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Penalties Enforcement Actions Disclosure Requirements

Carlton Fields

SEC Penalties for Off-Channel Communications: Still Blowing in the Wind

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The SEC has increased its enforcement efforts against firms that are registered as broker-dealers and/or investment advisers for alleged violations of federal securities laws involving “off-channel communications.” Such...more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

Mintz - Venture Capital & Emerging Companies...

Compliance with the New York LLC Transparency Act Necessary for Many Mintz Clients

Clients with Limited Liability Companies in New York Likely Impacted - New York Governor Kathy Hochul recently signed the New York LLC Transparency Act (NYLTA) into law. The act, which will become effective on December 21,...more

Bass, Berry & Sims PLC

The Corporate Transparency Act: A Primer for “Small” Businesses

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The Corporate Transparency Act (CTA), which aims to curb illicit financial activities like money laundering and other fraudulent activities, will go into effect on January 1, 2024. Consequentially, many types of businesses,...more

Kohn, Kohn & Colapinto LLP

SEC Issues Record Penalty for ESG Greenwashing Violations

In recent years, the U.S. Securities and Exchange Commission (SEC) has increasingly made Environmental, Social, and Governance (ESG) issues a central element of the agency’s enforcement priorities and on September 25, the...more

Hinch Newman LLP

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

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The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Hanzo

Financial Data Compliance and Enterprise Information Archiving

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When it comes to making sure financial data is safe and meets compliance regulations, understanding the different regulatory bodies and how they affect your organization is a vital first step. Two of the most common...more

Bracewell LLP

EU Mandatory Environmental and Human Rights Due Diligence Law – What You Need To Know

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On Wednesday, March 10th, the European Parliament voted by an overwhelming majority for the adoption of a binding EU law that requires companies to conduct environmental and human rights due diligence along their full value...more

Foley Hoag LLP - Public Companies & the Law

GE Agrees to Pay $200 Million Penalty to Settle SEC Enforcement Action for Disclosure Violations

Last month, General Electric agreed to pay a $200 million penalty to settle an SEC enforcement action arising from alleged disclosure violations concerning the company’s power and health insurance businesses. According to...more

Bass, Berry & Sims PLC

SEC Files First Charges for Inadequate Public Company COVID-19 Disclosures

Bass, Berry & Sims PLC on

In a prelude of things to come for public companies, on December 4 the Securities and Exchange Commission (SEC) sued restaurant operator The Cheesecake Factory Incorporated for making misleading disclosures regarding the...more

Kramer Levin Naftalis & Frankel LLP

SEC Charges Diageo for Violation of Known Trends MD&A Disclosure Requirements

On Feb. 19, 2020, the SEC announced charges against Diageo plc, an alcoholic beverages company, arising out of its failure to make required disclosures of known trends with respect to alleged unsustainable overshipments of...more

Mayer Brown Free Writings + Perspectives

SEC Penalizes Issuer for Failure to Disclose Known Trends and Uncertainties

A U.S. reporting company that produces, distills and markets alcoholic beverages, such as vodkas, whiskeys, tequilas, gins and beer, and that has shares and American Depositary Shares listed on the London Stock Exchange and...more

Akin Gump Strauss Hauer & Feld LLP

California Passes Landmark Consumer Privacy CCPA—What it Means for Businesses

• California recently passed the landmark California Consumer Privacy Act that goes into effect in 2020, which grants California residents new privacy rights. • The CCPA creates a private right of action for California...more

Polsinelli

California Passes the California Consumer Privacy Act of 2018

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On June 28, 2018, Governor Jerry Brown signed a new privacy law that will allow California residents to exercise more control over the personal information companies collect on them and impose new penalties for noncompliance....more

Fenwick & West LLP

Yahoo’s $35M SEC Settlement: Takeaways from the First Enforcement Action for Failure to Disclose a Data Breach

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The U.S. Securities and Exchange Commission announced on April 24, 2018, that Yahoo! — now known as Altaba — agreed to pay a $35 million penalty to settle claims that the company failed to timely disclose a 2014 data breach...more

Akin Gump Strauss Hauer & Feld LLP

In Principle: 10 Things Authorised Firms Need to Know for 2018 – The World of Financial Regulation as the UK Prepares to Exit the...

There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more

Thomas Fox - Compliance Evangelist

Not Correctly Reporting Losses: An Internal Controls Failure

A recent Securities and Exchange Commission (SEC) internal controls enforcement action drew my attention. It was not a Foreign Corrupt Practices Act (FCPA) enforcement action but it certainly does have implications for a...more

Foley & Lardner LLP

A Compilation of Enforcement and Non-Enforcement Actions

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Non-Enforcement - Remember to Update Your Risk Disclosure on an Ongoing Basis - The staff of the Securities and Exchange Commission (SEC) issued guidance reminding mutual funds, exchange traded funds, and other...more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The SEC prevailed on two summary judgment motions. One centered on a manipulation action. The other was against an attorney who facilitated a prime bank fraud. The Commission also filed: An action against UBS tied to its...more

Polsinelli

DOJ Reaffirms Commitment to Prosecuting Individuals, Toughens Expectation for Corporate Response

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The U.S. Department of Justice (DOJ) recently issued a memorandum ("The Yates memo") on September 9, 2015 by Deputy Attorney General Sally Yates, reaffirming the Government's commitment to prosecuting individuals. Say...more

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