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Securities and Exchange Commission (SEC) › Material Nonpublic Information › Social Media

Paul Hastings LLP

Public Company Watch: November/December 2024

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This edition of the Public Company Watch highlights critical updates and regulatory changes affecting public companies. Staying informed on these topics is crucial for effective compliance and strategic planning. Highlights...more

BCLP

Social Media Posts Result in SEC Fines for Regulation FD Violations

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On September 26, 2024, the SEC announced that it had settled charges with DraftKings Inc. for selective disclosure of material non-public information on the CEO’s personal X (formerly Twitter) and LinkedIn accounts in...more

Robins Kaplan LLP

When Does a Tweet Fall Afoul of Regulation FD

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On August 7, 2018, Tesla CEO Elon Musk used his personal Twitter account (@elonmusk) to propose a buyout of the company for $420 a share, stating that funding was secured....more

Parker Poe Adams & Bernstein LLP

The Fundamentals of Social Media Communication Compliance

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Communication via social media is now standard practice, to some extent, at almost all public companies. What once seemed limited to technology and other “forward-thinking” companies has now made its way into the even the...more

Morrison & Foerster LLP

The Guide to Social Media and the Securities Laws

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REGULATION FD - Beginning in 1999 and continuing into 2000, media reports about selective disclosure of material nonpublic information by issuers raised concerns that select market professionals who were privy to this...more

BakerHostetler

SEC Greenlights Use of Social Media for Publicly Disclosing Company Information

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Recognizing the reality that many investors likely get more information from Facebook and Twitter than a corporate 10-K and that most public companies have a robust social media presence, the U.S. Securities and Exchange...more

Smith Anderson

SEC Report Opens Door to Use of Social Media

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On April 2, 2013, the U.S. Securities and Exchange Commission (the “SEC”) issued a Report of Investigation (the “Social Media Report”) clarifying that a company subject to Regulation Fair Disclosure (“Regulation FD”) may use...more

Morrison & Foerster LLP - Social Media

SEC Offers Guidance on Use of Social Media for Public Disclosure

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On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media...more

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