By Ameena Y. Majid, Giovanna A. Ferrari, and Matthew Catalano
Seyfarth Synopsis: On March 6, 2024, the SEC announced its long-awaited adoption of final rules regarding climate-related disclosures by public companies and in public offerings (the “Climate Rules”).[1] The SEC dialed back the more prescriptive nature of the previously proposed climate rules (the “Proposed
Continue Reading Final SEC Climate Disclosure Rules Greeted with Mixed Emotions and Lawsuits: What Your Company Needs to Know
By Alex Meier
The Securities and Exchange Commission (“SEC”) levied an $18 million fine against J.P. Morgan Securities, LLC (“JPMS”) for allegedly including overbroad release provisions in settlement agreements. This marks the continuation of its recent activity to enforce SEC Rule 21F-17(a), a regulation that prohibits companies from taking any action to impede or discourage whistleblowers from reporting suspected securities
Continue Reading SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower SuppressionBy Renée Appel, Rebecca Davis, Giovanna Ferrari, and Ameena Majid
Seyfarth Synopsis: Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the Securities and Exchange Commission (“SEC”) sued a publicly traded Brazilian company.
The SEC filed a securities fraud lawsuit against Vale S.A. (“Vale”) for, among
Continue Reading Misleading Statements, Including ESG Pronouncements, Land One of the World’s Largest Iron Ore Producers in Hot Water with the SEC
By Andrew S. Boutros and Craig B. Simonsen
Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas face real risks of violating the Foreign Corrupt Practices Act and must be mindful of the enforcement landscape that applies to these criminal violations. Robust and effective compliance
Continue Reading Higher Education Institutions are Beginning to Get an Education in the FCPA
By Kristina M. Launey with Christine Hendrickson
Seyfarth Synopsis. Responding to inquiries regarding your company’s stance on pay equity can be dicey. Having a strategy on how you address questions is important.
Every time a client asks “what do I say” in response to employee inquiries about what the client’s company is doing to ensure fair pay, Justin Bieber’s song
Continue Reading Pay Equity Communications (AKA: What do I say?)
As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your company.
The opportunity lies in improving your company’s restrictive covenant and confidentiality agreements and confidentiality policies. Below are five tips
Continue Reading Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices Now
By Ada W. Dolph and Craig B. Simonsen
Whistleblowers continue to reap extraordinary awards under Dodd-Frank’s “bounty” program in exchange for bringing the Securities and Exchange Commission (SEC) “original” information that leads to a successful enforcement action. Most recently, the SEC announced its third-highest award since Dodd-Frank was enacted — an award of “more than $3,000,000” — to one such
Continue Reading SEC Announces Third-Largest Dodd-Frank Bounty Award
By Sam Schwartz-Fenwick and Craig B. Simonsen
In another federal action that employers need take note of, last week the U.S. Securities Exchange Commission (SEC) issued its “Commission Guidance Regarding the Definition of the Terms ‘Spouse’ and ‘Marriage’ Following the Supreme Court’s Decision in United States v. Windsor.” SEC Interpretive Release No. 33-9850 (IR) (June 19, 2015), 80 Fed.
Continue Reading SEC Interpretive Release on the Terms “Spouse” and “Marriage”
By Christopher Robertson, Gena Usenheimer and Needhy Shah
Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).
As we have discussed in our previous posts,
Continue Reading Second Circuit Tackles “Whistleblower” Protection Under Dodd-Frank
By Ada W. Dolph
In a post-script to the SEC’s April 1 cease and desist order penalizing KBR, Inc. for a confidentiality statement that failed to carve out protected federal whistleblower complaints (our alert on it here), SEC Office of the Whistleblower Chief Sean McKessy today made additional comments that suggest public companies as well as private companies that
Continue Reading Aggressive Enforcement Efforts Will Continue After KBR, Per SEC Whistleblower Chief