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David H. Engvall

David Engvall advises public companies on a wide range of securities, capital markets, corporate governance, and related matters. In the capital markets area, he has handled a range of transactions, including registered and unregistered offerings of common and preferred stock, investment grade and high yield debt securities, convertible securities, and trust units. He advises companies in a number of industries. David’s transactional experience also includes equity and debt tender offers, investments and M&A transactions.

David advises public company clients on a wide variety of disclosure, SEC compliance, transactional, and corporate governance matters. David is actively engaged in advising clients on a wide range of specific securities law topics, including executive compensation, beneficial ownership reporting, environmental, social and governance (“ESG”) reporting, and specialized disclosures such as those pertaining to conflict minerals. In the corporate governance area, he advises clients on topics such as Board committee charters, shareholder activism, management succession planning, and director independence.

On February 21, 2018, the U.S. Securities and Exchange Commission (the “Commission”) approved a statement and interpretive guidance that provides the Commission’s views on a public company’s disclosure obligations concerning cybersecurity risks and incidents (the “2018 Commission Guidance”). This guidance reinforces and expands upon previous cybersecurity disclosure guidance issued by the Division of Corporation Finance (the “Staff”) in October 2011  (the “2011 Staff Guidance”).  The 2018 Commission Guidance also focuses on two additional issues: (i) maintenance of comprehensive policies and procedures related to cybersecurity, including sufficient disclosure controls and procedures, and (ii) insider trading in the cybersecurity context.

Continue Reading SEC Adopts New Guidance on Public Company Cybersecurity Disclosures and Insider Trading