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Shearman & Sterling LLP

Supreme Court Unanimously Holds Item 303 Violation, Standing Alone, Cannot Support A “Pure Omission” Claim Under Section 10(b) Of...

On April 12, 2024, the United States Supreme Court unanimously reversed a decision of the United States Court of Appeals for the Second Circuit which held that Section 10(b) of the Securities Exchange Act of 1934 permitted a...more

Thomas Fox - Compliance Evangelist

Uncovering Hidden Risks: Ep 12 - Cloud Security Posture Management: Top Risks and Best Practice Solutions

Drew Nicholas, Microsoft Principal Security Global Black Belt, joins Erica Toelle and guest host Daniela Villarreal, Sr. Product Marketing Manager for Microsoft Defender for Cloud, on this week’s episode of Uncovering Hidden...more

Cooley LLP

Chamber seeks to intervene in environmental group challenges to SEC climate disclosure rules

Cooley LLP on

As you probably remember, the SEC’s climate disclosure rules were challenged not only by those contending that the rules went too far and that the SEC had no authority—think, for example, Liberty Energy, the State of Iowa and...more

Vedder Price

SEC Staff Risk Alert Focuses on Preparations for T+1 Settlement

Vedder Price on

On March 27, 2024, the staff of the SEC’s Division of Examinations issued a risk alert highlighting its intent to focus, during examinations and outreach on market participants’ preparations for the shortening of the standard...more

Vedder Price

SEC Settles Charges Against Advisers for Alleged False and Misleading Statements About Their Use of Artificial Intelligence

Vedder Price on

On March 18, 2024, the SEC announced that it had settled charges against two investment advisers for allegedly making false and misleading statements about their use of artificial intelligence (AI) in providing advisory...more

Katten Muchin Rosenman LLP

Supreme Court Rejects 'Pure Omissions” Liability Under Rule 10b-5

On April 12, a unanimous Supreme Court held that issuers are not liable under Rule 10b-5(b) for “pure omissions.” The Court’s decision ends a long-standing circuit split and, most importantly for public companies, narrows the...more

Shearman & Sterling LLP

SEC v. Panuwat – Northern District Of California Jury Endorses SEC’s “Shadow Trading” Theory

On April 5, 2024, a jury in the Northern District of California found that Matthew Panuwat had misappropriated his employer’s confidential information and committed insider trading. The closely followed case represented the...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The SEC Wins First Insider Trading Case Based on So-Called “Shadow Trading” Theory

On April 5, 2024, a federal jury in SEC v. Panuwat (N.D. Cal.) agreed with the SEC that a corporate official engaged in insider trading when he purchased securities of a company based on material nonpublic information...more

Vinson & Elkins LLP

Out from the Shadows: The SEC Succeeds on Shadow Insider Trading Theory

Vinson & Elkins LLP on

The Securities and Exchange Commission obtained a victory in a closely-watched trial when a jury found Matthew Panuwat liable for insider trading based on a “shadow trading” theory. The jury’s verdict, as well as increased...more

Vedder Price

SEC Adopts Rules to Enhance and Standardize Climate-Related Disclosures

Vedder Price on

On March 6, 2024, the SEC voted 3-2 to adopt final rules requiring public companies, excluding investment companies but not excluding business development companies, to disclose climate-related information in their...more

Epstein Becker & Green

Supreme Court Underscores Limited Applicability of Rule 10b-5(b) Omissions Claims

Epstein Becker & Green on

In Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, 601 U.S. ___ (April 12, 2024), the United States Supreme Court held that “pure omissions are not actionable” for securities fraud asserted specifically...more

Paul Hastings LLP

Supreme Court Rules Pure Omissions Not Actionable under Rule 10b-5

Paul Hastings LLP on

On April 12, 2024, the U.S. Supreme Court issued its decision in Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, 601 U.S. __ (Apr. 12, 2024), in which the Court held that pure omissions are not actionable...more

Thomas Fox - Compliance Evangelist

Compliance into The Weeds: Do We Need More Centralized Compliance?

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting...more

Thomas Fox - Compliance Evangelist

Innovation in Compliance: Staci Wright on Compassionate Workplace Solutions – The Heart Profit Movement

Innovation comes in many forms, and compliance professionals need to not only be ready for it but also embrace it. Today, I visited Staci Wright, a leader in the heart-profit movement. Staci Wright is a seasoned...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: April 16, 2024 – The Workplace Retaliation Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: Compensation Incentives and Clawbacks

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned...more

Buckingham, Doolittle & Burroughs, LLC

The Corporate Transparency Act - Are you in Compliance?

As you might be aware, Federal legislation known as the “Corporate Transparency Act” (the “Act”) went into effect as of the beginning of this year. The Act requires many businesses in the U.S. to report certain information,...more

Mayer Brown

Securities and Exchange Commission Brings First Enforcement Actions Over “AI-Washing”

Mayer Brown on

On March 18, 2024 the US Securities and Exchange Commission (“SEC” or the “Commission”) announced that it had settled charges in separate actions against two investment advisers, Delphia (USA) Inc. (“Delphia”) and Global...more

White & Case LLP

Italy – New Measures to enhance Italian debt capital markets

White & Case LLP on

The Italian legislators and CONSOB enacted new measures, as part of a general attempt to modernize the market infrastructure. The new rules relate to, inter alia, the following: The issuance of unlisted debt...more

Snell & Wilmer

SEC Pauses Climate Change Disclosure Rules

Snell & Wilmer on

The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing Stay) This move,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SEC, Federal Regulators Target Employees’ Use of Text Messages, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) and other financial regulators are targeting regulated entities over their employees’ use of personal messaging apps and other off-channel electronic communication platforms,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds Item 303 Omissions Are Not Actionable Under Section 10(b) of Exchange Act

On April 12, 2024, the Supreme Court unanimously reversed and vacated the Second Circuit’s decision in Macquarie Infrastructure Corporation v. Moab Partners, L.P. Justice Sonia Sotomayor delivered the opinion for the Court....more

Jones & Keller, P.C.

Crypto and Securities Law: Lessons from SEC v. Coinbase

Jones & Keller, P.C. on

...A recent decision in an SEC enforcement action against Coinbase, the largest crypto-asset trading platform in the U.S., provides some long-awaited guidance on a topic that has been the subject of considerable debate in the...more

WilmerHale

Supreme Court Limits Scope of Omission Liability Under Section 10(b)

WilmerHale on

On April 12, 2024, the U.S. Supreme Court took a significant step to curb securities fraud suits based on alleged omissions in SEC filings. The Supreme Court held in Macquarie Infrastructure Corporation v. Moab Partners, L.P....more

Stark & Stark

$6.5 Million Texting Penalty: Investment Adviser Charged by SEC for Recordkeeping Failures

Stark & Stark on

On April 3, 2024, the Securities and Exchange Commission announced charges against a registered investment adviser for recordkeeping failures regarding personal device communications and pre-clearance of securities...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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