about the changes in the Enforcement program. And see this blog from David Smyth about the deeper meaning of the SAC’s Steve Cohen case (as well as this WSJ article by Russ Ryan about the SEC’s low burden of proof).

Cool Stuff: Global M&A Jargon App

In this DealLawyers.com podcast, Mark Gerstein of Latham & Watkins discusses the firm’s new global mergers & acquisitions app (and the related daily video series covering the “Word of the Day”), including:

– How long did it take to put together this app?
– What is the best way for practitioners to use it?
– Any surprises since you launched?
– Any plans for other apps?

By the way, Latham also has a new “Anti-Bribery and Anti-Corruption App.” Check it out…

– Broc Romanek

August 1, 2013

More Than a Rumor! SEC Will Indeed Propose Pay Disparity Rules Soon

A few weeks ago, I blogged about a rumor that the SEC is close to proposing pay disparity rules. This rumor appears to be confirmed, as noted in this article, when new SEC Chair White testified on Tuesday before the Senate Banking Committee that a pay disparity rule proposal will be coming in the next month or two.

So we don’t know the exact timing of a proposal – but we do know that it will be soon. Likely before our combined conferences, where it would be covered by Corp Fin Director Keith Higgins and other panels…

Registrations for our combined pair of conferences – in DC and via video webcast – are strong and for good reason. The full agendas for the Conferences are posted. Register now.

ISS Seeks Input for ’14 Policy Updates

As noted in this Gibson Dunn blog, ISS has posted its policy survey to solicit comments ahead of announcing its 2014 voting policies – the comment period ends September 13th. ISS intends to announce its final policies about 1-2 weeks earlier than in previous years – in early November.

This is your opportunity to make yourself heard. As well as during the 75-minute panel entitled “Q&A with ISS” during our conference – if you have questions that you want asked, please email them to me – you will be kept anonymous.

Our August Eminders is Posted!

We have posted the August issue of our complimentary monthly email newsletter. Sign up today to receive it by simply inputting your email address!

– Broc Romanek