News & Analysis as of

Public Disclosure

Increased protection of residential addresses at Companies House

by Dentons on

New regulations, scheduled to come into force by the end of summer 2018, will make it easier for directors and other individuals to remove their residential address information from the publicly searchable register at...more

3rd Circuit Reopens FCA Suit Over Pittsburgh’s Use of Federal Funds

by Weiner Brodsky Kider PC on

A three-judge panel of the U.S. Court of Appeals for the Third Circuit recently decided in a non-precedential opinion that a District Court judge erred in dismissing too quickly a False Claims Act (FCA) case in which fair...more

Securities Regulators Anticipate Greater Requirements on Climate Change Disclosure

by Bennett Jones LLP on

On April 5, 2018, the Canadian Securities Administrators (CSA) published CSA Staff Notice 51-354 Report on Climate change-related Disclosure Project, which reports the findings of their project to review disclosure by...more

Southern District Of New York Denies Motion To Dismiss Exchange Act Claims Against Mylan Regarding EpiPen

by Shearman & Sterling LLP on

On March 28, 2018, Judge J. Paul Oetken of the United States District Court for the Southern District of New York granted in part and denied in part a motion to dismiss a putative class action against Mylan N.V. and several...more

Cyber Breach-Related Shareholder Suit Against Yahoo Settles for $80 Million. Is this the Start of a Trend?

It was inevitable. Heretofore, a majority of public companies that experienced a cyber breach, followed by a shareholder suit alleging either a violation of Section 10(b) of the Securities Exchange Act of 1934 or a breach of...more

Bondage, Enslavement, Servitude: New South Wales follows suit and proposes Modern Slavery Law

by DLA Piper on

Modern Slavery Act in New South Wales - New South Wales has followed the Commonwealth's lead and introduced a Modern Slavery Bill 2018 into the New South Wales Legislative Council on 8 March 2018....more

Securities Fraud Class Action Against Discount Retail Chain Dismissed Because Defendants Sufficiently Disclosed Impact Of...

by Shearman & Sterling LLP on

On March 8, 2018, the United States District Court for the Middle District of Tennessee dismissed a consolidated class action alleging securities fraud claims under Section 10(b) and 20(a) of the Securities Exchange Act...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

SEC Issues Updated Guidance on Public Company Cybersecurity Disclosures

by Proskauer Rose LLP on

On February 21, 2018, the Securities and Exchange Commission (SEC) issued an interpretive Commission Statement and Guidance on Public Company Cybersecurity Disclosures (the "Guidance") to assist public companies in meeting...more

SEC Releases New Guidance on Cybersecurity Disclosures and Controls

The Securities and Exchange Commission (“SEC”) voted unanimously to approve a statement and interpretive guidance to assist the public in preparing disclosures about cybersecurity risks and incidents on February 21, 2018. The...more

SEC Issues Cybersecurity Interpretive Guidance Update

by Faegre Baker Daniels on

“Cybersecurity risks pose grave threats to investors, our capital markets, and our country.” That sober reminder appears at the beginning of the Securities and Exchange Commission’s February 21, 2018, Commission Statement and...more

Illinois FOIA Ruling: Public Bodies May Not Withhold Residents' Identities

by Holland & Knight LLP on

• The Illinois Attorney General (AG) issued a binding opinion under the state's Freedom of Information Act (FOIA), holding that residents' names are not exempt as "private information" under FOIA. • The AG did not address...more

U.S. Securities and Exchange Commission Updates Cybersecurity Disclosure Guidance - Agency Continues to Prioritize Cybersecurity...

by Holland & Knight LLP on

• The U.S. Securities and Exchange Commission (SEC) released, on Feb. 21, 2018, updated guidance regarding public company cybersecurity disclosures. The guidance updates the Commission's 2011 non-binding guidance and...more

SEC Issues Updated Guidance on Cybersecurity Risk Disclosures and Trading on Nonpublic Cybersecurity Information

by Bass, Berry & Sims PLC on

On February 21, 2018, the U.S. Securities and Exchange Commission (SEC) issued updates to its interpretive guidance on how public companies should disclose cybersecurity breaches and risks. There are two core messages at...more

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

by Franczek Radelet P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

Proposed Act Seeks to Require Large Companies Operating in Australia to Report on Modern Slavery

by Littler on

The Australian Government has announced plans to release draft legislation proposing the introduction of a “modern slavery in supply chains” reporting requirement. ...more

Three Things To Know About Rule 130 Declarations

by Foley & Lardner LLP on

A few weeks ago I joined Kathleen Fonda, Ph.D., J.D., Senior Legal Advisor in the USPTO’s Office of Patent Legal Administration, and Gary Ganzi, J.D., Senior Counsel and Head of Intellectual Property for Evoqua Water...more

False Claims Act: 2017 Year-in-Review

by WilmerHale on

False Claims Act (FCA) recoveries topped $3.7 billion in fiscal year 2017, marking the eighth straight year of annual recoveries in excess of $3 billion. Healthcare cases, including ones involving drug and device companies,...more

Two More Anti-SLAPP Motions Filed in DC Federal Court Cases

by LeClairRyan on

We are one step closer to a decision from the DC Circuit on whether its Abbas ruling remains good law following the DC Court of Appeals’ Mann decision. The plaintiff in the Deripaska v. Associated Press case has appealed the...more

Proposed amendments to Food and Drug Regulations and the Medical Devices Regulations to publicly release clinical data after...

by Smart & Biggar on

Following release of a white paper in March, on December 9, 2017, Health Canada released proposed amendments to the Food and Drug Regulations under which “clinical summaries, reports and supporting data of clinical trials...more

Shareholder Activism on Climate Is Only Going to Increase

While EPA continues to go backwards on climate, evidence continues to mount that investors are only going to get more aggressive. There were two developments worth noting this month. First, Bloomberg Markets reported that...more

Bill Requires Public Disclosure of Medical Marijuana Practitioners

by Farrell Fritz, P.C. on

As we previously discussed in Medical Marijuana 103: Patient and Practitioner Regulations in New York State, practitioners in New York must be registered with the New York State Department of Health (“DOH”) in order to...more

Institutional Investors Call for Increased, Standardized, Climate-Related Disclosures

by Bennett Jones LLP on

On October 26, 2017, 30 Canadian financial institutions representing $1.2 trillion in investment assets (the Signatories), including Desjardins and Vancity, issued a declaration (the Declaration) of commitment to advancing...more

Pentagon Web Monitoring Data Exposed

Security researcher Chris Vickery has confirmed that web-monitoring data from the Department of Defense (DOD) was exposed through Amazon Web Services by the way the DOD configured access by authorized users. According to...more

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Cybersecurity

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