Disclosure

News & Analysis as of

English court compels investigators to disclose information on data protection grounds

The High Court has ruled that a company conducting an investigation may be compelled to give effect to requests for information made under data protection legislation. The case serves as a stark reminder that data protection...more

Blog: Technology And Construction Court Considers The Meaning Of “Deliberate … Non-Disclosure” In An Insurance Policy Exclusion...

In Mutual Energy Ltd v Starr Underwriting Agents Ltd & Anor [2016] EWHC 590 (TCC), the Technology and Construction Court has held that the words “deliberate … non-disclosure” must involve dishonesty. A company’s honest but...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

Securities Class Action Filings 2015: More Cases, Small Issuers

A new report on securities class actions records an increase in the number of filings in 2015. Most of those actions were brought against smaller issuers, according to the report. PWC, Small Companies, Big Targets – 2015...more

Google and Oracle Agree to Ban Internet Research on Jurors … this Time Around

In a March 25, 2016 Order, Judge William Alsup of the Northern District of California gave Google and Oracle the choice between agreeing to a ban on conducting Internet and social media research on jurors until the trial is...more

ESMA Consults on Guidelines on Disclosure of Information on Commodity Derivatives Markets or Related Spot Markets under MAR

On March 30, the European Securities and Markets Authority (“ESMA”) opened a public consultation on draft guidelines under the Market Abuse Regulation (“MAR”). ESMA is consulting on its proposed non-exhaustive indicative list...more

UK Financial Regulatory Developments - April 2016 #2

PRA consults on regulated fees and levies proposals - PRA is consulting on proposals for its fees and levies for 2016/17. The paper sets out proposals for... - the fee rates to meet PRA’s 2016/17 Annual Funding...more

Simply The Best (Method) For Australian Patents

A recent decision in relation to the best method requirement finds generic disclosures inadequate and demonstrates the difficulties that underlie identifying the best method of performing an invention. The requirement...more

Franchising Update

While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

FTC Enforcement Action Highlights Advertising Risks for Retailers

The Federal Trade Commission (FTC) has announced an enforcement action against Lord & Taylor, a retail department store, for allegedly deceiving consumers by not disclosing paid endorsements and promotions during a social...more

European Commission Adopts Delegated Regulation on Presentation of Investment Recommendations and Disclosure of Conflict of...

The European Commission has adopted a Delegated Regulation supplementing the Market Abuse Regulation (“MAR“) with regard to regulatory technical standards for the technical arrangements for the objective presentation of...more

Eleventh Circuit Interprets Rule 10b-5(b)

On March 1, 2016, the Eleventh Circuit Court of Appeals affirmed the Southern District of Florida in Fried v. Stiefel Labs., Inc., No. 14-14790, 2016 WL 787986 (11th Cir. Mar. 1, 2016), holding that the District Court had...more

Supreme Court Holds That ERISA Preempts State Health Care Services Disclosure Law

Preemption is not a foreign concept when dealing with the Employment Retirement Income Security Act of 1974 (ERISA). Preemption arguments frequently and increasingly arise, for example, in the context of claims by health care...more

Yahoo refuses to comply with bankruptcy judge’s order to turn over email account

Yahoo is objecting to a Delaware bankruptcy’s order to provide access to one of its email accounts arguing that its compliance would violate the Stored Communications Act. At issue is a Yahoo email account purported to be...more

Full Disclosure: An Overview of Global Supply Chain Regulations

You may have read our recent client alert on the UK Modern Slavery Act and Global Supply Chain Transparency, where we highlighted the extraterritorial safeguards against human trafficking and slavery as well as the...more

Developer Facing 230-Year Sentence Illustrates Necessity of Full and Accurate Disclosure

Demonstrating the importance of full and accurate disclosure, a Chicago commercial real estate developer faces a maximum sentence of 230 years in prison for misrepresenting his company’s finances. After a two-week trial, on...more

Seattle RoundUp: What we learned at the latest Compliance Tech Talk - Key insights and takeaways from lunch with a group of...

We kicked off the 2016 Compliance Tech Talk series with a bang, thanks to all the compliance professionals who attended our roundtable lunch in Seattle! The room was packed, the conversations were buzzing and compliance...more

Continuing Disclosure Information Reporting Deadline Draws Near

Municipalities, school districts, and other public entities that borrow money – whether through public offerings of bonds or private bank loans – generally are required to provide updated financial and operational information...more

Court Of Chancery Calculates Mootness Benefit In Post-Trulia Decision

This is an interesting decision for two reasons. First, the decision awards a mootness fee for disclosures and changes to deal protection measures in a merger gone bust. Thus, the opinion is useful precedent in the...more

Case Permits Possible Disclosure of Student Records by California Department of Education

School Districts Should Notify Parents About April 1 Opt-Out Deadline - A federal judge has ordered the California Department of Education to release information about students who are attending, or who have attended,...more

The E-Discovery Digest - February 2016

This is the third edition of The E-Discovery Digest, a periodic publication on notable decisions relating to key discovery topics. It is designed to keep clients up to date on the evolving state of the law regarding discovery...more

Energy Sector Alert Series: Climate Change Disclosures in 2016

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

BNY Mellon Issues 2015 Report on Global Trends in Investor Relations

On February 9, 2016, BNY Mellon released its 2015 Global Trends in Investor Relations: A Survey Analysis of IR Practices Worldwide. The report summarizes survey responses of 550 companies from 54 different countries to...more

Chancery Court Continues to Close the Door on Disclosure-Only Settlements and Fees (But Opens a Window for “Mootness Dismissals”)

As previously discussed here, in 2015, the Delaware Court of Chancery issued a number of decisions calling for enhanced scrutiny of “disclosure-only” M&A settlements that involve no monetary benefits to a shareholder class. ...more

Eight District Attorneys in Oklahoma sued for wrongfully disclosing personal information in court filings

Generally, court filings are public records unless sealed from public access by a judge. Vast amounts of personal information contained in public records can be, and are, accessed by criminals in order to obtain personal...more

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