On October 17, 2017, the SEC released two new updates to the Compliance & Disclosure Interpretations (“C&DIs”). The C&DIs comprise the Division’s interpretations of the rules and regulations on the use of non-GAAP financial measures. The two updates focus on the … Continue reading
Category Archives: Litigation
Supreme Court Decision May End Patent Litigation Venue Shopping
In a major victory for those supporting patent litigation venue reform, the Supreme Court yesterday issued an opinion in the matter of TC Heartland v. Kraft Foods Group Brands, LLC., holding that for domestic corporations, “reside” in 28 USC §1400(b) … Continue reading
Law Firm Market Share
Note: This post has been updated from its previous version in order to correct the percentages associated with law firm market share. Over the past two years, approximately 2,300 current and former SEC registered companies have disclosed material, federal civil … Continue reading
Data Breaches Have Big Cost for Yahoo in Verizon Deal
Cyber attacks have almost become an expectation of 21st century business. From denials of service and data theft to viruses and ransomware, it seems to be simply a matter of time before a company is assailed. Some experts predict that … Continue reading
Could the MDC Partners Enforcement Action have been Predicted?
How likely is a company to be cited for a violation of non-GAAP reporting rules? Is non-GAAP violation a primary offense? That is, can a company face an enforcement action just for that? Let’s take a look at a recent … Continue reading
Sullivan & Cromwell Partner Named Next SEC Chairman
Last week, President-elect Donald Trump nominated corporate attorney Jay Clayton to replace Mary Jo White as the new SEC Chairman. Jay Clayton is a partner at Sullivan & Cromwell, where his practice includes public and private mergers and acquisitions, capital markets offerings, … Continue reading
Warning Signs Leading to Securities Litigation
Over the past 10 years, major drivers behind securities litigation were either financial restatements and misrepresentations or significant corporate events (such as IPOs and M&A activity). Material restatements are very likely to trigger a legal action. Yet, the key question that … Continue reading