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Public Companies & the Law

The issues facing public companies change rapidly. Our Public Companies & the Law blog helps companies and their management, board members and in-house counsel stay one step ahead. 

SEC Extends Section 16(a) Reporting to FPI Directors and Officers and Grants Conditional Relief in Six Jurisdictions
Blog March 11, 2026
SEC Extends Section 16(a) Reporting to FPI Directors and Officers and Grants Conditional Relief in Six Jurisdictions
The SEC has adopted a final rule implementing the Holding Foreign Insiders Accountable Act that, effective March 18, 2026, subjects directors and officers of foreign private issuers to the insider ownership reporting regime of Exchange Act Section 16(a) on Forms 3, 4, and 5…
SEC and DOJ Bring First-Ever Crypto Insider Trading Actions
Blog August 02, 2022
SEC and DOJ Bring First-Ever Crypto Insider Trading Actions
The U.S. Securities and Exchange Commission (“SEC”) and U.S. Department of Justice (“DOJ”) have brought the first-ever insider trading actions involving cryptocurrency against a former manager of Coinbase, one of the largest U.S. crypto asset trading platforms, and two tippees for sharing or trading upon confidential information relating to the planned listing of various cryptocurrencies on Coinbase…
House of Representatives Votes to Codify Insider Trading Laws
Blog December 12, 2019
House of Representatives Votes to Codify Insider Trading Laws
Yesterday, the full House of Representatives approved H.R. 2534, otherwise known as the Insider Trading Prohibition Act.  If passed by the Senate and signed by the President, this legislation would mark an important milestone in insider trading jurisprudence.  For decades, the Securities and Exchange Commission (“SEC”) and Department of Justice (“DOJ”) have pursued insider trading violations through general anti-fraud provisions, which has resulted in extensive judge-made law and ambiguity……
Protect Your Rule 10b5-1 Plans from Attack: Best Practices
Blog February 11, 2019
Protect Your Rule 10b5-1 Plans from Attack: Best Practices
Some regulators and investors are expressing concerns about abuse of Rule 10b5-1 plans.  Last July, Representative Maxine Waters introduced the “Promoting Transparency Standards for Corporate Insiders Act,” which would require the SEC to study whether Rule 10b5-1 should be amended to restricted multiple plans, require a waiting period before making trades under a plan, and limit how often plans can be modified or canceled.  In December…
But no one goes to jail for insider trading, right? Wrong
Blog November 08, 2018
But no one goes to jail for insider trading, right? Wrong
Schultz “Jason” Chan, former director of biostatistics at Akebia Therapeutics, Inc. (Nasdaq: AKBA), was sentenced to three years in prison following his conviction for insider trading. Chan was convicted of providing material non-public information about Akebia to former Merrimack Pharmaceuticals (Nasdaq: MACK) employee Songjiang Wang. Wang was also convicted of insider trading based on providing material non-public information about Merrimack to Chan; Wang is set to be sentenced on……

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We know that the issues facing public companies change rapidly, and we cover the topics that we know are on the minds of management, board members and in-house counsel. Attorneys from Foley Hoag’s Capital Markets practice provide updates on new and proposed regulations, analysis of interpretive guidance, best practices on governance issues as well as reminders on disclosure and compliance obligations that will keep you on track.

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