Opinions in registration statements continue to be one of the most commonly litigated items under Section 11 of the Securities Act of 1933 (“Section 11”).
Without admitting or denying the U.S. Securities and Exchange Commission’s findings, Polycom Inc. settled with the agency on Tuesday, March 31, 2015, over alleged insufficient internal controls and disclosure violations for personal perk expenses.
Some Issues for “longer-term” Loans Under the CFPB’s Contemplated Payday/title/high-cost Lending Proposals
In this blog post, we share our thoughts on the 36% “all-in” rate trigger and restrictions for loans considered to be “longer-term” under the CFPB’s contemplated proposals taking aim at payday (and other small-dollar, high-rate) loans (“Covered Loans”).
One of the more distinct litigation phenomena in recent years has been the rise of multi-jurisdiction litigation, particularly in connection with merger objection litigation.
On April 1, the SEC announced its first ever enforcement action against a company for using improperly restrictive language in confidentiality agreements that could deter whistleblowers.
SEC Announces Action Against Company for Using Confidentiality Agreements That Allegedly Could Deter Whistleblowers
As we discussed in a post last month, the SEC has been closely scrutinizing whether companies may be using non-disclosure and confidentiality agreements that could discourage employees from acting as whistleblowers and communicating with the SEC about potential securities law violations.
SEC Finds That Employer’s Confidentiality Agreement Unlawfully Silences Whistleblowers in Violation of the Securities Exchange Act
The SEC has become increasingly vigilant and aggressive about what employers say in their confidentiality agreements and the context in which they say it.
According to the FDIC’s website (here), as of March 24, 2015, 44 of the 106 failed bank lawsuits the agency has filed have settled.
Some Issues for “short-term” Loans Under the CFPB’s Contemplated Payday/title/high-cost Lending Proposals
In this blog post, we share our thoughts on how the CFPB’s contemplated proposals taking aim at payday (and other small-dollar, high-rate) loans (“Covered Loans”) will impact “short-term” Covered Loans and the flaws we see in the CFPB’s ability to repay analysis. (Our last blog post looked at the CFPB’s grounds for the proposals.)