In this our second edition of Fenwick’s Securities Litigation and Enforcement Newsletter, we continue to provide you with short insights about timely securities litigation and enforcement developments. This edition’s topics...more
The SEC recently issued guidance specifying that whistleblowers do not first have to take their concerns to the SEC in order to be covered by the SEC’s anti-retaliation rule. The guidance clarifies that those whistleblowers...more
9/22/2015
/ Anti-Retaliation Provisions ,
Barnes and Noble ,
Confidentiality Agreements ,
Enforcement Actions ,
Internal Investigations ,
Internal Reporting ,
KBR (formerly Kellogg Brown & Root) ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Whistleblowers ,
White Collar Crimes
The government appears to be increasing its enforcement efforts regarding cybersecurity risks. A three-judge panel of the U.S Court of Appeals for the Third Circuit recently held the FTC may bring a claim that a company’s...more
9/21/2015
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hackers ,
Publicly-Traded Companies ,
Section 5 ,
Securities and Exchange Commission (SEC) ,
Target ,
Unfair or Deceptive Trade Practices
A CD or not a CD, That is the Question… That the Auditors Should Have Answered -
A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more
9/18/2015
/ Auditors ,
Bank of New York (BNY) Mellon ,
Bribery ,
Compliance ,
Confidentiality Agreements ,
Construction Contracts ,
Criminal Conspiracy ,
Cybersecurity ,
Data Protection ,
Data Security ,
Defense Contracts ,
Department of Justice (DOJ) ,
Embezzlement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Fraud ,
Internal Investigations ,
Internships ,
Money Laundering ,
Nuclear Power ,
Private Placements ,
Regulation D ,
Rule 506(c) ,
Russia ,
SAP America Inc. ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Software ,
Sovereign Wealth Funds ,
Whistleblowers ,
Willful Misconduct
On Dec. 3, 2014, the Division of Enforcement of the U.S. Securities and Exchange Commission brought an enforcement action against two former top executives of Assisted Living Concepts LLC, a large provider of senior living...more