Securities Law › Business Organization › Privacy

“Red Flag” Compliance Requirements Come to Investment Advisors, Broker-Dealers

It has been several years since the Federal Trade Commission’s Red Flag Rule took effect; and the banking regulators have had the Red Flag Interagency Guidance in place since 2007. Finally, entities regulated by the...more

Cybersecurity Disclosure: A Panel Discussion with the SEC’s Division of Corporation Finance

Last week in Washington, D.C., this author had the opportunity to sit in on a panel discussion by the SEC’s Division of Corporation Finance (“CorpFin”) discussing, among other things, recent developments in cybersecurity...more

To the Nation’s Largest Banks: Thanks for Reading

It seems that some of the nation’s largest public company banks must be avid readers of this blog and have taken to heart our 2013 prediction that the SEC would require greater disclosure related to data security risks and...more

SEC v. Hackers: More Cybersecurity Enforcement On The Horizon?

Cybersecurity may be the SEC’s newest area for enforcement actions. While the SEC first released Disclosure Guidance concerning cybersecurity in 2011, the recent media attention surrounding significant cybersecurity breaches...more

Enterprise Data Security For The Securities Lawyer

Assuring cybersecurity has become a necessity for businesses across all industries. Cybercrime — with over $1 trillion in annual profits — is now the most lucrative illegal global business. Any business with computers and...more

First of a series: Issues for 2013

Happy New Year! We are beginning this week with a series of top Privacy and Security issues for 2013, as we see them. Let’s start with an issue of interest to publicly traded companies, or companies considering going...more

The Evolving Obligations of Public Companies to Disclose Cyber-Intrusions

Public companies have struggled with the question of whether a cyber-intrusion triggers an obligation under the federal securities laws to disclose the intrusion to investors in a public filing. While the SEC has provided...more

It's Your Business Newsletter -- July 2012

In This Issue: Preventing Or Responding To Data Security Breaches: Is Your Information Safe?; Successor Liability – Not Your Problem, Or Is It?; and Jobs Act Opens Up New Capital Raising Alternatives for Private...more

Disclosure Bill May Put Retirees At Risk

Recently, I wrote about a bill, SB 1208 (Leno), that would require disclosure of total compensation information with respect to each of a corporation’s five most highly compensated retirees. This requirement would be imposed...more

The Facebook IPO and Disclosure of Cybersecurity and Privacy Risks: Tips and Lessons for Practitioners

Originally published by Bloomberg Finance L.P. in the Vol.6, No. 12 edition of the Bloomberg Law Reports—Securities Law. The Facebook, Inc. (Facebook) initial public offering last month was probably the most...more

Incorporating in Armenia

The article outlines the basic features of Armenian corporate law. Fundamentals of corporate formation, administration and other aspects of corporate activities are summarized in a few short paragraphs....more

Gearing up for 2012 Annual Reporting Season: Has Your Public Company Board Addressed Cybersecurity Risk?

As companies have migrated toward increasing dependence on digital technologies to conduct their operations, the risks to these companies associated with cybersecurity incidents have also increased. The consequences of a...more

A Practical Guide to Implementing SEC Guidance on Disclosure of Cybersecurity Risks and Cyber Incidents

Recent, high-profile cyber attacks and cybersecurity lapses have resulted in a serious focus on cybersecurity from the Obama administration, the Senate and the SEC. In the past year, there were reports of cyber thieves...more

The SEC Focuses on Cyber Security and Related Disclosure Requirements

Over the course of the last several years, corporations have faced the threat of cyber risk and the occurrence of cybersecurity incidents with more and more frequency. As a result, public companies have begun to report cyber...more

Cybersecurity and the Public Company: Keeping Your Disclosures Safe and Sound After Cyber Monday

Click here if you would like to have your personal financial information compromised and your credit card numbers shared with criminals around the world. Such are the implicit invitations many of us receive on a regular basis...more

Cybersecurity Risks and Events Receive SEC Attention—Disclosure Guidance From Corp Fin

The US Securities and Exchange Commission’s Division of Corporate Finance (“Corp Fin”) recently released guidance regarding the obligation of a publicly traded company or issuer to disclose cybersecurity risks and incidents....more

SEC Issues Cyber Incident Disclosure Guidance

On October 13, 2011, the United States Securities and Exchange Commission released guidance from the Division of Corporation Finance (Division) addressing the appropriate disclosure of cybersecurity risks and cyber incidents....more

SEC Staff Issues Guidance Regarding Cybersecurity Risks And Incidents Disclosure

The Staff of the Securities and Exchange Commission’s Division of Corporate Finance has issued guidance regarding disclosure of risks of cyber-attacks and reporting of attacks that have occurred. A reporting company that...more

The SEC Starts Talking About Cybersecurity

"Securing cyberspace is one of the most important and urgent challenges of our time." With these words in May 2011, Senator Jay Rockefeller, the Chairman of the Senate Commerce, Science and Transportation Committee, and four...more

Paris' Best Kept Secret

Launch of New Incoterms 2010 Rules by the ICC...more

In re Balas & Morales (Bankr. C.D. Cal.)

Ruling Holding DOMA Unconstitutional

Series of court filings from In re Balas & Morales, the California case in which twenty bankruptcy judges jointly signed an opinion striking down the federal Defense of Marriage Act (DOMA) as unconstitutional to the extent it...more

Business Leaders Must Address Cybersecurity Risk

Assuring cybersecurity has become a necessity for businesses across all industries. According to an FBI study in March 2009, cybercrime...more

Report on the Shareholder Communications Process with Street Name Holders, and the NOBO-OBO Mechanism - June 10, 2010

Introduction and Executive Summary The U.S. Securities and Exchange Commission (SEC) has announced that it intends to reexamine the system through which shareholders communicate with issuers and vote their shares. An...more

Corporate and Financial Weekly Digest - April 16, 2010

In this issue: *SEC/CORPORATE ..SEC Proposes Creation of Large Trader Reporting System ..Pink OTC Markets Inc. Announces Creation of OTCQBTM Marketplace *BROKER DEALER ..SEC Proposes New Measures to Protect Investors...more

In Brief - Winter 2008/2009

In This Issue LAW NOTES provide an excellent summary of a variety of interesting topics, including managing corporate reputation, business initiatives for innovators and entrepreneurs, and a look at biologics as a new...more