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Though the requirements of Section 13D related to the timing of required disclosure unfortunately appear unlikely to be revised in the near future, 5 the SEC appears to be keenly aware of the rules’ regulatory shortcomings.

The SEC announced eight settlements of Section 13D enforcement actions in March 2015, and it is reportedly investigating a number of situations in which activist funds appear to have informally coordinated their market activity.

The SEC had been formally petitioned that year to update the Schedule 13D reporting requirements to shorten the reporting window—specific authority for which had been provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010—and broaden the definition of beneficial ownership.

A recent letter to Congress signed by several ethics and watchdog groups renewed the call for intervention by lawmakers on this important issue.