News & Analysis as of

Government Investigations Disclosure Requirements

Eversheds Sutherland (US) LLP

EU Foreign Subsidy Regulation applies to US and multinational companies active in the EU as of July 2023, and disclosure of tax...

Beginning July 12, 2023, the European Commission (Commission) may begin “ex officio” investigations of financial contributions that companies receive from non-EU governments. The Commission may request information or conduct...more

Manatt, Phelps & Phillips, LLP

[Webinar] Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement - April 18th, 11:00...

Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an...more

Jones & Keller, P.C.

Disclosure or Non-Disclosure: Governmental Investigation of Securities-Related Activity

Jones & Keller, P.C. on

Federal and state regulators are increasingly pursuing enforcement actions against companies and individuals that engage in activities related to securities. In 2021, the U.S Securities and Exchange Commission (SEC) reported...more

Goodwin

Newly Appointed Federal Watchdogs Warn they are Focused on Private Funds

Goodwin on

Private funds can draw lessons about how to prioritize their compliance efforts and practices in response to a series of warnings by newly-appointed federal regulators of increased scrutiny, regulation, and enforcement...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

Miller Canfield

Securities Regulators Issue Guidance to Financial Advisors and Firms on Disclosures, Investigations and Enforcement Actions During...

Miller Canfield on

On May 5, 2020, the U.S. Securities and Exchange Commission (“SEC”) issued broad modified guidance on its regulation and enforcement of the markets during the coronavirus (COVID-19) pandemic. The Financial Industry Regulatory...more

Perkins Coie

Law Firms Take Note: Recent DOJ Advisory Opinions Highlight Narrow Scope of the FARA Legal Exemption

Perkins Coie on

In the wake of a global law firm entering into a multimillion-dollar settlement for failing to register as an agent of a foreign principal under the Foreign Agents Registration Act (FARA or the act), other law firms have...more

Perkins Coie

US Department of Education Scrutinizes Foreign Investment Into Higher Education

Perkins Coie on

The U.S. Department of Education (DOE) recently launched investigations into at least a half dozen top research institutions for failing to disclose foreign-sourced gifts or contracts. Under section 117 of the Higher...more

Polsinelli

Top Three FARA Exemptions to Know

Polsinelli on

With the Department of Justice (“DOJ”) giving increased attention to Foreign Agent Registration Act (“FARA”) enforcement, companies that have international business operations or otherwise deal with foreign governments and...more

Polsinelli

New Federal Rule of Criminal Procedure 16.1 Aims to Assist Practitioners in Disclosure and Discovery of Electronically Stored...

Polsinelli on

On December 1, 2019, Federal Rule of Criminal Procedure 16.1 (Rule 16.1 or the “Rule”) went into effect. With a focus on defense counsel’s ability to adequately prepare for trial, the Rule functions as a response to concerns...more

Sheppard Mullin Richter & Hampton LLP

Regulatory Moves Show Financial Watchdogs Working Smarter, if Not Harder

To gain insight into where the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) have been focusing their oversight and what their priorities will be in 2020, look no further than...more

Kramer Levin Naftalis & Frankel LLP

SEC-Mylan Settlement: The SEC Filed Suit Regarding Investigation Disclosure

On Sept. 27, 2019, the Securities and Exchange Commission (SEC) announced that Mylan N.V., a global pharma company that manufactures and sells EpiPen, which is used to treat serious allergic reactions, agreed to pay $30...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

Robins Kaplan LLP

Financial Daily Dose 7.17.2019 | Top Story: EU Antitrust Regulators Probing Amazon Third-Party Seller Data Collection

Robins Kaplan LLP on

EU regulators announced today that they’ve been conducting an investigation into Amazon and “how it collects and uses data from third-party sellers who appear on the retailing giant’s website” with an eye to potential...more

Maynard Nexsen

Cooperation Credit in False Claims Act Defense and the Potential Impact of Reimbursement Analysis and Compliance

Maynard Nexsen on

While white collar and healthcare counsel have long known that one of the best strategies to reducing risk in defending a False Claims Act (FCA) case is cooperation and execution of compliance actions, the Department of...more

A&O Shearman

SEC Awards $3 Million To Two Whistleblowers Who First Made Internal Reports, Even Though Reporting To SEC Was Not "Voluntary"

A&O Shearman on

On June 3, 2019, the U.S. Securities and Exchange Commission (“SEC”) announced a joint award of $3 million to two whistleblowers who the SEC stated provided information that led to a successful enforcement action aimed at...more

Bass, Berry & Sims PLC

DOJ Trumpets “First-Ever” Criminal Indictment for Failure to Report Product Safety Issues

Bass, Berry & Sims PLC on

On March 29, 2019, the U.S. Department of Justice (DOJ) announced it had initiated the first-ever criminal prosecution of individual business executives for alleged failure to timely disclose product safety issues to federal...more

Patterson Belknap Webb & Tyler LLP

SEC Reportedly Wants To Know What Took Yahoo! So Long To Disclose Massive Data Breaches

The U.S. Securities and Exchange Commission is reportedly looking into whether two data breaches at Yahoo!, Inc. should have been disclosed earlier.  In a front page article today, the Wall Street Journal reported that...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

Proskauer - Corporate Defense and Disputes

SEC Sues Company and its GC/CCO for Failure to Disclose and Accrue Charge for a Pending DOJ Investigation

On September 9, 2016, the SEC filed a complaint against RPM International Inc. (“RPM”) and the company’s General Counsel/CCO. The SEC claims the company filed false and misleading SEC filings that failed to disclose any loss...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume V—The Land Mines...

M&A transactions, like most transactions in life, involve a cost/benefit analysis. Some cost/benefit analyses are relatively easy to perform. For example, if I buy an energy efficient appliance, I can calculate the likely...more

CMCP - California Minority Counsel Program

Controversy on Controversy: Developments in First Amendment Doctrine Respecting Compelled Commercial Disclosures

The First Amendment is well known as a limit on state power to restrain speech. Attempts to censor a newspaper, film, or video game, or to limit discussion in a public forum, are subject to the most exacting — and often...more

Allen Matkins

Bill Aims To Put The Kibosh On Alleged Hedge Fund Stock Price Manipulation

Allen Matkins on

The California Corporate Securities Law has long declared a number of manipulative devices to be unlawful.  See Cal. Corp. Code § 25400.  Now, a California legislator wants to add to the list.  As amended last week, SB 726...more

Morrison & Foerster LLP

In re Lions Gate Entertainment Securities Litigation: Court Rejects Securities Claims Based on Company’s Decision Not to Disclose...

In a January 22, 2016 decision, a federal court in New York dismissed federal securities law claims against Lions Gate Entertainment and several of its senior executives based on the company’s decision not to disclose that it...more

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