Tag Archives: SEC

Conflict Minerals Legal Challenge — SEC, NAM, Industry Coalition and Amnesty International Briefs Filed

Between May 8 and May 13, briefs on the trade associations’ emergency motion for stay were filed by the SEC, the trade association petitioners, an industry coalition, and Amnesty International.  Two steps remain —   First, the oral argument in American Meat Institute, which is set for May 19.  American Meat Institute is a case involving a First Amendment … Continue Reading

Conflict Minerals — Industry Groups File Motion For Full Stay in Response to SEC Partial Stay

On May 2, the SEC issued a partial stay of the Conflict Minerals Rule.  This partial stay implements the substance of the statement of the Director of Corporation Finance that was released on Tuesday, April 29th.  Our  blog post of April 29th  summarizes the SEC Statement.  As they indicated they would, the trade groups that challenged the Conflict Minerals Rule filed a … Continue Reading

URGENT — SEC Releases Statement on Conflict Minerals Rule

On Tuesday, April 29, 2014, Keith Higgins, the Director of the Division of Corporation Finance, released an eagerly awaited statement on the effect of the Court of Appeals decision on the conflict minerals rule.  Two weeks ago, the Court of Appeals found that the conflict minerals rule violated the First Amendment when it required reporting … Continue Reading

SEC Commissioners Issue Joint Statement on Conflict Minerals Rule

Today, two SEC Commissioners issued a joint statement indicating that they believe that the effectiveness of the conflict minerals rule should be stayed pending the final outcome of the legal challenge because they believe that the district court could conclude that the entire conflict minerals rule is invalid.   In part, they said: “The First Amendment concerns permeate … Continue Reading

Event: 2014 Conflict Minerals Conference in Northeast Ohio

Squire Sanders is pleased to be a sponsor of the 2014 Conflict Minerals Conference on Wednesday, February 19 at Corporate College in Warrensville Heights, OH. Hear from the nation’s foremost experts on the topic of conflict minerals and learn how the Dodd-Frank legislation will impact your organization and the supply chain. This dynamic seminar, which … Continue Reading

U.S. Appeals Court Voices Concern at Conflict Minerals Arguments

On Tuesday, January 7, 2014, a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the challenge to the conflict minerals rule. Those attending the arguments observed the court’s skepticism with the rule, specifically from the two conservative judges on the panel, David Sentelle and A. Raymond Randolph, appointees of … Continue Reading

Legal Challenge — A Review of the Docket — Expedited Briefing Schedule Set

In response to the motion for expedited review, yesterday, August 15, 2013, the US Court of Appeals has set the following briefing schedule for NAM v SEC. NAM’s first filing must be made by September 11th. SEC’s reply is due by November 13th. Brief for Appellants September 11, 2013  Appendix September 11, 2013  Brief for Amici Curiae in Support of Appellants  September 18,2013 Brief … Continue Reading

Challenging the Conflict Minerals Rule — A Review of the Docket — Legal Decision Appealed

On July 23rd, the U.S. District Court rejected the National Association of Manufacturers’ legal challenge to the conflict minerals rule. After months of pleadings and procedural activity, the district court in NAM v SEC rejected the petitioners’ claims that elements of the conflict minerals rule were arbitrary and capricious and that the rule violated the … Continue Reading

Conflict Minerals Legal Challenge Rejected

In a decision that has surprised some observers, on July 23rd, the U.S. District Court rejected the National Association of Manufacturers’ legal challenge to the conflict minerals rule. After months of pleadings and procedural activity, the district court in NAM v SEC rejected the petitioners’ claims that elements of the conflict minerals rule were arbitrary … Continue Reading

Challenging the Conflict Minerals Rule – A Review of the Docket – Resource Extraction Rule Vacated and Remanded to the SEC

In a ruling in API vs. SEC on July 2, 2013, the US District Court for the District of Columbia vacated the SEC’s resource extraction rule and sent it back to the SEC for further proceedings.  Observers of NAM vs. SEC are considering what impact the decision in the resource extraction case – and the court’s analysis – may have … Continue Reading

Additional Guidance via FAQs from the SEC

For months, many have been pressing for additional guidance from the SEC on the conflict minerals rule.  Finally, on May 30, 2013, the SEC staff provided a bit of that guidance.  The FAQs cover some of the questions that have been raised almost continuously since the rule was issued last August.   But, the guidance is limited to only 12 questions and, for the … Continue Reading

Challenging the Conflict Minerals Rule — A Review of the Docket — Activity in the District Court

Here’s an update on the state of play in the legal challenge to the conflict minerals rule: On May 2, 2013, the US Court of Appeals granted the petitioners’ motion to transfer the case challenging the conflict minerals rule to the US District Court for the District of Columbia. On May 6, 2013, the District … Continue Reading
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