SEC Rulemaking in 2020: What to Expect

Securities and Exchange Commission (SEC) chair Jay Clayton has taken most of the mystery out of securities lawyers’ predictions regarding future SEC rulemaking. During his tenure at the SEC, Chair Clayton has revamped the SEC’s rulemaking agenda published under the Regulatory Flexibility Act, often referred to as the “reg flex agenda,” in order to narrow the list of proposed rulemaking actions to those that the SEC reasonably expects to complete within one year. By tailoring the list, there is greater transparency regarding planned actions. As a result, the predictions noted below, which may have lost their crystal-ball like qualities, have a higher probability of coming to pass.