News & Analysis as of

Litigation Strategies Securities and Exchange Commission (SEC)

Stark & Stark

[Webinar] Examination Evolution: A Fresh Look at SEC Exam Trends and Insights - April 23rd, 12:00 pm - 1:00 pm ET

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Investment Advisers: Elevate your expertise! Join our exclusive April webinars and earn 1 CFP or IAR CE credit per course....more

Perkins Coie

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

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The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more

Frost Brown Todd

Sick of ALJs? The New Right to Federal Court During Agency Prosecutions

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Practitioners and scholars all agree that last summer, the U.S. Supreme Court overhauled the administrative state. And no, not simply by overturning Chevron, which was undoubtably the most significant decision of the Supreme...more

Cooley LLP

In Chamber of Commerce v. CARB, Federal District Court dismisses two claims challenging California’s climate disclosure laws

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As we’ve pointed out before, given the prevailing views on climate disclosure among folks in the new Administration, including the nominee for SEC Chair—and all that portends for the SEC’s climate disclosure regulation—the...more

White & Case LLP

The trend: Driving responsible business

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An accelerating focus on doing business responsibly will force changes to wide-ranging aspects of business operations and strategy - Societal expectations of businesses have shifted fundamentally over the past five years....more

Bass, Berry & Sims PLC

Update on Litigation Timeline of SEC’s Climate Disclosure Rules

We previously blogged about the final climate disclosure rules, and how the Securities and Exchange Commission (SEC) voluntarily stayed implementation of the final rules pending the completion of judicial review of the...more

Seward & Kissel LLP

Air Sickness, Token Appeal, and Cooling Down

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Editor’s Note: Hat tip to the Creditors Rights Coalition for reaching out after last week’s blog to inform yours truly that the “judge shopping” concerns of creditor advocates extend beyond just the S.D. of Texas, and that a...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 1 - the basics

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Chat applications are a fact of life now. Many employees in all sectors are using it to communicate and collaborate. The prevalence of this data type means that searching only standard document types such as emails is no...more

Proskauer - Minding Your Business

Without Merit: A Cautionary Tale About Boilerplate Litigation Disclosures in Public Company Filings

Counsel for public companies—it may be time to take another look at your litigation disclosures. A recent federal district court opinion held that one company’s use of the phrase “without merit” to describe ongoing litigation...more

Reveal

Legal Risk Management: 5 Ways to Proactively Mitigate Risk

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Corporations must innovate and set themselves apart from their competition to achieve long-term success, but they cannot act with reckless abandon in doing so. Rather, they must strategically plan their moves to proactively...more

Dechert LLP

Securities and Derivative Litigation: Quarter 4 Update

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In 2022, there were 197 federal securities class actions filed, which is a 6.6% drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. Despite a...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates - January 2023

Climate Change Litigation: Beginning in 2017, an array of state and local governments began pursuing claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Carlton Fields

Bar Orders Must Be Integral To Settlement in Order To Be Essential

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Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Orrick - Trade Secrets Group

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Thomas Fox - Compliance Evangelist

Brilliant Yet So Simple – The First FCPA Mock Trial Institute

Sometimes an idea is so simplistically brilliant you wonder why no one actually thought of it before. That was the first thing I thought when two Houston lawyers, Keith Hennessee, OF Counsel at Givens & Johnston, and Joel...more

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