• The SEC turns up the heat on corporate audit committee chairs

    We all know that audit committee chairs of public companies have a big job. The Securities and Exchange Commission (SEC) recently sent a shot across the bow of all audit committee chairs in the form of enforcement actions against two of them. It's unusual for the SEC to put independent...

  • Regulatory priority

    In many ways, 2014 was the Year of the Data Breach. That year saw cyber-events at the Home Depot, JPMorgan Chase and Sony Entertainment, and the trend followed into 2015, with healthcare providers and government agencies showing that they, too, are vulnerable to attack. All of the incumbent attention that...

  • Cybersecurity litigation: The tip of the iceberg, part two: Regulation and legislation

    Late July through mid-August 2015 brought three hacks that may signal increasing regulator involvement in cybersecurity: the first automobile recall based on cybersecurity vulnerabilities (FCA US LLC’s recall of 1.4 million vehicles); the U.S. Food and Drug Administration’s instruction that hospitals cease using the Hospira pump, a computerized system for...

  • Traders will pay $30M to settle civil charges

    “Even those beyond our borders who trade on stolen nonpublic information and use complex instruments in an attempt to avoid detection will ultimately be caught,” Michael J. Osnato, chief of the SEC’s Enforcement Division’s Complex Financial Instruments Unit, said.

  • Recent governmental guidance on data security: What in-house counsel needs to know

    The constant barrage of data breaches and staggering financial losses this year alone highlight the critical importance of data security preparedness.

  • Compliance issues that should keep directors up at night

    With increased data analytics and monitoring capabilities, the set of tools available to regulators to identify and monitor companies for compliance breaches has expanded to unprecedented levels. As compliance breaches are identified, increasingly regulators are asking, Where was the board? Where was the oversight?

  • SEC freezes assets of Path America after filing civil suit

    The Securities and Exchange Commission (SEC) has frozen the assets of Path America in response to an alleged scheme to defraud investors trying to get U.S. residency.

  • Hearing the signal before it alarms

    Implementing internal companywide proactive measures is the most important action businesses can take to prevent whistleblower headlines on the front page of the newspapers.

  • Combatting corruption

    The Foreign Corrupt Practices Act (FCPA) continues to be a priority for the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ).

  • SEC to audit committees: How skeptical are the skeptics?

    In July, 2015, the Securities and Exchange Commission (SEC) published for public comment a Concept Release (Release No. 33-9862) exploring the nature of communications between board audit committees and the company's external auditors, as well as the quality of the public disclosure describing the effectiveness of those communications. The release...

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