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Publicly-Traded Companies Government Investigations

Holland & Knight LLP

FinCEN Issues Final Rule Implementing Access and Safeguard Provisions of the CTA

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The Corporate Transparency Act (CTA) was enacted in 2021 and became effective on Jan. 1, 2024. The CTA was passed with the aim of enhancing transparency in corporate ownership, so as to combat the proliferation of anonymous...more

Miller Canfield

U.S. and China Sign Statement of Protocol on China-Based Audit Firms Inspection

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The Public Company Accounting Oversight Board (PCAOB) announced on August 26, 2022, that it has signed a Statement of Protocol (SOP) Agreement with the China Securities Regulatory Commission (CSRC) and China’s Ministry of...more

Kramer Levin Naftalis & Frankel LLP

New SEC Enforcement Division Director Signals Policy Shifts, Including Potential Emphasis on Admissions of Wrongdoing

In a recent speech at the Practising Law Institute’s annual SEC Speaks conference, Gurbir Grewal, the new director of the Division of Enforcement for the Securities and Exchange Commission (SEC or Commission), signaled...more

Barnea Jaffa Lande & Co.

Israel Securities Authority – What Constitutes Securities Fraud?

Barnea Jaffa Lande & Co. on

The Israel Securities Authority has published an updated legal staff position paper on securities fraud. In it, the ISA seeks to detail indicators which the ISA believes point to suspicions of securities fraud that justify...more

Oberheiden P.C.

Defending Against Securities Fraud Litigation Triggered by an SEC Investigation

Oberheiden P.C. on

For public and private companies in all industries, the risk of being targeted in a U.S. Securities and Exchange Commission (SEC) investigation is a very real concern. As new and innovative securities offerings continue to be...more

Robins Kaplan LLP

Financial Daily Dose 2.20.2020 | Top Story: Fed Minutes Show Central Bank Happy With Economy, Worried About Coronavirus

Robins Kaplan LLP on

Newly released minutes from the Fed’s January meeting show central bankers preoccupied with global risks, including the still-growing economic impact of the coronavirus, while still taking a wait-and-see approach to any...more

Orrick, Herrington & Sutcliffe LLP

What's New in Corporate Governance and Securities Law - October 18, 2019

Corporate Governance and Securities Law Developments - Directors Can Be Held Liable for Failure to Oversee “Mission Critical” Regulatory Compliance - On October 1, the Delaware Court of Chancery refused to dismiss a...more

Faegre Drinker Biddle & Reath LLP

SEC: Here Is When Loss Contingencies Must Be Disclosed and Reserved

When confronted with government inquiries, public companies commonly grapple with the issue of when events have escalated to the point that they are subject to disclosure obligations—or, further yet, require recognition as a...more

Cadwalader, Wickersham & Taft LLP

Federal Securities Litigation and Regulation: A Periodic Review and Predictions for the Remainder of 2019

While the past year, or even eighteen months, was short on landmark federal securities law decisions, there was significant activity on the part of private securities litigants. In 2018, plaintiffs filed 403 new federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Investigative Report on Cybersecurity Emphasizes Internal Controls

On October 16, 2018, the Securities and Exchange Commission (SEC) issued a Report of Investigation (Report) detailing an investigation by the SEC’s Enforcement Division into the internal accounting controls of nine issuers...more

Harris Beach PLLC

More Regulations Mean More Scrutiny

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The outcome of a government investigation could have serious repercussions for an organization. There are many reasons why such investigations are on the rise, whether they are prompted by a government agency or the...more

Akin Gump Strauss Hauer & Feld LLP

Investigators Continue to Scrutinize Climate Change Disclosures

Critics Claim “Intimidation” - Earlier this month, on September 14, 2016, feuding parties gathered before the House Committee on Science, Space and Technology to address the legitimacy of subpoenas sent to the New York...more

Pillsbury Winthrop Shaw Pittman LLP

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

Goodwin

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

Goodwin on

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

Akin Gump Strauss Hauer & Feld LLP

Federal Counterpart to New York’s Investigation of Climate Change Disclosures by Fossil Fuel Companies

Recently, three House Democrats urged the Department of Justice (DOJ) to launch an investigation of an alleged conspiracy by the fossil fuel industry to deceive the public on climate change in order to benefit the sale of its...more

K&L Gates LLP

Are Public Companies Required to Disclose that the Government is Investigating Them?

K&L Gates LLP on

For many public companies, the first issue they have to confront after they receive a government subpoena or Civil Investigative Demand (“CID”) is whether to disclose publicly that they are under investigation. Curiously, the...more

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