We recently reported on amendments to Rule 10b5-1 (“The SEC Buries the Lede on Rule 10b5-1 Amendments”), noting that in saying that the amendments “modernize” the rule the SEC may have made a misstatement, if not a material one. However, we did not point out that as part of the so-called “modernization,” the SEC threw […]
The SEC Buries the Lede on Rule 10b5-1 Amendments
On December 14, 2022, the SEC announced that it had adopted amendments to Rule 10b5-1 under the Exchange Act. The headline of the announcement states that the amendments “modernize” the rule – which governs so-called insider trading plans – but it’s questionable if they achieve that goal, or whether in fact that was the goal […]
2022 Special Session Wrap-Up
This week, the House and Senate met in Tallahassee for a 3-day Special Session to pass Senate Bill 2A, Property Insurance, legislation intended to improve Florida’s property insurance marketplace for homeowners; Senate Bill 4A, Disaster Relief, which provides tax and financial relief for Floridians impacted by hurricane Ian and Nicole; and Senate Bill 6A, Toll […]
HHS Issues Bulletin Regarding Use of Online Tracking Technologies
On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), issued a Bulletin regarding the use of online tracking technologies (which includes other tracking technologies such as fingerprinting and by HIPAA covered entities and business associates). The Bulletin states (internal citations omitted), “Regulated entities are […]
HHS Proposes Changes to Confidentiality of Substance Use Disorder Patient Records under HIPAA Privacy Rule, 42 CFR Part 2
As any health care provider who has engaged in the provision of substance use disorder (SUD) treatment can tell you, understanding the application of HIPAA and 42 CFR Part 2 is anything but clear cut. In an effort to alleviate some of the confusion and ultimately remove unnecessary barriers to care, the US Department of […]
Form 144 Goes Electronic – Why You Should Care
In its ongoing efforts to transition from a paper filing system to an electronic one, the SEC announced earlier this year that, effective April 13, 2023, all Form 144 filings must be made electronically. Particularly when compared to some other SEC rule changes – for example, the recently adopted clawback rules – this change does […]
2022 General Election Results
Over 7,784,171 Florida voters turned out to determine the cabinet races, congressional races, state legislative races, local races, constitutional amendments, and more. The state decisively supported Governor Ron DeSantis in his re-election bid. Notable Races Florida’s newly elected Legislators will convene in Tallahassee for the Organizational Session on November 22, 2022 to swear in new […]
Private Wealth Services Year End Alert: Recent Notable Federal & Florida Estate and Tax Planning Developments
2023 INFLATION INCREASES Recent inflation has brought with it changes in various automatic adjustments in certain government benefits and tax attributes. For example, the cost-of-living adjustment (“COLA”) will increase Social Security and Supplemental Security Income payments for over 70 million Americans by 8.7% in 2023. In addition, the IRS has announced other inflation-driven increases. Two […]
Easy Come, Easy Go: The SEC (Finally) Adopts “Clawback” Rules
On October 26, 2022, the SEC continued what we’ve referred to as its “regulatory rampage” by adopting final rules on “compensation recovery” – or, as more commonly referred to, “clawbacks.” (To be fair, the term “rampage” may not be applicable here; these rules were mandated in the Dodd-Frank Act in 2010 but were not proposed […]
The Fundamental Things Apply – Including Universal Proxy Rules and Filing Fees
Universal Proxy Rules May Have Broad Application Lest you think that the universal proxy rules only apply to companies involved in a proxy contest, think again. On August 25, 2022, the SEC issued three Compliance and Disclosure Interpretations, or CDIs, relating to the universal proxy rules, including one CDI that needs to be considered by […]