Now, at a time when the global cryptocurrency market is valued at well over $2 trillion, the SEC’s proposed rule is intended to facilitate capital raising involving crypto assets within the U.S. capital markets.
Gibson Dunn ESG: Risk, Litigation, and Reporting Update (July 2026)
We are pleased to provide you with Gibson Dunn’s ESG Risk, Litigation, and Reporting update covering the following key developments during July 2026. Please click on the links below for further details.
Shareholder Proposal Developments During The 2026 Proxy Season
This update provides an overview of shareholder proposals submitted to public companies during the 2026 proxy season, including statistics and notable developments from the staff (the Staff) of the Securities and Exchange Commission (the SEC) on noaction requests and exclusion notices submitted under Rule 14a-8(j) (together, exclusion requests).
SEC Division of Corporation Finance Withdraws Indefinitely from the Shareholder Proposal Process
Companies continue to be required under Rule 14a-8(j) to notify the SEC when they intend to exclude Rule 14a-8 shareholder proposals from their proxy materials.
Perpetual Contracts: Product Structure and Recent U.S. Regulatory Developments
This update, the first in a series, explains what Perpetuals are and how they work, and traces recent relevant regulatory developments in the U.S.
Updated Summary of Director Education Opportunities Now Available (July 2026)
A quarterly update of high-quality education opportunities for Boards of Directors.
Gibson Dunn’s summary of director education opportunities has been updated as of July 2026. A copy is available at this link. Boards of Directors of public and private companies find this a useful resource as they look for high quality education opportunities.
This quarter’s update to the summary of director education opportunities includes a number of new opportunities as well as updates to the programs offered by organizations that have been included in our prior updates.
Delaware Court of Chancery Holds That Statutory Safe Harbor Protects PBC Directors and Revlon’s Stockholder-Value-Maximization Mandate Does Not Apply to PBCs
Once a niche corporate form, the Delaware public benefit corporation (PBC) has become an increasingly significant feature of the corporate landscape, having been adopted by a number of prominent companies, including highly valued private issuers and established public companies. Until two days ago, however, the PBC statute had generated almost no case law on what PBC directors owe their stockholders in a sale of control. That has now changed.
Gibson Dunn ESG: Risk, Litigation, and Reporting Update (June 2026)
We are pleased to provide you with Gibson Dunn’s ESG Risk, Litigation, and Reporting update covering the following key developments during June 2026.
SEC Staff Issues Additional Guidance on Shareholder Activism, Tender Offers, Proxy Matters and Crowdfunding
On July 9, 2026, the Securities and Exchange Commission’s Division of Corporation Finance (the “Staff”) issued a series of interpretations (“CFIs”) that update four sections of the Staff’s CFIs: Sections 13(d) and 13(g) and Regulation 13D-G Beneficial Ownership Reporting; Tender Offer Rules and Schedules; Proxy Rules and Schedules 14A/14C; and Regulation Crowdfunding.
New Exemptive Order Modernizes and Significantly Expands Abbreviated Five-Business Day Non-Convertible Debt Tender Offers
Companies will be able to take advantage of a high-velocity, more flexible mechanism to optimize balance sheets and have the ability to more nimbly conduct liability management exercises in a single calendar week, while reducing exposure to market and interest rate volatility.