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Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

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The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more

Foster Garvey PC

Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

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Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more

Foster Garvey PC

Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

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As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021 #2

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Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #4

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Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more

Robins Kaplan LLP

When Does a Tweet Fall Afoul of Regulation FD

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On August 7, 2018, Tesla CEO Elon Musk used his personal Twitter account (@elonmusk) to propose a buyout of the company for $420 a share, stating that funding was secured....more

Womble Bond Dickinson

Be Careful What You Wish For: SEC Permits Company Disclosures Via Social Media If Regulation FD Requirements Are Met

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Last week, the Securities and Exchange Commission issued a report clarifying that companies can use social media channels, such as Facebook and Twitter, to disseminate material nonpublic company information under Regulation...more

Cohen & Gresser LLP

Lessons from Netflix on the Use of Social Media for Informal Disclosure

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On April 2, 2013 the Securities and Exchange Commission (SEC) issued a report (the Netflix Report) announcing that it would not pursue enforcement action against Netflix, Inc. and its Chief Executive Officer, Reed Hastings,...more

Pillsbury Winthrop Shaw Pittman LLP

Safe Tweeting: SEC Provides Guidance on Social Media and Regulation FD Compliance

The SEC has provided guidance to publicly reporting companies on how to use popular social networking sites, such as Facebook and Twitter, consistent with federal securities laws. On April 2, 2013, the Securities and...more

Gray Reed

Social Media For The CEO: Lessons Learned From The Netflix/SEC Tussle And Reg FD

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Yes, you can use social media to make material public disclosures. The SEC did not punish Netflix CEO Reed Hastings. The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time...more

Katten Muchin Rosenman LLP

SEC Provides Guidance Regarding Social Media and Regulation Fair Disclosure (Regulation FD)

On April 2, in connection with an investigation of Netflix, Inc. and its Chief Executive Officer, Reed Hastings, regarding a possible violation of Regulation FD, the Securities and Exchange Commission released a Report of...more

Miller Canfield

SEC Approves Communications Via Social Media

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The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication...more

Cadwalader, Wickersham & Taft LLP

A Brief Primer for Corporate Social Media Disclosures in Light of the SEC’s Recent Guidance on Regulation FD

The Securities and Exchange Commission ("Commission" or "SEC") recently stepped into the social media age with its April 2, 2013 Report of Investigation pursuant to 21(a) of the Securities Exchange Act of 1934 concerning a...more

Foley Hoag LLP

SEC Decides That Companies May Use Social Media

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The Netflix Investigation - On July 3, 2012, the CEO of Netflix, Reed Hastings, used his personal Facebook page to announce that Netflix had streamed 1 billion hours of content in the month of June. As the Securities...more

Foley & Lardner LLP

SEC's Netflix Report Confirms Ability to Use Social Media for Reg. FD Disclosures but Cites Risks

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In connection with a Facebook post by Netflix CEO Reed Hastings, the SEC issued a report of investigation on April 2, 2013 (Netflix Report) indicating that Regulation FD permits a company to announce material information...more

Bracewell LLP

From Facebook to FD: SEC Releases Guidance on Use of Social Media

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On April 2, 2013, the Division of Enforcement of the U.S. Securities and Exchange Commission released guidance on the use of social media to disseminate material, nonpublic information under Regulation FD (Fair Disclosure)....more

Troutman Pepper

Social Media Use By Public Companies – The SEC Weighs In

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The increasing presence of social media has created new avenues for companies to market to and connect with consumers, customers and investors. Many heads of industry maintain very public profiles, appearing regularly on...more

Brooks Pierce

SEC Publishes Report on Reg. FD and Social Media – Joy, Vexation Follow

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You probably remember a dustup from a few months ago when the SEC threatened to sue Netflix for violations of Regulation FD. Basically, the rule says that when a public company gives material nonpublic information to anyone,...more

Fenwick & West LLP

Corporate and Securities Alert: SEC Guidance on Using Social Media to Disclose Material Non-public Information

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On April 2, 2013, the Securities and Exchange Commission issued noteworthy guidance on the use of social media to disclose material information in compliance with Regulation FD (Fair Disclosure)....more

Baker Donelson

SEC Approves Social Media Announcements If Investors Are Alerted

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On April 2, 2013, the Securities & Exchange Commission (SEC) announced that companies may use Facebook, Twitter and other social media sites to announce key information so long as investors have been alerted about which...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Finance Alert: Tweet This! SEC Addresses Application of Regulation FD to Social Media

On April 2, 2013, the Securities and Exchange Commission (the SEC) issued a report of investigation (the Report) that makes clear public companies may use social media such as Twitter and Facebook to announce information in...more

Pillsbury - Internet & Social Media Law Blog

SEC OKs Social Media Sites for Financial Disclosures

The Securities and Exchange Commission issued a report that makes clear that companies can use social media outlets like Facebook and Twitter to announce key information in compliance with Regulation Fair Disclosure...more

Stinson - Corporate & Securities Law Blog

SEC Smiles And Frowns On Use Of Social Media Under Regulation FD

Many may remember the Netflix matter. That stemmed from an inquiry the SEC’s Division of Enforcement launched about a post that Netflix CEO Reed Hastings made on his personal Facebook page. The post stated that Netflix’s...more

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