News & Analysis as of

Public Disclosure

American Conference Institute (ACI)

[Event] 7th National Forum on FARA – Foreign Agents Registration Act - December 5th, National Harbor, MD

ACI’s 7th National Forum on FARA is the ONLY conference focused on the nuances, exemptions and grey areas of the Foreign Agents Registration Act and related statutes—with actionable insights for advising clients amid a new...more

Herbert Smith Freehills Kramer

Beneficial Ownership Reporting for Unlisted Entities: An Update

The Federal Government has recently announced it has abandoned its initial proposal to require unlisted entities to maintain a public register of their beneficial owners and will instead move directly to develop a centralised...more

Troutman Pepper Locke

Fourth Circuit Finds Public Disclosure Required for Standing in Data Breach Case

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Courts are concluding that not all data breaches should result in a lawsuit. Businesses need to consider causation and damages when responding to an incident and take steps to determine if there is no evidence of harm or...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit: Leaked Data Breach Information Must Be Publicly Available to Cause 'Concrete Injury'

On October 14, 2025, the Fourth Circuit issued its opinion in Holmes v. Elephant Insurance Company, clarifying that plaintiffs in data breach class actions must demonstrate that their compromised personal information was...more

Esquire Deposition Solutions, LLC

Keeping Deposition Transcripts Out of Public View

Deposition transcripts are typically not filed with the court. They’re not court records, and they’re not generally available to the news media, investigators, or the general public. However, once these materials are used in...more

Cozen O'Connor

New Developments Concerning the False Claims Act Public-Disclosure Bar & Original Source Exception

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Last week, in United States v. U.S. Cellular Corp., No. 23-7041 (D.C. Cir. 2025), the D.C. Circuit side-stepped the applicability of the “public disclosure bar” when it revived two whistleblower suits under the False Claims...more

Fisher Phillips

12 California Bills Employers Should Watch as State Lawmakers Sign Off for 2025

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The California Legislature just wrapped up its work for the year, and now all eyes turn to Governor Newsom, who has until October 12 to sign or veto each of the bills sent to his desk. Any bills signed into law will take...more

Herbert Smith Freehills Kramer

Australian Equity Derivative Disclosure Reforms: One Step Closer

The Government has introduced a Bill containing reforms that would require mandatory public disclosure of all forms of derivative interests once the 5% threshold is reached....more

Fisher Phillips

Federal Court Ruling Means Your EEO-1 Reports Could Soon Be Made Public: What it Means and What You Should Do

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In a decision that could significantly reshape how EEO-1 Reports for federal contractors are handled by the federal government, the U.S. Court of Appeals for the 9th Circuit recently ruled that certain employer EEO-1 reports...more

Ropes & Gray LLP

New Regulations Strengthen Privacy for UK Company Directors: Expanded Rights to Protect Personal Information from Companies House...

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For many individuals, holding board level positions in UK entities comes with the fear of their names, dates of birth and residential addresses being published by Companies House. This has led to instances of identity theft,...more

BCLP

Unnecessary, Unfair and Unclear

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In November 2024, the FCA published its further consultation with its revised proposals to make early announcements of open enforcement investigations (“CP 24/2, Part 2”). BCLP was one of the many respondents to raise strong...more

Latham & Watkins LLP

White House Directs Public Disclosure of Terminated Federally Funded Programs

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In an executive memorandum, President Trump has instructed executive agencies to make public the details of every terminated program, contract, grant, or other obligation that used federal funds....more

Fish & Richardson

The Most Interesting Appellate Cases of 2024

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Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Parker Poe Adams & Bernstein LLP

New Federal Campus Hazing Act Creates Reporting Requirements for Higher Education Administrators

The bipartisan Stop Campus Hazing Act, which went into effect on January 1, 2025, imposes new federal requirements on colleges and universities nationwide, obligating them to track, report, and publicly disclose hazing...more

Paul Hastings LLP

Public Company Update: Fifth Circuit Vacated Nasdaq Board Diversity Rules

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On December 11, 2024, the Court of Appeals for the Fifth Circuit issued a decision in Alliance for Fair Board Recruitment v. SEC vacating the SEC’s approval of Nasdaq’s board diversity rules. The rules required tabular...more

McCarter & English, LLP

Compliance Note No. 8: Corporate Gift Policies

With the holiday season upon us, corporate gift policies should be reviewed with key personnel to maintain compliance with state and federal rules. For almost all New Jersey government officials and state employees, gifts are...more

Fox Rothschild LLP

No rubber stamps here. Judge Conrad denies a motion to seal.

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This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it. These two Orders from...more

Husch Blackwell LLP

SEC Charges Public Companies with Misleading Cyber Disclosures

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On October 22, 2024, the Securities and Exchange Commission (SEC) announced that it had charged four companies with making materially misleading disclosures regarding cybersecurity risks and intrusions, with one company also...more

Foley & Lardner LLP

Government Contractors Should Act Now to Protect EEO-1 Reports From Public Disclosure

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You may recall that, beginning in 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began receiving requests under the Freedom of Information Act (FOIA) for all EEO-1 reports...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula: A Guide to Solvency II – Chapter 14: The SFCR and Other Public Reporting

The SFCR and Other Public Reporting - Introduction - The Solvency II regime, as legislated in the Solvency II Directive and elaborated upon in Chapter XII of the EU Commission Level 2 Delegated Regulation (2015/35), is...more

Hogan Lovells

SEC brings Regulation FD enforcement action for selective disclosure via social media

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On September 26, the SEC announced that it had charged public company DraftKings Inc. with violating Regulation FD, or “Fair Disclosure,” under the Exchange Act. The SEC alleged that the company selectively disclosed...more

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q3 2024

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Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement,...more

Wiley Rein LLP

Into the AI Future: What a Relator’s Use of AI in a Recent FCA Case Portends About the Future of Whistleblowing

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A recent California False Claims Act (CFCA) settlement highlights how relators are turning to artificial intelligence (AI) tools to allege fraud and other issues. By understanding how AI may be used by relators or other...more

A&O Shearman

SEC Charges Company With Reg FD Violations For Disclosing Information Via Posts On CEO’s Social Media Accounts

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On September 26, 2024, the Securities and Exchange Commission (“SEC” or “the Commission”) charged a sports-betting company (the “Company”) with violating Regulation Fair Disclosure (“Reg FD”) by disclosing material, nonpublic...more

MoFo Life Sciences

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

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Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions...more

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