Developments in Securities Regulation, Corporate Governance, Capital Markets, M&A and Other Topics of Interest. MORE

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Andrew Arbuckle

Andrew represents public and private companies in a variety of general corporate and transactional matters, including corporate governance, public and private offerings of equity and debt securities, restructurings and mergers & acquisitions. His practice has an emphasis on advising corporate directors and senior management on practical, value-maximizing strategies as well as regulatory and disclosure requirements, including Securities and Exchange Commission (SEC) and stock exchange continued listing compliance.

The Division of Corporation Finance (the Division) of the Securities and Exchange Commission (SEC) announced its complete exit from the shareholder proposal review process and formally signaled its intention to rescind Exchange Act Rule 14a-8.

On August 14, 2026, the Division issued an Updated Statement regarding the Division’s role in the Rule 14a-8 process…

On August 18, 2026, the Securities and Exchange Commission (SEC) proposed Regulation Crypto Assets, a new registration-exempt offering framework designed specifically for crypto assets. The proposal would create two exemptions from Securities Act registration; a conditional safe harbor under which a crypto asset would no longer be treated as a security; and preemption of…

The Securities and Exchange Commission (SEC) signaled that it will likely move forward this year with a proposal to loosen the so-called “Pay-to-Play Rule” in Rule 206(4)-5 of the Investment Advisers Act of 1940 intending to restrict investment advisers from obtaining business from public pension plans or other government entities in exchange for political contributions…

By Scott Gootee, Eric Mikkelson & Andrew Arbuckle

On July 21, 2026, the Securities and Exchange Commission (SEC) published proposed Regulation E-Delivery, a sweeping overhaul of the framework governing how issuers, broker-dealers, investment advisers and other SEC registrants deliver required disclosures to investors. If adopted, the rule would replace the SEC’s decades-old, guidance-based approach…

By Scott Gootee & Andrew Arbuckle

On June 4, 2026, the U.S. Supreme Court unanimously held that the Securities and Exchange Commission (SEC) is not required to prove investors suffered pecuniary loss before seeking disgorgement of ill-gotten gains. The decision in Sripetch v. Securities & Exchange Commission, 146 S. Ct. 1403 (2026) resolves a…

By Phil McKnight, Eric Mikkelson & Andrew Arbuckle

The DOL’s Proposed Safe Harbor and What It Means for Asset Managers, Advisers, and Plan Sponsors

On March 30, 2026, the U.S. Department of Labor (DOL) released a proposed rule titled “Fiduciary Duties in Selecting Designated Investment Alternatives” (the Proposed Rule), which would establish a process-based safe…