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Macquarie Infrastructure v. Moab: Pure Omissions Not Securities Fraud Under Rule 10b-5(b)

On April 12, 2024, the Supreme Court in Macquarie Infrastructure Corp. v. Moab Partners, L.P., unanimously held that pure omissions cannot form the basis of a securities fraud claim under Rule 10b-5(b) of the Securities...more

Green Regs and Litigation: The SEC's New Climate Disclosure Rule Under Scrutiny

On March 6, 2024, as the hottest winter ever in the lower forty-eight came to a close, the U.S. Securities and Exchange Commission (“SEC”) issued its long-awaited final rule requiring public companies to disclose some of...more

Increase in Securities Litigation and Regulatory Scrutiny Concerning Artificial Intelligence

Several recent lawsuits, and comments by the U.S. Securities and Exchange Commission (“SEC”) and Federal Trade Commission (“FTC”), underscore the increasing litigation and regulatory scrutiny concerning the use of artificial...more

Markets Promptly See Effect of New SEC Cybersecurity Disclosure Rules

On December 18, 2023, prior to the trading session, VF Corp. (NYSE:VFC) issued a press release disclosing that the company was investigating unauthorized activity on its computer systems – and that the intrusion had encrypted...more

SEC Asks Companies to Disclose Information on Crypto Exposure

On Thursday, December 8, 2022, the Securities and Exchange Commission (“SEC”) published a notice to its website informing companies of their potential disclosure obligations regarding their crypto assets....more

SEC Proposes New Rule on Climate Related Disclosures

Recently, the Securities and Exchange Commission (“SEC”) proposed a new rule concerning the disclosure of “certain climate-related information in their registration statements and annual reports” as well as “certain...more

SEC Signals Renewed Interest in Cybersecurity Disclosure Enforcement

The SEC is ramping up its cybersecurity disclosure enforcement.  While the agency had made significant efforts relating to cybersecurity disclosure previously, there has been surprisingly little SEC activity in this area...more

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