False Claims Act Insights - How a Marine Fisheries Dispute Opened an FCA Can of Worms
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Podcast: Non-binding Guidance: SEC Disclosure Issues for Life Sciences Companies
Life Sciences Quarterly (Q3 2019): SEC Enforcement and Class Actions Regarding FDA Communications
Earlier today, the European Commission published updated draft final versions of the European Sustainability Reporting Standards (ESRS) to be used for reporting under the Corporate Sustainability Reporting Directive....more
Mortgage loan purchase agreements govern the sale of residential loans from originators to purchasers in the secondary market. The parties seeking to purchase loans typically are the drafters of these agreements, and thus the...more
Over on Cooley’s “CapitalXchange,” this blog highlights the 28-page comment letter that Cooley recently submitted to the SEC on its proposal seeking to rethink Regulation S-K....more
On April 10, 2026, the U.S. Department of Justice (DOJ) announced that IBM agreed to pay more than $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with anti-discrimination...more
On January 13, 2026, Chairman Paul S. Atkins issued a statement directing the Division of Corporation Finance of the U.S. Securities and Exchange Commission (SEC) to undertake a comprehensive review of Regulation S-K. ...more
This month’s Bid Protest Roundup focuses on three recent protests from the Government Accountability Office (GAO). The first protest addresses the evidentiary showing required to sustain a challenge based on alleged...more
The Washington State Supreme Court has issued an important decision regarding the type of injury that a plaintiff must allege for a claim under the Washington Consumer Protection Act. In Montes v. Sparc Group LLC, the court...more
In Lundin Mining Corp. v. Markowich, 2025 SCC 39, the Supreme Court of Canada clarified how issuers must identify and meet their disclosure obligations regarding “material changes” under Canadian securities laws....more
At this year’s Securities and Exchange Commission (SEC or the Commission) Speaks, Chairman Paul Atkins and Commissioners Mark Uyeda and Hester Peirce delivered a broadly consistent message about the Commission’s direction: to...more
The US Securities and Exchange Commission (SEC) participated in the annual SEC Speaks conference on March 19 and 20, 2026, bringing together Commissioners and staff to discuss recent developments and share the agency’s...more
The FCA Panel at the 2026 ABA White Collar Crime Institute in San Diego made one thing clear: the False Claims Act is in a constant flux, shaped by constitutional tensions, policy debates, and a rapidly politicizing...more
The Practicing Law Institute, in collaboration with the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”), held its annual SEC Speaks conference (the “Conference”) on March 19 and 20, 2026, in...more
On Feb. 19, Brenna Jenny, deputy assistant attorney general for the commercial litigation branch of the civil division of the U.S. Department of Justice, delivered the keynote address at the Federal Bar Association's Qui Tam...more
Atkins advances comprehensive reform to Regulation S-K with a focus on materiality....more
The recent dismissal by a California federal court of a securities class action against Visa and several of its directors and officers highlights how disclosure of government investigations can be used to defeat subsequent...more
As discussed in our trade group’s February 23 post, the Supreme Court struck down the Trump Administration’s tariffs imposed under the International Emergency Economic Powers Act, or IEEPA. ...more
The Federal Bar Association’s 2026 Qui Tam Conference featured two sets of remarks from Deputy Assistant Attorney General of the U.S. Department of Justice’s (DOJ) Commercial Litigation Branch, Brenna Jenny (DAAG Jenny). In...more
In Dziedziejko v Canopy Growth, 2025 ONSC 6766, the Ontario Superior Court of Justice concluded that materiality can be inferred from a drop in a public issuer's share price following the correction of an admitted...more
In JanCo FS 2, LLC v. ISS Facility Services, Inc., the Delaware Superior Court’s Complex Commercial Litigation Division issued a post-trial opinion interpreting the interaction between a materiality scrape provision and a...more
In this episode of the Global Corporate M&A Podcast, Andrew will examine a Delaware case that applies indemnification materiality scrape provisions in a way that created significant risks for the unwary. Additionally, he will...more
For more than 160 years, the False Claims Act (FCA) has been the federal government’s primary tool to combat fraud. In 2025, the U.S. Department of Justice (DOJ) underscored just how powerful — and profitable — the FCA can...more
The District of Massachusetts held a hearing on defendants’ motion to dismiss in United States ex rel. Shea v. eHealth, Inc., et al. (No. 21-cv-11777-DJC), a notable False Claims Act (FCA) case examining the intersection of...more
On January 13, 2026, SEC Chairman Paul S. Atkins has announced a comprehensive, materiality‑first review of Regulation S‑K to combat disclosure overload and sharpen focus on what a reasonable investor would find useful for...more
On January 13, 2026, Securities and Exchange Commission (SEC) Chair Paul S. Atkins announced a comprehensive review of Regulation S-K, the central framework governing qualitative disclosures in public company filings since...more
On January 13, 2026, the SEC announced a significant initiative to reform Regulation S-K. In a statement issued by SEC Chairman Paul S. Atkins, Chairman Atkins observed that Regulation S-K has expanded dramatically since its...more