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Davis Polk Discusses RECOUP Act’s Clawbacks of Failed-Bank Executives’ Compensation

Reynolds Holding

The provision would grant the FDIC authority to recoup up to two years of compensation from any senior executive of a failed bank or a parent holding company who was responsible for the bank’s failed condition. Natural Resources Defense Council , 467 U.S. 2 See Chevron v. 837 (1984). 37, 1791 N.Y.

Banking 45
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SEC Commissioner Peirce Dissents from Rules on Cybersecurity Disclosure

Reynolds Holding

Cyber risk and the attendant disclosure obligations have been front-and-center for public companies for a long time, and the SEC has underscored the importance of cyber disclosures. 10] The Commission proclaims its “indifference” to companies’ cyber practices, [11] and the final rule is slimmer in detail than the proposed rule.

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Separation for Success

M&A Leadership Council

Mark Herndon, Chairman of the M&A Leadership Council shares part two of this series covering key requirements in supporting the buyer post-close and optimizing the Seller’s remaining business for maximum value when divesting a business. The nature and scope of performance initiatives vary widely by company and industry.

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Wachtell Discusses the U.S. Supreme Court’s Business Docket for the October Term 2022

Reynolds Holding

While Axon was a limited, procedural ruling insofar as it did not opine on the underlying merits of any constitutional challenge, the decision affords companies—including merger parties—facing adverse action in the setting of in- house agency forums the opportunity to press constitutional claims at an early stage in a neutral Article III court.

Banking 40
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Davis Polk Discusses Rulings on Fed’s Denial of Master Accounts to Custodia and PayServices

Reynolds Holding

While Custodia is subject to state prudential regulation, it is not FDIC-insured or subject to federal prudential regulation and does not have a holding company subject to Federal Reserve oversight. Its business model is to provide banking services to crypto-asset companies. dollar that would be 100% backed by cash or cash equivalents.

Banking 45
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SEC Rulemaking and Litigation in Chair Gensler’s First 1000 Days

Reynolds Holding

It is also worth benchmarking both the SEC’s rulemaking and the extent and nature of litigation challenging its rules to assess how changes in legal doctrine and court personnel are affecting the agency. But we can already see the nature and breadth of the types of challenges and where they have been brought. 2] Chevron U.S.A.,

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ESG A Valuation Framework

Value Scope

First, on December 17, 2019, SEC Commissioner Hester Peirce went on live television to call for greater oversight of how ESG is used by companies and the investment community. “. there were two inflection points that marked a higher level of discourse. A factor of investment in the market is based on sentiment and belief in performance.