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

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

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

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

BNP Paribas may be next to settle WhatsApp probes by SEC, CFTC

The bank also disclosed it set aside €125 million ($137.4 million) for litigation in the second quarter but declined to say whether that was related to the messaging probes. 

By Dan Ennis • Aug. 1, 2023

Companies must walk a fine line meeting SEC cyber disclosures

Too much detail about your risk management and governance practices will help bad actors, while too little won’t meet what the SEC wants, a Freshfields attorney says.

By Robert Freedman • Aug. 1, 2023

Fed fines UBS $268.5M over Credit Suisse’s risk management practices

UBS “has already begun implementing its risk framework, including actions addressing these regulatory findings, across Credit Suisse,” the bank said in a statement Monday seen by Bloomberg.

By Dan Ennis • July 24, 2023

DOJ criminal division chief Kenneth Polite departing

The assistant attorney general helped encourage companies to self-report problems and stepped-up the department’s use of data analytics to flag wrongdoing.

By Robert Freedman • July 18, 2023

CCO reporting relationships must be flexible

A CCO-to-CLO reporting relationship is becoming more popular, yet even in many of those arrangements the CCO retains a parallel reporting relationship to the CEO.

By Michael W. Peregrine • July 14, 2023

How product counsel can support business growth

In-house lawyers focused on product should promote risk mitigation rather than risk avoidance and also use soft skills to get colleagues on the same page.

By Lyle Moran • July 10, 2023

Illinois, Colorado up next in pay transparency law updates

The new laws state that employers must give current employees, not just job seekers, a fair shot at applying for newly posted jobs — with pay ranges — as well.

By Caroline Colvin • July 7, 2023

Pre-merger review burden to skyrocket under FTC, DOJ proposal

Companies will need to submit intensive documentation under HSR filings so antitrust agencies can decide if a deal needs further review.

By Robert Freedman • June 28, 2023

California privacy law changes draw in more businesses

Business-to-business organizations are newly subject to the law and the latest restrictions apply to data sharing, not just data selling. Meanwhile, other states are adding laws to the mix.

By Lisa Burden • June 23, 2023

JPMorgan to pay $4M to SEC over 47M lost records

The communications were deleted in June 2019 by an outside vendor responsible for archiving bank records.

By Dan Ennis • June 22, 2023