Kimberly W Klayman

Kimberly W Klayman

September 07, 2018 | The Legal Intelligencer

Could New 'Smaller Reporting Company' Rules Affect GC Compensation?

In June of this year, the Securities and Exchange Commission (SEC) voted to approve rule amendments (referred to in this article as the amendments) that specifically expand the definition of the so-called “smaller reporting company.”

By Katayun I. Jaffari and Kimberly W. Klayman

6 minute read

January 29, 2018 | The Legal Intelligencer

Cryptocurrencies: Despite Popularity, the SEC Still Has Concerns

Everyone is talking about them. Cryptocurrencies have become one of the most interesting technology tools of the last decade.

By Katayun I. Jaffari and Kimberly W. Klayman

7 minute read

August 08, 2017 | The Legal Intelligencer

Where Have All of the Initial Public Offerings Gone?

On June 29, the Securities and Exchange Commission (SEC) announced that it is permitting all companies to file the paperwork for an initial public offering (an IPO) without immediately disclosing the IPO to the public. Further, companies will be permitted to immediately withdraw an IPO filing. Previously, this "nonpublic review process," known as the "stealth IPO rules," was only available to emerging growth companies. As of July 10, when the so-called "stealth IPO rules" went into effect, all companies, including those that would not be classified as emerging growth companies, have been able to take advantage of a confidential IPO process.

By Katayun I. Jaffari and Kimberly W. Klayman

13 minute read

January 30, 2017 | The Legal Intelligencer

What Will the (Securities) Rules Look Like?

As of Jan. 20, 2017, a new ­administration took over the White House and Republicans control both Houses of Congress. This power shift raises a number of questions, not the least of which is, what will securities laws and securities law enforcement look like in the coming years? After eight years of the U.S. Securities and Exchange Commission (the SEC) being led by former enforcement regulators and criminal prosecutors, ­commentators assume that the administration change marks a pivot toward securities deregulation and reduced enforcement.

By Katayun I. Jaffari 
and Kimberly W. Klayman

14 minute read

May 03, 2016 | The Legal Intelligencer

Preparing for New Crowdfunding Regulations on the Horizon

On May 16, Regulation Crowdfunding is set to come into effect. Regulation Crowdfunding or Rule 100(a) was adopted in October 2015 and is applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933, as amended. In preparation for the effectiveness of the crowdfunding rules, the U.S. Securities and Exchange Commission (SEC) has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the ­crowdfunding rules and the bulletin.

By Katayun I. Jaffari 
and Kimberly W. Klayman

8 minute read

October 07, 2014 | The Legal Intelligencer

SEC Changes Approach With New Broken-Windows Policy

On Sept. 10, the U.S. Securities and Exchange Commission (SEC) brought an unprecedented 28 charges against corporate insiders for a combined monetary penalty of $2.6 million for failure to timely file Section 16 and Section 13(d) and Section 13(g) reports. This so-called "enforcement sweep" suggests that the SEC has changed its approach to combating insider-trading violations and is, for the first time, using untimely filings of required disclosure reports as proxies for insider-trading violations.

By Katayun I. Jaffari and Kimberly W. Klayman

5 minute read

January 07, 2014 | The Legal Intelligencer

A Look at the Emerging Trends in Shareholder Activism

Shareholder activism was at the forefront of major corporate events during 2013. Proxy fights at Hess, the Dell takeover, and feuds over capital allocation at Apple substantiate recent observations that there is a growing divide between boards and shareholders. In addition to grabbing headlines, shareholder activism has transformed over the course of 2013 through the use of technology and the adoption of new initiatives.

By Katayun I. Jaffari and Kimberly W. Klayman

8 minute read