Public Disclosure

News & Analysis as of

MOFCOM Strengthens Merger Control Law Enforcement

On March 20, 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a press release announcing that, as of May 1, 2014, MOFCOM will make public on its website all decisions resulting in a finding...more

Governance & Securities Law Focus: Europe Edition, April 2014

In this issue: - EU Developments - German Developments - UK Developments - Us Developments - Excerpt from EU Developments - European Commission Proposes to Introduce Shareholder "Say...more

MOFCOM Shows Teeth Against Gun Jumping

On 20 March 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a notice announcing that it will make public decisions sanctioning companies failing to notify mergers that meet the filing...more

Distributing Earnings Call Information to the Public Is Fair Use

In Swatch Group Management Services Ltd. v. Bloomberg L.P., the Second Circuit Court of Appeals ruled that the unauthorized distribution of a recording and transcript of a company’s earnings call was allowed as copyright fair...more

"The JOBS Act: The Resurgent IPO Market and What We Learned in Year Two"

Almost two years have passed since the Jumpstart Our Business Startups Act (the JOBS Act) was signed into law to ease regulatory burdens on smaller companies and facilitate public and private capital formation. The provisions...more

Cybersecurity and the duty of care: a top 10 checklist for board members

Visibility on information security, including cybersecurity as well as physical security aspects, is increasingly permeating corporate life. The relatively new SEC requirements for public disclosure of cybersecurity...more

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

Court Rules Private Fund Data Is Not A Public Record

Private equity and venture capital funds like public pension fund money but they don’t necessarily like the consequences of having the government as an investor. As noted in this post, this was illustrated by Superior Court...more

Public Interest Disclosure Scheme: Government Agencies: Is Your Agency Prepared For The New Public Interest Disclosure Act?

The Public Interest Disclosure Act 2013 (Cth) (Act), which establishes a new public interest disclosure scheme for the Commonwealth public sector, comes into force on 15 January 2014. By then, Commonwealth agencies...more

Texas Public Information Act: Uniform Trade Secret Act Broadens the Scope of Protection

The 83rd Texas Legislature recently enacted Senate Bill 953 and created the Texas Uniform Trade Secrets Act ("TUTSA") in Chapter 134A of the Texas Civil Practice and Remedies Code. For companies wishing to defend their...more

Q&A: When to Publicly Announce New Business Idea or Product

When is the right time to publicly announce a new business idea or product? It’s easy to get carried away with the excitement of a new business or product launch, but without careful planning, a public announcement may hinder...more

California Federal Court Dismisses FCA Case Pursuant to Public Disclosure Bar

In United States and State of California ex rel. Fryberger et al. v. Kiewit Pacific Company, et al., No. 12-CV-02698, 2013 WL 5770514 (October 24, 2013), a California federal court in the Northern District of California ...more

The Short Field Guide To IPOs

The emerging growth Company - The JOBS Act created a new class of issuer: the emerging growth company (EGC). An EGC is defined as an issuer with total annual gross revenue of less than $1 billion during the most recent...more

Redaction Redux — Be a Do-Bee, Not a Don’t-Bee

Despite many well-publicized gaffes in legal, political and business arenas, many folks do not properly electronically redact sensitive information before letting a document loose into the wild. Supposedly blacked-out or...more

Class 6: How to Avoid Losing Patent Rights

In This Presentation: •Today’s Main Topic: – How to Avoid Losing Patent Rights •May Cover: – What is Intellectual Property (Class 1 Redux)? – Making Use of Trade Secrets (Catch-up from...more

OECD Summarizes Transfer Pricing Documentation Questions Ahead of November Consultation

The Organisation for Economic Co-operation and Development (OECD) has issued a memorandum in connection with the planned overhaul of transfer pricing documentation rules under its action plan to address base erosion and...more

The Guide to Social Media and the Securities Laws

REGULATION FD - Beginning in 1999 and continuing into 2000, media reports about selective disclosure of material nonpublic information by issuers raised concerns that select market professionals who were privy to this...more

Form 10s as Alternatives to Traditional IPOs – Interview with Bill Hicks, Member, Mintz Levin [Video]

Attorney Bill Hicks, Member of Mintz Levin's Corporate & Securities Practices, discusses the advantages of going public via a Form 10....more

Bill Ackman’s Resignation from J.C. Penney Board Serves as Reminder of Challenges for Both Activists and the Boards They Sit On

In the March issue of Unsolicited Views, we published an article entitled “Practical Tips on Board Confidentiality.” In that article, we warned that “the increasing number of board members selected by activists and other...more

Your Obituary: How Much Money You Left Your Favorite Niece

Do you want to be remembered for your accomplishments or for how much money you left your favorite niece?...more

Survey Says: Fortune 500 Disclosing Cyber Risks

Ever since our 2013 prediction, an ever increasing number of public companies are adding disclosure related to cybersecurity and data breach risks to their public filings. We previously analyzed how the nation’s largest...more

Texas Public Information Act: Shielding Your Company from the Open Records Sword

The Texas Public Information Act (the "Act" or "PIA") permits public access to government records and encourages open government through transparency. However, astute and enterprising companies and consultants have realized...more

False Claims Act Focus - July 2013

EDITOR’S NOTE - The second quarter of 2013 has, not surprisingly, seen a continuation of significant enforcement action under the False Claims Act (“FCA”) across various industries, including the financial services...more

Asiana’s Crisis Response: Actions Don’t Speak For Themselves

Asiana’s public response to Saturday’s crash in San Francisco is raising more than a few eyebrows....more

First Circuit Affirms District Court’s Discretion to Limit the Scope of Discovery in False Claims Act Case

Last month, the United States Court of Appeals for the First Circuit in United States ex rel. Duxbury v. Ortho Biotech Products, L.P., No. 12-2141, 2013 WL 2501930 (1st Cir. June 12, 2013) (“Duxbury II”) affirmed the district...more

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