Posts in SEC Enforcement
Climate Change and Commerce: A Potential SEC Rule May Require the Disclosure of Public Company Data Relating to Climate Change

As the economy progresses into an era marked by concern for climate change, investors and consumers are increasingly demanding action and focusing their attention on climate change. Publicly traded companies are not currently required to disclose information explaining their exposure to climate change to investors and the public. (Rachel Layne, CBS News). However, this voluntary disclosure may become mandated by the Securities and Exchange Commission (“SEC”) in the immediate future. (Dave Michaels, Wall Street Journal). . .

Read More
ESG Disclosures: How the Court of Public Opinion May Sway the SEC

As the climate change cloud darkened over the United States, American investors called for greater climate risk transparency from corporations. In December 2020, the Securities and Exchange Commission’s (“SEC”) subcommittee of Environment, Social, and Governance (“ESG”) acquiesced to these demands, “issu[ing] a preliminary recommendation that the [SEC] require the adoption of standards by which corporate issuers disclose material ESG risks.” (Allison Herren Lee, SEC Public Statement). To establish a clear and educated ESG disclosure framework, the SEC called for public comments from investors and market players on climate change disclosure. Id. This article discusses those comments, why some companies take issue with reporting ESG risks, and which form ESG disclosures might take. . .

Read More
SPACs: A Fast Track to Fast Cash?

You may have heard of an initial public offering (“IPO”), but what about a special purpose acquisition company (“SPAC”)? Once viewed as a “sketchy Wall Street arcana,” a SPAC is a publicly traded shell company created for the sole purpose of merging with or acquiring a private company so the target company can forgo much of the traditional IPO paperwork. (Heather Perlberg, Bloomberg; Julie Young, Investopedia; Camila Domonoski, NPR). In recent years, SPACs have increased in popularity to the extent many famous individuals, such as baseball legend Alex Rodriguez, professional-basketball-superstar-turned-DJ Shaquille O’Neal, and former House of Representatives Speaker Paul Ryan, are now creating them. (Heather Perlberg, Bloomberg). In 2020, U.S. SPACs raised $83.3 billion, up from $13.6 million in 2019. Id. This year, SPACs have already generated $73 billion and make up around 70% of the IPO market. Id. How did SPACs become so popular and how do they work?

Read More
Hong Kong to Join SPAC Frenzy

Hong Kong recently announced the plan for its own blank check listing framework with hopes for deals to begin by the end of this year. A special purpose acquisition company (“SPAC”) —another name for blank check companies— is a listed shell company created with the purpose of raising money through an Initial Public Offering (“IPO”) to then acquire a promising private company, in effect taking the company public without a traditional IPO. A SPAC is often referred to as a blank check company because when a SPAC raises money, the individuals buying shares during the IPO have no idea who the future target company will be.

Read More
Robinhood Traders Expose the Lack of Cryptocurrency Trading Regulations

Bitcoin and other cryptocurrencies have increased in popularity since Bitcoin was released in 2009, yet the cryptocurrency market remains unpredictable and volatile. Apps like Robinhood and influential people like Elon Musk have sky-rocketed the accessibility and demand for cryptocurrency in recent months. (Browne, CNBC). In a swing that paralleled the GameStop buying frenzy, a cryptocurrency called “Dogecoin” spiked as much as 800% in a single day. (Id.). Following the influx of Dogecoin buyers, Robinhood temporarily halted instant buying power for crypto to restrict trading. (Id.). Robinhood’s decision to restrict trading was contentious, but the decision exposed a major regulatory gap in both the public and private sectors of cryptocurrency trading.

Read More
Reddit Versus Wall Street

As the economy progresses into an age marked by the rise of streaming services and the collapse of brick-and-mortar empires like Blockbuster Video, consumers have swiftly adapted and embraced new technology. GameStop, a once thriving video game retailer with storefronts at many local malls, is suffering a similar fate. In December 2020, the video game chain announced that it would close up to 1,000 stores by the end of its fiscal year in March 2021. (Lauren Gray, Yahoo!). Even so, in January 2021, many investors woke to news headlines declaring a GameStop stock (“GME”) buying craze. Within six days, GME’s price soared from $43.03 on January 21st to $347.51 on January 27th, a 708% increase. (Google Finance). What happened?

Read More