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Articles by Mark Bergman
The key things to watch out for in the 76 days following the US Presidential election
We must move away from focusing on election day to focusing on election season. There is little doubt that we will see a wave of legal challenges. The Trump campaign for some time has been bringing legal challenges to voting processes, including most recently challenging the ability of overseas voters to vote, not because they think they can win, but to seed the ecosystem with claims that sow doubt and distrust.
Updates to California Climate Accountability Package & Anti-Greenwashing Measure
California, the state at the leading edge of climate regulation nationally, recently amended two state laws known together as the California Climate Accountability Package, under which U.S. companies that satisfy monetary thresholds and do business in the state will be required to disclose their direct and indirect greenhouse gas emissions and climate-related financial risks.
U.S. election: Why there is still much to do to ensure a Kamala Harris victory over Donald Trump
What’s the latest with the race to become the next President of the United States of America? I share what I am picking up across various conversations, and in doing so, I share a message of cautious optimism as well as a plea for continued support – money and volunteers, in what will be a crucial election. We all have heard what a close race this was going to be – that was overstated prior to the time President Biden decided to step aside.
Why Democratic voter participation from Americans overseas is more important than ever
On September 5th, US citizens outside the United States as well as US-residents with friends and family overseas, will be able to dial into an Americans Abroad for Harris-Walz Zoom call. I and my fellow organizers, including Democrats Abroad, the official Democrat Party arm serving Americans living outside the United States, are seeking to capture the wave, in the words of Michelle Obama, TO DO SOMETHING.
Reflections on the Democratic National convention
It would be difficult to run out of superlatives to describe the mood in the United Center this past week in Chicago (broken down by segment by C-Span here). Were I to prepare a word cloud after attending all four days of the DNC, these would be my more prominent words and phrases: We are not going back! When we fight, we win! Incidentally, the use of “we” twice is seen as key to a collective call to arms. Joy Hope Unity – together Do something! Neighbors Freedom – plenty more on this below.
If media is so fixated on equivalence, where are the calls for Trump to step aside?
I continue with my split screen view of electoral politics with fewer than 90 days to go before Election Day. There are any number of angles to focus on this past week, but one, in particular, so captures the essence of the choice voters will face in November. I hesitate to refer to that choice as a “contest,” or even as a “race,” as those terms feed into the surreal narratives that all too often dominate the headlines and the airwaves.
We must not lose sight of the threats Trump still poses to the US
At 6:11:13 pm ET Saturday evening, a presidential election unlike any before it, for a host of reasons with which people the world over are all too familiar, was thrown instantly into further disarray by that sadly all-too-familiar report of “shots fired.” That those tragic shots were fired at a Trump campaign rally, killing one rally attendee, wounding two others and narrowly missing the presumptive nominee of the Republican Party, to many are symptomatic of the polarized world in which we...
The American Presidential election is perhaps the last opportunity to preserve the Republic
Filmmaker and historian Ken Burns, speaking at Brandeis University’s graduation ceremonies last month, as reported by Jennifer Rubin (“The media and sullen nonvoters should listen to Ken Burns”), could not have been more blunt: “Do not be seduced by easy equalization. There is nothing equal about this equation. We are at an existential crossroads in our political and civic lives. This is a choice that could not be clearer.” In fact, said Burns “[t]here is no real choice this November.
EU Parliament Adopts Corporate Sustainability Due Diligence Directive
On April 24, 2024, the European Parliament voted to adopt the Corporate Sustainability Due Diligence Directive (the “Directive”). Once transposed into law by European Union (“EU”) member states and phased in, the Directive will require all companies with significant activities in the EU – not only companies organized or headquartered in the EU – to undertake human rights and environmental due diligence within their global operations and supply chain.
Dispatches from America, where democracy is on the ballot: The stakes for the 2024 election could not be higher
Mark S. Bergman was a partner of the New-York headquartered international law firm, Paul, Weiss, Rifkind, Wharton & Garrison LLP. Mark, through 7Pillars Global Insights, LLC, now comments, briefs and convenes on a range of current political, geopolitical and regulatory topics. He is also a member of Chatham House, and a supporter of its US and the Americas Programme.
Column: Community college education: Cornerstone of democracy
As a young individual, my passion for the arts, and music in particular, ignited a profound connection. I witnessed the mesmerizing ability of controlled sound to move people to tears and experienced the incredible power of art to express deep emotions, foster empathy, and encourage fresh perspectives. After two decades as a performing musician, I felt a strong calling to utilize this understanding to benefit others and contribute to society through education.
California Climate Accountability Package & Anti-Greenwashing Measure
California Gov. Gavin Newsom recently signed into law three climate-related disclosure bills. Under two of the laws, which were the focus of our prior alert, U.S. companies that satisfy monetary thresholds and do business in California will be required to publicly disclose their direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks.
Books Topic of Discussion at SCSD#2 Board Meeting Monday Night - Sheridan Media
Mark Bergman At the February 6 SCSD#2 Board of Trustees meeting around 15 people signed up to speak, most talking about their concerns about the books in the school libraries.Mark Bergman, a concerned parent said this about content and context.She said she sees sharing out of context information on social media and with emails, and feels it is a disservice to our children and the authors of the books.She added that some of what is in the library might be uncomfortable to some people, but that...
Column: Never too late to pick up music
The great American composer, conductor and educator Leonard Bernstein once said, “music can name the unnamable and communicate the unknowable.” Bernstein’s succinct and powerful expression reveals music’s power to speak to our collective hearts and express something of our greater potential as spiritual beings. After all, humans have been making music for a very long time. The earliest instruments, bone flutes, date to 40,000 years ago, and it is likely that vocal music existed long before that.
Wyoming Baroque performs "The Golem" " Early Music America
Post Date: 09/25/2021 Wyoming Baroque performs The Golem Wyoming Baroque will perform live with the 1920 Expressionist silent film classic “The Golem” Sunday, October 03 at 4 p.m. MT as part of the WYO Film Festival at Whitney Center for the Arts at Sheridan College and on Monday, October 04 at 7:30 MT in the choir room at the University of Wyoming.
Paul Weiss Discusses SEC Move to Consider ESG Disclosures
The SEC recently closed its period of public comment on the topic of climate-change disclosures after receiving hundreds of submissions. The comments, not surprisingly, reflected a range of views regarding climate-related disclosures, including whether the SEC should or must limit itself to requiring only financially material.
Paul Weiss Discusses SEC Approval of Nasdaq Rule Change Allowing Direct Listings
On May 19, 2021, the SEC approved Nasdaq’s proposed rule change[1] to permit primary direct floor listings. This will permit companies to undertake an initial public offering and concurrent Nasdaq listing without the use of underwriters to market the shares (a “Direct Listing with a Capital Raise”). Prior to the rule change, direct listings were available only for secondary offerings by existing shareholders.
Acting SEC Chair Lee Discusses Additional Climate and ESG Initiatives | Lexology
On March 15, 2021, Acting SEC Chair Allison Herren Lee delivered a speech at a briefing hosted by the Center for American Progress (remarks, available here).
Acting SEC Chair Allison Herren Lee Issues Statement on the Review of Climate-Related Disclosure | Lexology
Acting SEC Chair Allison Herren Lee issued a statement yesterday (available here) that she has directed the Staff of the SEC’s Division of Corporation Finance (the “Staff”) to “enhance its focus on climate-related disclosure in public company filings.” This is the first significant step the SEC has made regarding climate-related disclosure since it issued its interpretative guidance in 2010 (available here).[1] With a view to updating the 2010 guidance, the Staff will: review the extent to...
US Cos. Must Prepare For EU Carbon Tax On Imports
Law360 (February 18, 2021, 5:29 PM EST) -- As a facet of the so-called European Green Deal,[1] the European Union is currently contemplating instituting a carbon border adjustment mechanism, or CBAM. A formal proposal from the European Commission is expected as early as the end of this year, with the objective of implementing a CBAM by the end of 2022.
US Cos. Must Prepare For EU Human Rights And Climate Policy
Law360 (February 5, 2021, 4:41 PM EST) -- Almost a decade has passed since the United Nations Human Rights Council endorsed its Guiding Principles on Business and Human Rights,[1] and the Organization for Economic Cooperation and Development updated its Guidelines for Multinational Enterprises to add a new chapter on human rights.[2] Over five years have passed since the signing of the Paris Agreement on climate change.[3] During the intervening years, companies have been encouraged to...
Sustainability & ESG Year In Review: Key Takeaways
To print this article, all you need is to be registered or login on Mondaq.com. This client alert, part of a series focused on environmental, social and governance ("ESG") disclosure and regulatory developments, should be read together with our ESG Lexicon, available here, which provides definitions of some of the key terms used in ESG reports, disclosures and regulations.
Update on NYSE Shareholder Approval Requirements: Waiver Extension and Proposed Amendments | Lexology
The NYSE has extended its waiver of certain shareholder approval requirements applicable to issuances to related parties and private placements in excess of 20% of a listed company’s common stock (by number or by voting power) through March 31, 2021 (available here).[1] In addition, the NYSE has proposed amendments to its shareholder approval requirements that would largely codify the waivers (as published by the SEC, available here).
SEC Division Of Corporation Finance Issues SPAC Disclosure Guidance - Corporate/Commercial Law - United States
United States: SEC Division Of Corporation Finance Issues SPAC Disclosure Guidance 07 January 2021 by Mark S. Bergman , David S. Huntington , Brian M. Janson , John C. Kennedy , Raphael M. Russo , Tracey A. Zaccone , Gregory F. Laufer and David Curtiss Paul Weiss Rifkind Wharton & Garrison To print this article, all you need is to be registered or login on Mondaq.com.
Paul Weiss Discusses SEC Guidance on Disclosure by SPACs
The Staff of the Division of Corporation Finance recently issued CF Disclosure Guidance: Topic 11 – Special Purpose Acquisition Companies (available here).
SEC Division of Corporation Finance Issues SPAC Disclosure Guidance | Lexology
The Staff of the Division of Corporation Finance recently issued CF Disclosure Guidance: Topic 11 – Special Purpose Acquisition Companies (available here).
Paul Weiss Discusses SEC Proposal to Permit Offering Gig Workers Equity Compensation
The SEC has proposed amendments that would permit, for a temporary five-year trial period, companies to offer equity compensation to “platform workers” (gig economy workers who provide services by means of an internet or other technology based marketplace platform) under the same regulatory framework available for offerings to employees (available here).
Paul Weiss Discusses NY Regulator’s Advice to Financial Companies on Climate Risk
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On October 29, 2020, The New York State Department of Financial Services (“DFS”) published an industry letter (the “Industry Letter”) for banks and other financial institutions that it regulates that details the range of climate change risks that could soon impact these institutions.[1] The letter is addressed to both DFS-regulated banking institutions and non-bank institutions, such as money transmitters and virtual currency companies.
By Mark Bergman, Roberto Gonzalez Verified, Roberto J. González, Brad S. Karp, David Curran Verified
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U.S. Congress Passes Holding Foreign Companies Accountable Act
Worldwide: U.S. Congress Passes Holding Foreign Companies Accountable Act 08 December 2020 by Mark S. Bergman , Andrew J. Ehrlich , Roberto Gonzalez , Xiaoyu Greg Liu , Betty Yap , Judie Ng Shortell and Karen R. King Paul Weiss Rifkind Wharton & Garrison To print this article, all you need is to be registered or login on Mondaq.com.
Board Diversity Requirements
To print this article, all you need is to be registered or login on Mondaq.com. In a watershed moment for corporate governance in the United States, Nasdaq has proposed board diversity and disclosure requirements as a condition to continued listing (available here).
U.S. Congress Passes Holding Foreign Companies Accountable Act | Lexology
Yesterday, the U.S. House of Representatives passed the Holding Foreign Companies Accountable Act[1] (the “Act”) that, in effect, could result in the delisting of non-U.S. SEC reporting companies (particularly from China) whose financial statements have, for a period of three consecutive years, been audited by an accounting firm branch or office that is not subject to PCAOB inspection.
SEC Proposes Amendments To Rule 701 And Form S-8
To print this article, all you need is to be registered or login on Mondaq.com. The SEC has proposed amendments to modernize the securities law framework for equity compensation offerings to employees and other service providers (available here).
SEC Proposes To Permit Offerings Of Equity Compensation To Gig Economy Workers
To print this article, all you need is to be registered or login on Mondaq.com. The SEC has proposed amendments that would permit, for a temporary five-year trial period, companies to offer equity compensation to "platform workers" (gig economy workers who provide services by means of an internet or other technology based marketplace platform) under the same regulatory framework available for offerings to employees (available here).
CorpFin Staff Issues Guidance On Disclosure Considerations For Chinese Issuers
To print this article, all you need is to be registered or login on Mondaq.com. On November 23, 2020, the Staff of the SEC's Division of Corporation Finance (the "Staff") issued CF Disclosure Guidance Topic No. 10 ("CF-10") (available here) setting forth its views regarding certain disclosure considerations for companies based, or with the majority of their operations, in China.
SEC Proposes Amendments to Rule 701 and Form S-8 | Lexology
Download PDF The SEC has proposed amendments to modernize the securities law framework for equity compensation offerings to employees and other service providers (available here).
SEC Proposes to Permit Offerings of Equity Compensation to Gig Economy Workers | Lexology
The SEC has proposed amendments that would permit, for a temporary five-year trial period, companies to offer equity compensation to “platform workers” (gig economy workers who provide services by means of an internet or other technology based marketplace platform) under the same regulatory framework available for offerings to employees (available here).
SEC Updates MD&A And Other Financial Disclosure Requirements
To print this article, all you need is to be registered or login on Mondaq.com. The SEC has adopted amendments to the financial disclosure requirements of Regulation S-K, including the requirements (set out in Item 303) governing the presentation of Management's Discussion and Analysis (MD&A) (available here).
SEC Updates Form 20-F And Form 40-F MD&A And Other Financial Disclosure Requirements
United States: SEC Updates Form 20-F And Form 40-F MD&A And Other Financial Disclosure Requirements 26 November 2020 by Mark S. Bergman , Christopher Cummings , David S. Huntington , John C. Kennedy , Raphael M. Russo , Tracey A. Zaccone and Tong Yu Paul Weiss Rifkind Wharton & Garrison To print this article, all you need is to be registered or login on Mondaq.com.
A Second California State Court Enforces Federal Forum Provision And Dismisses Securities Act Claims Against All Defendants—Including Underwriters - Corporate/Commercial Law - United States
United States: A Second California State Court Enforces Federal Forum Provision And Dismisses Securities Act Claims Against All Defendants—Including Underwriters 24 November 2020 by Mark S. Bergman , Susanna M. Buergel , Andrew J. Ehrlich , Brad S. Karp , Daniel J. Kramer , Richard Rosen , Audra J. Soloway , Daniel S. Sinnreich and Scott Kennedy Paul Weiss Rifkind Wharton & Garrison To print this article, all you need is to be registered or login on Mondaq.com.
ISS Issues Final Voting Policies For 2021 Proxy Season
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
A Harbinger Of Things To Come? New York DFS Outlines Expectations For Regulated Entities On Financial Risks Arising From Climate Change
To print this article, all you need is to be registered or login on Mondaq.com. Key Takeaways The New York State Department of Financial Services ("DFS"), issued a letter to DFS-regulated banks and non-bank institutions discussing the financial risks of climate change and outlining its expectations with respect to risk management processes, governance frameworks and business strategies.
SEC Updates Offering Exemption Framework
To print this article, all you need is to be registered or login on Mondaq.com. In an effort to ease capital raising burdens for smaller issuers, the SEC has adopted amendments to modernize, harmonize and simplify the exempt offering framework (available here).
Two Recent Initiatives Aim To Unify The ESG Reporting Ecosystem
To print this article, all you need is to be registered or login on Mondaq.com. This client alert, part of a series focused on ESG disclosure and regulatory developments, should be read together with our ESG Lexicon, available here, which provides definitions of some of the key terms used in ESG reports, disclosures and regulations.
Private Investment Funds And ESG: European Commission Delays Finalization Of The SFDR's Regulatory Technical Standards
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
LIBOR Cessation: ISDA Launches IBOR Fallbacks Supplement And ISDA 2020 IBOR Fallbacks Protocol
To print this article, all you need is to be registered or login on Mondaq.com. On October 23, 2020, the International Swaps and Derivatives Association, Inc.
Paul Weiss Discusses Transition from LIBOR to Alternative Reference Rates by End of 2021
Notwithstanding the impact of COVID-19 on the global economy and market participants, from the perspective of regulators, working groups and industry leaders, the anticipated cessation of the London Interbank Offered Rate (“LIBOR”) remains the end of calendar year 2021.[1] Indeed, the UK Financial Conduct Authority (“FCA”) has confirmed this 2021 deadline.[2] The Bank of England (“BoE”) has explained that that the global market volatility caused by COVID-19 highlights the need to shift away...
Paul Weiss Discusses Enhanced Cooperation Between SEC and DOJ Antitrust Division
On June 22, the Antitrust Division of the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced that they have signed a memorandum of understanding (MOU) to enhance cooperation between the two agencies. According to the agencies’ press releases, the MOU (which has not yet been made available publicly) is the first of its kind between the two agencies and is meant to aid in the agencies’ efforts to promote competition in the securities industry.
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SEC Issues Statement on Coronavirus Reporting Considerations and Potential Relief
SEC Issues Statement on Coronavirus Reporting Considerations and Potential Relief Posted on 04-07-2020 By: Mark S. Bergman, Paul, Weiss, Rifkind, Wharton & Garrison LLP Introduction This article discusses the joint Public Statement1 issued by the U.S. Securities and Exchange Commission (the SEC) Chairman Jay Clayton, SEC Division of Corporation Finance Director Bill Hinman, SEC Chief Accountant Sagar Teotia and PCAOB Chairman William D.
Impact of the Coronavirus on Public Disclosure and Other Obligations
Posted by Brad S. Karp, Scott A. Barshay, and Mark S. Bergman, Paul, Weiss, Rifkind, Wharton & Garrison LLP, on Wednesday, March 18, 2020 Print E-Mail Tweet Brad S. Karp, Scott A. Barshay, and Mark S. Bergman are partners at Paul, Weiss, Rifkind, Wharton & Garrison LLP. This post is based on a Paul Weiss memorandum by Mr. Karp, Mr. Barshay, Mr. Bergman, Christopher J. Cummings, John C. Kennedy, and Audra J. Soloway.
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