SEC Guidance on Social Media and Regulation FD The U.S. Securities and Exchange Commission (SEC) issued a Report of Investigation on April 2, 2013 providing guidance on the use of social media as a method of disclosure under Regulation Fair Disclosure (Regulation FD).  The report was precipitated by an SEC investigation into a Facebook posting [...]

March 14, 2013 IRANNOTICE Filings As of February 6, 2013, issuers filing annual or quarterly reports with the U.S. Securities and Exchange Commission (“SEC”) under the Exchange Act of 1934 (“Exchange Act”) were required to disclose transactions with Iran. The Iran Threat Reduction and Syria Human Rights Act of 2012 (the “Threat Reduction Act” or [...]

February 14, 2013 Recent Merger Antitrust Cases While campaigning for his first term President Obama promised stricter enforcement of the antitrust laws. The first term of the Obama administration saw revisions to the Horizontal Merger Guidelines in August of 2010 by the Department of Justice and Federal Trade Commission. These revisions were the first in [...]

Analysis of Public Filings Identifies the FCPA as a Top Risk to Operating Companies By Nicole Di Schino Despite the idiosyncratic risks that grabbed headlines during the fourth quarter of 2012 – Hurricane Sandy, the fiscal cliff and deepening uncertainty on the Euro zone periphery – a more constant risk continued to loom large in board [...]