News & Analysis as of

Misrepresentation Corporate Counsel

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for June 2025

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine the following matters: • An SEC settlement with an ex-CEO...more

Kelley Drye & Warren LLP

State AGs, and Mark Twain, Hold Companies Accountable for AI Use

This week, two state attorneys general on very different ends of the political spectrum announced separate actions related to purported discrimination by AI services. Missouri sent inquiry letters to four Big Tech companies...more

Harris Beach Murtha PLLC

Oregon Sticks with Existing Regulations to Govern AI (For Now)

The Oregon Department of Justice (DOJ) recently issued significant guidance detailing how the state's existing legal framework will regulate artificial intelligence, eschewing the need for immediate AI-specific legislation....more

Vinson & Elkins LLP

Failure to Act: SEC Brings Individual Charges Against CFO and Audit Committee Chair in Corporate AI Fraud Case

Vinson & Elkins LLP on

On September 16, 2024, the United States Securities and Exchange Commission (“SEC” or the “Commission”) brought charges against Kubient, Inc.’s (“Kubient”) former chairman and chief executive officer (“CEO”) for allegedly...more

Holland & Knight LLP

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

Holland & Knight LLP on

The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the...more

Husch Blackwell LLP

Texas Attorney General Reaches Generative AI Settlement

Husch Blackwell LLP on

Keypoint: The Texas Attorney General reaches a first-of-its-kind settlement with a healthcare company that provides generative AI products. On September 18, 2024, the Texas Attorney General announced that it had reached a...more

Akin Gump Strauss Hauer & Feld LLP

Cybersecurity After SolarWinds: Practical Guidance for CISOs Under the New Rules

Judge Engelmayer’s 107-page dismissal of most of the U.S. Securities and Exchange Commission (SEC)’s claims against SolarWinds provides valuable guidance, and some comfort, for public companies and Chief Information Security...more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

Hinch Newman LLP on

On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

WilmerHale on

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

BakerHostetler

Endorsements and Actual Usage - A Deep Dive into the FTC and State Attorneys General Lawsuits Against Google

BakerHostetler on

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might...more

Foley & Lardner LLP

Solis v. Coty, Inc.: A Look at Article III Standing in PFAS Consumer Products False Advertising Cases

Foley & Lardner LLP on

There has been a recent uptick in false advertising consumer protection lawsuits relating to the presence of Per- and Poly-fluoroalklyl Substances (PFAS) in consumer products. What, exactly, are PFAS? Nicknamed “forever...more

Robinson+Cole Class Actions Insider

Fifth Circuit Upholds Striking of Class Allegations Based on Differences in State Law and Multiple Alleged Misrepresentations

One of the first significant class certification-related decisions of 2023 comes from the Fifth Circuit. While some trial courts hesitate to strike class action allegations on the pleadings, the district court here concluded...more

BakerHostetler

There Is Bad Press: FTC Defendant Sues the Agency Over an Over-the-Top Release

BakerHostetler on

P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being...more

Bass, Berry & Sims PLC

Buyer Beware: Settling FCA Allegations Costs Manufacturer $5.2 Million

Bass, Berry & Sims PLC on

Numet Machining Techniques, a Connecticut-based machined parts manufacturer for commercial and military aerospace engines, recently agreed to pay $5.2 million to settle alleged violations of the False Claims Act (FCA) for...more

Venable LLP

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices

Venable LLP on

Last week, the United States Department of Justice, acting on behalf of the Federal Trade Commission, took action against Twitter, Inc. for allegedly using private account security data to sell targeted advertisements without...more

Lowenstein Sandler LLP

Fifth Circuit Requires Jury Trials for SEC Fraud Defendants

Lowenstein Sandler LLP on

On May 18, the U.S. Court of Appeals for the Fifth Circuit held that defendants in SEC enforcement actions for fraud are entitled to jury trials in federal court rather than simply appearing before an SEC administrative law...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

A&O Shearman

Eighth Circuit Affirms Dismissal Of Putative Securities Class Action For Failure To Adequately Allege Falsity And Scienter

A&O Shearman on

On October 18, 2021, the United States Court of Appeals for the Eighth Circuit affirmed a decision of the United States District Court for the Southern District of Iowa dismissing a putative securities class action asserting...more

NAVEX

Misinformation, Misrepresentation and Miscalculations: The True Cost of Misguided Academic Field Research (Hoax Reports) on...

NAVEX on

By the summer of 2021, compliance officers had spent nearly a year and a half helping their organizations navigate the challenges of COVID-19, as well as the new or heightened risks associated with remote work and enhanced...more

Mintz

SEC Fines App Annie and Its CEO for $10 Million in Connection with Non-Anonymized Data

Mintz on

In a first-of-its kind enforcement action, the SEC fined an alternative data provider for the mobile app industry and its former CEO for misrepresentations and misuse of confidential data. Together, they will pay over $10...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Court of Appeals Creates New Standard for Standing in Title III Cases Against Gas Stations

For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more

Dorsey & Whitney LLP

Coca-Cola Successfully Petitions to Cancel Trademark Registrations Based on Misrepresentation of Source

Dorsey & Whitney LLP on

Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products...more

Akerman LLP

SPAC Mergers in the SEC’s Crosshairs? Recent Enforcement Activity Highlights Increased SPAC Merger Risk

Akerman LLP on

The past few weeks have seen a turn of events for companies involved with Special Purpose Acquisition Company (SPAC) vehicles. First, the Securities and Exchange Commission (SEC) announced civil administrative charges against...more

Kelley Drye & Warren LLP

New ESG Lawsuit Targets Aspirational Statements

Earlier this month, the nonprofit Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company falsely and deceptively represents itself as “a sustainable and environmentally friendly company, despite...more

Troutman Pepper Locke

Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

Troutman Pepper Locke on

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties...more

60 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide