Public Disclosure

News & Analysis as of

White Collar & Investigations: Hastert Receives 15 Month Sentence in Federal Structuring Case

In June of last year former Speaker of the United States House of Representatives Dennis Hastert was indicted for structuring and false statements to the FBI in an investigation that focused on more than $900,000 in cash...more

State disclosure laws suffer a setback - Federal court grants charitable nonprofit's request for permanent injunction blocking...

Late last week, the US District Court for the Central District of California struck a blow against the California Attorney General's Office and other supporters of the state's ongoing efforts to expand the public disclosure...more

Two Additional HIPAA Settlements Demonstrate Breadth of HIPAA Enforcement Activity

During the week of April 18, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced two significant settlements with a large New York City hospital and a North Carolina orthopaedic...more

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

EU Regulation and Template on Public Disclosure of Managers Transactions

A Commission Delegated Regulation and Commission Implementing Regulation supplementing the Market Abuse Regulation were published in the Official Journal of the European Union. The Delegated Regulation extends the exemption...more

CAS Legal Mailbag Question of the Week – April 2016

Dear Legal Mailbag: I have been around the block, but yesterday a parent made a demand that is a new one for me. I had met with the parent to review the results of our bullying investigation about her son’s behavior...more

7th Circ. May Be Willing To End FCA Circuit Split

The False Claims Act’s “public disclosure bar” calls for dismissal of complaints by qui tam plaintiffs (or “relators”) whose allegations have already been publicly disclosed. The primary aim of the bar is preventing parasitic...more

GMO Labeling Debates Forge On After Close Senate Vote

The GMO war rages on after a close vote in the Senate last week addressing proposed voluntary, national standards for GMO labeling. A 48-49 split means the Senate failed to invoke cloture to bring the Biotechnology Labeling...more

NASDAQ Resubmits Proposed Rule on Golden Leash Arrangements

On March 15, 2016, the NASDAQ Stock Market LLC resubmitted its proposed rule requiring NASDAQ-listed companies to publicly disclose third-party compensation arrangements for board members and board nominees, commonly referred...more

PTAB Institutes Kyle Bass IPR Against Pharmaceutical Patent Based On SEC Document

Kyle Bass has filed numerous prior IPR petitions against pharmaceutical patents, some of which have been denied due to use of prior art references that were not sufficiently proven to be “publicly accessible” (see “Clinical...more

Do You Have to Disclose a Government Investigation? Practical Considerations, Legal Standards, and Recent Case Law

After receiving an inquiry from a government agency, such as a subpoena, a Civil Investigative Demand (“CID”), or an informal request for information, public companies ask whether they must disclose publicly that they may be...more

Verizon Settles Supercookie Probe with FCC

Verizon Wireless has reached a settlement with the Federal Communications Commission over Verizon’s insertion of unique identifier headers (“UIDH”), also known as “supercookies,” to track customers’ mobile Internet traffic...more

Third Circuit Ruling Reflects the Narrowed Scope of the Public Disclosure Bar under the Affordable Care Act

The public disclosure bar is a statutorily created hurdle that plaintiffs must cross to successfully maintain a False Claims Act suit. The principle was originally enacted to prevent individuals from filing “parasitic” False...more

Is the Government the Public? Seventh Circuit Suggests Willingness to End FCA Circuit Split by Joining Sister Circuits in Saying...

Courts generally agree in False Claims Act cases that the government alone does not count as “the public” for purposes of the Act’s public disclosure bar. The current bar calls for dismissal of complaints whose allegations...more

The Fundamentals of Social Media Communication Compliance

Communication via social media is now standard practice, to some extent, at almost all public companies. What once seemed limited to technology and other “forward-thinking” companies has now made its way into the even the...more

Senate Bill in Georgia Seeks to Expand Scope of Trade Secret Protection

On February 2, 2016, Georgia State Senator Hunter Hill introduced Senate Bill 321 in the Georgia Senate. The bill is entitled “Commerce and Trade; state government; protections against public disclosure of certain...more

Task Force to Develop Climate-Related Financial Disclosure Standards

Government regulators, financial industry standards agencies, nongovernment organizations and activist investor groups are advocating enhanced disclosure of the potential effects of business activity on the environment, or...more

If Uncle Sam Knows, Doesn’t Everyone? Seventh Circuit Affirms Dismissal Under Public Disclosure Bar, But Opens Door for...

On Feb. 29, the Seventh Circuit affirmed the dismissal of a False Claims Act (FCA) suit, holding the relator, Cause of Action, failed to establish subject matter jurisdiction given the FCA’s public disclosure bar (Cause of...more

Considering Stewardship and Corporate Governance in the UK

A recent announcement regarding the UK’s Stewardship Code serves as a reminder of the current similarities and differences between the US and UK corporate governance schemes, as well as their ongoing convergence. By way...more

SEC Continues to Focus on Cyber-related Disclosures

Participating in a panel at the “SEC Speaks” event on February 19, Deputy Director of the SEC’s Enforcement Division Stephanie Avakian expressed that the Commission continues to focus on cybersecurity as a top priority in...more

AGG Food and Drug Newsletter - February 2016

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Informing Illinois Newsletter - February 2016: Personal Documents Stored on a Government Computer System — Disclosable Under...

Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA? Not all documents created or stored on a government computer system are subject to disclosure under Illinois' Freedom of...more

Improving Disclosure for Public Life Science Companies

In recent years, the Life Sciences sector has been one of the hottest sectors for initial public offerings. With the growing market for life science companies has come increased scrutiny of their public disclosure. ...more

ClientEarth loses court challenge and is denied access to documents on EU environment policy

The EU General Court recently issued a judgment finding that the Commission was justified in refusing to grant ClientEarth access to documents. The importance of this case is that it again shows there are clear limits to the...more

A Relator by Any Other Name Not as Sweet: The Fourth Circuit Affirms Dismissal of FCA Suit Based on Facts Learned by Relator’s...

The Fourth Circuit recently held that a relator is prohibited from pursuing a False Claims Act (FCA) claim based on facts learned by relator’s counsel in a previous FCA suit. In United States ex rel. May v. Purdue Pharma...more

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