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Sarbanes-Oxley Private Right of Action

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

White & Case LLP

SEC: The watchdog bares its teeth

White & Case LLP on

The Securities and Exchange Commission (SEC) has followed through on its much publicized intention of more aggressive enforcement. For instance, in June, the regulator brought an accounting fraud action that included a...more

Mintz - ML Strategies

Understanding the American Data Privacy and Protection Act

Mintz - ML Strategies on

On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more

A&O Shearman

Second Circuit Holds Sarbanes-Oxley’s Five-Year Statute of Repose Applies to Claims Under Sections 9(f) and 18(a), but Re-Affirms...

A&O Shearman on

Twenty-five years ago, in Ceres Partners, the Second Circuit held that the implied private right of action under Section 14 of the Securities and Exchange Act of 1934 (“Exchange Act”) was subject to a three-year repose...more

Carlton Fields

Circuits Split on Scope of Dodd-Frank Whistleblower Protection

Carlton Fields on

The so-called “whistleblower-protection” provision of the Dodd-Frank Act created a private right of action for a “whistleblower” who is subjected to retaliation by his or her employer. The statute elsewhere defines...more

Carlton Fields

Gatekeeper Liability of Inside Asset Management Attorneys "Appearing" Before the SEC

Carlton Fields on

This article addresses the liability of inside attorneys at asset management companies— mutual fund sponsors, investment advisers, broker-dealers, life insurance companies—as gatekeepers under rules of the US Securities and...more

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