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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 Proposes Regulation E-Delivery: Key Considerations for Issuers
Blog July 21, 2026
SEC Proposes Regulation E-Delivery: Key Considerations for Issuers
On July 16, 2026, the Securities and Exchange Commission proposed Regulation E-Delivery, which would permit issuers to use electronic delivery as the default method for satisfying information delivery requirements under the federal securities laws…
SEC Proposes Full Rescission of Climate-Related Disclosure Rules
Blog June 01, 2026
SEC Proposes Full Rescission of Climate-Related Disclosure Rules
The Commission’s May 2026 proposal to withdraw its landmark climate disclosure regime marks a decisive shift in federal ESG rulemaking—with significant strategic implications for public companies, investors, and legal counsel navigating a fragmented disclosure landscape…
Cannabis Rescheduling and the Path to U.S. Exchange Listings: What Management Teams Need to Know Now
Blog May 28, 2026
Cannabis Rescheduling and the Path to U.S. Exchange Listings: What Management Teams Need to Know Now
The federal regulatory landscape governing cannabis in the United States is undergoing its most significant transformation in over fifty years…
SEC Proposes Sweeping Registered Offering Reform and Filer Status Simplification
Blog May 20, 2026
SEC Proposes Sweeping Registered Offering Reform and Filer Status Simplification
On May 19, 2026, the Securities and Exchange Commission issued two companion proposed rulemakings that, if adopted, would represent the most significant overhaul of the Securities Act registration framework and Exchange Act filer status system in over two decades…
SEC Proposes Optional Semiannual Reporting on New Form 10-S
Blog May 06, 2026
SEC Proposes Optional Semiannual Reporting on New Form 10-S
On May 5, 2026, as previously previewed, the SEC proposed an option that would allow domestic Exchange Act reporting companies to file a single semiannual report on new Form 10-S instead of three quarterly reports on Form 10-Q…
SEC Issues Exemptive Order Permitting Shortened Tender Offer Periods
Blog April 21, 2026
SEC Issues Exemptive Order Permitting Shortened Tender Offer Periods
On April 16, 2026, the Office of Mergers and Acquisitions within the SEC’s Division of Corporation Finance issued a significant exemptive order that permits certain tender offers for equity securities to remain open for as few as 10 business days, rather than the standard 20 business days required under Exchange Act Rules 13e-4(f)(1)(i) and 14e-1(a)…
SEC Provides Interpretive Guidance on the Application of Federal Securities Laws to Certain Types of Crypto Assets and Transactions
Blog April 16, 2026
SEC Provides Interpretive Guidance on the Application of Federal Securities Laws to Certain Types of Crypto Assets and Transactions
On March 17, 2026, the SEC and CFTC jointly issued interpretive guidance regarding the application of federal securities laws to certain types of crypto assets and transactions (the “Interpretive Guidance”)…
SEC Staff Issues New CFI (formerly C&DI) Clarifying ATM Offering Capacity Following “Baby Shelf” Transition
Blog March 20, 2026
SEC Staff Issues New CFI (formerly C&DI) Clarifying ATM Offering Capacity Following “Baby Shelf” Transition
Yesterday, the SEC’s Division of Corporation Finance published new Corporation Finance Interpretation (CFI, formerly referred to as Compliance and Disclosure Interpretations, or C&DIs) 116.26, addressing a discrete but practically important question for issuers conducting at-the-market (ATM) offerings on Form S-3…
Wall Street Journal Reports that SEC is Preparing a Proposal to Eliminate Mandatory Quarterly Reporting Requirements
Blog March 18, 2026
Wall Street Journal Reports that SEC is Preparing a Proposal to Eliminate Mandatory Quarterly Reporting Requirements
The Wall Street Journal reported that the SEC is developing a plan that would eliminate mandatory quarterly earnings reporting and instead allow public companies to report their financial results only twice a year…
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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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