HSE Securities and Capital Markets Newsletter | Spring 2024

Editor’s Message

Happy Spring everyone! For us, the start of the new year has brought a busy proxy season as we have assisted clients in incorporating some of the SEC’s new rulemaking into their Form 10-Ks and proxy statements. We also received a lovely gift from the SEC when its long awaited final climate change disclosure rules were released in March. More information about the rules and expected Court challenges can be found in our article in this newsletter. 

While capital raising activity remains modest, despite some increased activity during the first quarter, we are not expecting any meaningful uptick in activity until after the presidential election this Fall. M&A activity has been a bit more brisk, but nothing like the frenzy of 2021.

We are excited about the transactions and offerings we have assisted clients with this quarter in addition to the Form 10-K and proxy statement work and we are looking forward to more success and growth during the second quarter.

Alex McClean
Practice Group Leader
Securities and Capital Markets Group

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Legal Insights

We regularly provide insight on a range of important securities and regulatory developments through our LEGALcurrents. Below are links to some of our recent articles and some additional content that may be of interest:

• SEC Adopts New Climate-Related Disclosure Rules
• California Climate Disclosure Laws Have Not Evaporated After SEC Climate-Related Rule Adoption
• SEC Adopts Comprehensive SPAC Disclosure Rules
• SPACs: Only Mostly Dead?
• Ransomware: To Pay or Not To Pay

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Events

Manufacturing Awards 2024, Buffalo, May 16, 2024
Congratulations to Graham Corporation on being named “Manufacturer of the Year” by the Buffalo Business First. HSE looks forward to joining many others in honoring Graham, and other award recipients, at the Manufacturing Awards in Buffalo on May 16.

 

MicroCap Conference, Atlantic City, Jan. 30 – Feb. 1, 2024
Chris Murillo attended the 2024 MicoCap Conference, the largest independent event for Microcap companies. “A common theme at the conference,” said Murillo, “was the headwinds that microcap companies are facing in the capital markets and the importance of proactively positioning themselves to capitalize on scarce opportunities as and when they present themselves. A key component of that is building out a team of knowledgeable advisors, including legal, accounting and banking before such opportunities present themselves.”

 

Curling: A Team Sport for Athletes and Attorneys
HSE provides clients with a team that works AND plays hard together. The Securities & Capital Markets team recently went curling. It seems that deal documents and regulations are not the only things this team enthusiastically analyzes!

 

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In The News

Harter Secrest & Emery Advises inTEST in Acquisition of Italian-Based Company
HSE recently represented inTEST Corporation in an acquisition of Alfamation S.p.A., a leading global provider of state-of-the-art test and measurement solutions for the automotive, life sciences and specialty consumer electronics markets, based in Milan, Italy. The acquisition closed March 13, 2024.

 

Harter Secrest & Emery Advised AXIL Brands, Inc. (Formerly Reviv3 Procare Company) on Uplist to the NYSE American Exchange
HSE recently represented AXIL Brands, Inc. in an uplisting from the OTCBQ to the NYSE American LLC. 

 

Sid Bahl Named Chair of the Monroe County Bar Association’s New Value Discovery Committee
HSE Securities and Capital Markets attorney Sid Bahl is named Chair of the newly formed Value Discovery Committee for the Monroe County Bar Association. See what he has planned for 2024 here.

 

 

CorporateCounsel.net Podcast: Preparing for the 2024 Annual Reporting and Proxy Season
Alex McClean and Maggie Rhoda spoke with John Jenkins of corporatecounsel.net regarding updates to consider for annual reports and proxy statements in 2024 and beyond.

 

The Securities Team Welcomes Two New Associates
Earlier this year, HSE proudly promoted six law clerks to associates, two of whom are members of the Securities & Capital Markets team. After only a few short months with the firm as law clerks and now associates, Jason W. Delmont and Clayton S. B. Dubin have proven to be valuable members of our team.