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Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

On January 13, 2025, the Securities and Exchange Commission (“SEC”) filed a settled enforcement action against Ashford Inc. (“Ashford” or “the Company”), a company that provides products and services to the real estate and...more

Freight Accounting Fumble Leads to SEC Fine: UPS Penalized for Not Booking Known Impairment to Goodwill

The Securities and Exchange Commission (SEC) recently announced that United Parcel Service Inc. (UPS) has agreed to pay a $45 million penalty for materially misrepresenting its earnings by improperly valuing its UPS Freight...more

Breaking New Ground: Understanding California’s Draft AI, Privacy, and Cybersecurity Regulations

In advance of its September 8, 2023 board meeting, the California Privacy Protection Agency (“CPPA”), the state’s privacy regulatory body, has unveiled draft regulations that could significantly impact cybersecurity...more

SEC Finalizes Cybersecurity Rules for Public Companies: What's New, What's Not, and What’s Next

On July 26, 2023, the Securities and Exchange Commission (“SEC”) voted to approve final rules governing cybersecurity disclosures of public companies (“Final Rules”). The Final Rules make meaningful changes to the current and...more

The SEC Continues to Ramp-up Enforcement Activity; Reports Record Penalties in 2022

On November 15, 2022, the Securities and Exchange Commission (“SEC”) announced its 2022 enforcement statistics. Notable amongst the data was the news that the SEC had filed 760 total enforcement actions in fiscal year 2022, a...more

Beyond Materiality: Comparing The SEC’s Proposed Data Breach Notification Rules with Evolving State Notification Laws

On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more

“Algorithmic Justice”: FTC Orders Destruction of Algorithms Following Privacy Violations

The Department of Justice, acting on behalf of the Federal Trade Commission, recently took action against WW International, Inc., formerly known as Weight Watchers, and its subsidiary, Kurbo, Inc. (together, “Weight...more

The SEC’s Enforcement Interest in SPACs Continues as the Commission Announces Another SPAC Settlement; And Beware of Disclosure by...

Earlier this week, the Securities and Exchange Commission (“SEC”) announced a $125 million settlement of charges against Nikola Corporation (“Nikola”), a publicly-traded company created through a special purpose acquisition...more

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