The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more
On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who...more
In a broadside to in-house agency adjudications, the U.S. Supreme Court affirmed the constitutional right to a jury trial for defendants in Securities and Exchange Commission (SEC) enforcement proceedings seeking civil...more
7/3/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment
On June 24, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (Corp Fin) added to its Compliance and Disclosure Interpretations (C&DI) related to disclosure of Material Cybersecurity...more
Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews. On June...more
On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data...more
What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more
Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more
8/2/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
In today's interconnected world, the realms of Environmental, Social, and Governance (ESG) and political law have become inextricably entwined, shaping the landscape of responsible business practices and governmental...more
In speeches at this year’s annual American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite outlined the latest revisions to the...more
At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more
3/1/2023
/ Bring Your Own Device (BYOD) ,
Clawbacks ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OIG ,
Self-Disclosure Requirements
Last Tuesday, the Department of Justice (DOJ) announced the most recent modifications to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) in an effort to further encourage companies to...more
On November 15, 2022 the U.S. Securities and Exchange Commission (SEC) released its Dodd-Frank Whistleblower Program fiscal year (FY) 2022 Annual Report to Congress. The same day, the SEC reported on the Enforcement...more
In this year's Annual Review of the FCPA, we will cover:
- 2021 and year-to-date 2022 re-cap of new developments;
- Biden Administration focus and predictions on FCPA; and
- A review of compliance best practices from a...more
What: On June 22, 2022, the Securities and Exchange Commission (SEC) settled charges against The Brink's Company (Brinks) for requiring employees to sign confidentiality agreements that prohibited disclosure of any financial...more
On the second episode of this series, Kevin Muhlendorf and Holly Wilson provide updates from the first quarter of 2022. The pair covers the SEC’s recent aggressive approach to Environmental, Social, and Governance (ESG)...more
As we expected to see in 2022, the U.S. Securities and Exchange Commission (SEC) is continuing an aggressive push in policing Environmental, Social, and Governance (ESG) related matters. In just the first few months of this...more
What: Publicly traded companies may soon be subject to additional cybersecurity reporting requirements. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize...more
In this episode, Wiley’s Kevin Muhlendorf and Holly Wilson discuss what 2022 will bring for Climate and Environmental, Social, and Governance (ESG) issues at the SEC, including expected activities by the SEC’s ESG Task Force...more
In March 2021, the U.S. Securities and Exchange Commission (SEC) created a Climate and Environmental, Social, and Governance (ESG) Task Force (ESG Task Force) within the Division of Enforcement, the purpose of which is to...more
1/7/2022
/ Climate Action Plan ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Fraud ,
Greenwashing ,
Investment Adviser ,
Investment Funds ,
Investors ,
Misleading Impressions ,
Notice of Proposed Rulemaking (NOPR) ,
Proxy Voting ,
Securities and Exchange Commission (SEC) ,
Sustainability
What: On November 16, 2021, the Cybersecurity and Infrastructure Security Agency (CISA) released Federal Government Cybersecurity Incident and Vulnerability Playbooks as part of the Biden Administration’s efforts to improve...more
11/18/2021
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Popular ,
Private Sector ,
Technology Sector
On October 28, 2021, Deputy Attorney General (DAG) Lisa Monaco announced sweeping policy changes to the U.S. Department of Justice’s (DOJ) corporate enforcement at the ABA’s 36th National Institute on White Collar Crime. DAG...more
In September, the U.S. District Court for the Southern District of New York unsealed an indictment charging Afework Bereket, a former account manager with a large telecom company, with conspiracy to violate the Foreign...more
10/11/2021
/ 5G Network ,
Bribery ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
Telecommunications ,
White Collar Crimes
The U.S. Department of Justice (DOJ) has signaled it is pursuing Foreign Corrupt Practices Act (FCPA) violations more aggressively in 2021. On June 2, 2021, at the American Conference Institute’s Foreign Corrupt Practices Act...more