Download Q1 2022 Report Introduction and Market Update Welcome friends, clients and readers to FTI Consulting’s quarterly Activism Vulnerability Report, which will present findings from our Activism Vulnerability Screener for the first quarter of 2022 and discuss other notable trends in the world of shareholder activism and engagement. Markets experienced heightened volatility during the quarter, with Russia’s invasion of Ukraine exacerbating already challenging inflation, pandemic, supply chain and oil price considerations, amongst others. Many nations, including the U.S., have imposed heavy economic...

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This blog was originally published on February 25, 2022, and has been updated to reflect further developments | On February 21, 2022, Russia formally recognized the purported independence of two regions in Eastern Ukraine, Donetsk and Luhansk. The next day it ordered Russian troops into the separatist-occupied territories, and the incursion escalated into a multi-pronged invasion of Ukraine on February 24, 2022. Canada swiftly announced new sanctions that target Russia and the occupied Ukrainian regions, as it warned it would...

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Initially published in JD Supra | A debate over penalties for non-willful failure to disclose all of an individual’s or business’ foreign bank accounts may reach the Supreme Court, if a Department of Justice request is granted, according to its recently filed brief. At issue: should the maximum $10,000 Foreign Bank Account Reporting (FBAR) penalty apply on a per-account basis, or rather than in one unified annual basis. Fifth and the Ninth Circuit Courts have produced dueling rulings that could mean...

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In two separate May 25 releases, the U.S. Securities and Exchange Commission (SEC) proposed amendments to (1) Rule 35d-1 (the Names Rule) under the Investment Company Act of 1940 (Investment Company Act) and (2) rules and disclosure forms concerning funds’ and advisers’ incorporation of environmental, social, and governance (ESG) factors. The final rules, if adopted, would make investment companies and advisers subject to tighter standards regarding how funds are named and how ESG factors are disclosed. Amendments to the Fund...

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