Compliance
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Opinion
Maintaining compliance as SEC cracks down on encrypted messaging apps
Navigating enforcement actions and keeping up with regulatory expectations can help your organization benefit from use of the apps while keeping risks aligned with requirements.
By Chris Lehman • Sept. 20, 2023 -
SEC fines Lyft for failing to disclose $424M, pre-IPO stock sale
Lyft is required under federal securities laws to disclose stock transactions exceeding $120,000 that involve a person with ties to the company, the SEC said.
By Jim Tyson • Sept. 18, 2023 -
How to avoid violating CCPA when sharing employee data
If companies don’t have the right contractual arrangements with their vendors, sharing data could be construed as a sale.
By Robert Freedman • Sept. 15, 2023 -
Retrieved from Orthofix on September 12, 2023
Orthofix ousts CEO, CFO, CLO, citing ‘offensive conduct’
An investigation conducted by an independent outside legal counsel found that the three executives had “violated multiple code of conduct requirements.”
By Maura Webber Sadovi • Sept. 14, 2023 -
EEOC sues Maryland Verizon branch for ADA violations
Beyond terminating employment, creating environments that force workers to quit is also a violation of federal labor law.
By Caroline Colvin • Sept. 8, 2023 -
SEC fines Fluor $14.5M for accounting flaws
Fluor last decade failed to deploy the internal controls needed for its use of the percentage of completion accounting method, the SEC said.
By Jim Tyson • Sept. 8, 2023 -
More states join paid leave trend, making it harder for employers to keep up
Benefits teams that seek to stay ahead of local family and medical leave requirements may need to make adjustments soon, experts said.
By Ryan Golden • Sept. 7, 2023 -
FCPA compliance efforts should be a team sport
In-house counsel that work with accounting and audit staff can position themselves to protect their company from Foreign Corrupt Practices Act violations, compliance experts say.
By Robert Freedman • Sept. 5, 2023 -
Manufacturers fined $191K for false ‘Made in USA’ claim
As part of the settlement with the FTC, the companies must send customers a note saying the product they bought wasn't really made in the United States.
By Robert Freedman • Sept. 1, 2023 -
Goldman to pay $5.5M CFTC fine over alleged recordkeeping failures
Software issues caused the bank to fail to record thousands of phone calls, violating recordkeeping rules and a prior cease-and-desist order, the agency said.
By Gabrielle Saulsbery • Sept. 1, 2023 -
Flawed accounting surges 150%: Glass Lewis
Company reports during the 2023 proxy season reveal that many newer businesses have had to correct financial statements and upgrade internal controls.
By Jim Tyson • Sept. 1, 2023 -
FTC pulls back on legal challenge to Amgen’s $28B bid for Horizon
Urged by a judge, the antitrust regulator said it wants to start discussions “regarding the proper resolution of this matter” — a potential prelude to a settlement.
By Jonathan Gardner • Aug. 28, 2023 -
Deciphering DOJ clawback credits
The agency doesn’t define what a good faith effort to recoup an employee’s compensation looks like. That leaves room for flexibility that both sides can build on, a former prosecutor says.
By Ramona Dzinkowski • Aug. 23, 2023 -
Opinion
Staying protected as FTC steps up scrutiny of social media marketing
Using tags on social media might bring a post under the umbrella of endorsements. That’s one of the considerations as the agency eyes companies’ use of testimonials and other tactics.
By Kristin Santamaria and Kelly Bub Smith • Aug. 21, 2023 -
Opinion
Google’s antitrust legal battle: Lessons from document preservation failures
The importance of understanding and abiding by the legal implications of document preservation in the face of litigation cannot be overstated.
By Andreas Mueller • Aug. 18, 2023 -
DOJ, FTC deliver one-two punch against interlocking directorates
The two agencies in separate actions on the same day announce the removal of board members on grounds that, in previous years, weren’t an enforcement focus.
By Robert Freedman • Aug. 17, 2023 -
Generative AI quickly rises ranks among leading enterprise risks
Data privacy, cybersecurity and IP issues are contributing to risk executives’ concerns as the latest AI tools gain greater traction, Gartner reports.
By Lyle Moran • Aug. 14, 2023 -
SEC cyber rule opening can of worms over insurance coverage
Required disclosures could prompt more lawsuits as plaintiffs leverage what companies file with the agency, driving an increase in insurance exclusions, industry experts say.
By Robert Freedman • Aug. 14, 2023 -
Why California AG, privacy agency appealed enforcement limits
The government entities argue that a judge’s ruling thwarted the will of voters and gives businesses freedom to violate key privacy protections.
By Lyle Moran • Aug. 11, 2023 -
Opinion
Leveraging the SEC rule on board-level cybersecurity expertise
The agency’s release of cybersecurity rules gives legal leaders a chance to make board expertise part of the resilience they build into their organization.
By Neil Simon • Aug. 10, 2023 -
Make sure client isn’t using you for crime, ABA says
Assess what your client is trying to do and withdraw representation if they are laundering money or doing something else illegal, the American Bar Association says.
By Robert Freedman • Aug. 10, 2023 -
WhatsApp at center of $549M fines imposed on financial firms
The penalties bring to $1.5 billion the amount companies have paid since the SEC launched an initiative in 2021 to curb employees' use of off-channel messages.
By Robert Freedman • Aug. 9, 2023 -
How Pure Storage’s legal team is using generative AI
The data storage company is testing out compliance use cases, and it’s hopeful AI can help reduce outside counsel spending and automate repetitive tasks.
By Lyle Moran • Aug. 8, 2023 -
C-suite execs waver on AI amid regulatory uncertainty: KPMG
About 40% of survey respondents reported plans for a three-to-six month pause on generative AI investments to monitor the regulatory landscape.
By Alexei Alexis • Aug. 8, 2023 -
California privacy agency launches first enforcement sweep
The California Privacy Protection Agency, which gained enforcement powers July 1, said it is reviewing the data privacy practices of “connected vehicle” manufacturers.
By Lyle Moran • Aug. 2, 2023