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27 Jan 2017, 6:00 am by Doug Cornelius
by Kevin LaCroix in the D&O Diary Ever since the SEC released its cyber security disclosure guidelines in October 2011, commentators (including me) have been speculating whether the agency might try to nab a company whose disclosure practices the agency might use as sort of a test case on the guidelines’ requirements. [read post]
8 Mar 2023, 3:30 am by John Jenkins
Kevin LaCroix weighed-in on this decision this morning on The D&O Diary, and you should be sure to check out his commentary as well. [read post]
24 Aug 2012, 2:00 am by Kara OBrien
In this post, Kevin LaCroix discusses the case in detail. [read post]
27 Jul 2012, 2:00 am by Kara OBrien
In this post, Kevin LaCroix discusses the Cornerstone findings and possible explanations for the differences in the conclusion between this report and other published studies of first half filings. 3) SEC Actions: SEC Staff Report On Global Accounting Standards – Considerations, No Recommendation - Discussions regarding the use of international accounting standards have gone on for years. [read post]
6 Jun 2017, 6:51 am by Doug Cornelius
Gorman in SEC Actions The Hill completely blows Supreme Court’s decision in Kokesh, missing the main point by Professor Bainbridge Supreme Court Holds Disgorgement Claims Subject to Five-Year Statute of Limitations by Kevin LaCroix in the D & O Diary Supreme Court Benchslaps SEC Yet Again – Rules That Disgorgement Is A Penalty Subject To A Five Year Limitations Period by the FCPA Professor The SEC Reaching Back Far In The Past With Its Powers of Disgorgement [read post]
29 May 2012, 4:26 pm by Kevin O'Keefe
That’s part of the reason we’re starting to see securities suits surrounding the IPO, which Kevin LaCroix discusses at length on The D&O Diary. [read post]
8 Jan 2015, 3:04 am by Broc Romanek
Meanwhile, check out Kevin LaCroix’s “The Top Ten D&O Stories of 2014. [read post]
3 May 2016, 3:48 am by Broc Romanek
” Meanwhile, as captured in these notes from a panel of Corp Fin speakers, in fiscal 2015, Corp Fin reviewed the periodic reports of 4400 companies and 600 IPOs… Also check out this blog by Kevin LaCroix about “Yes, But WHY Are There So Many Fewer Publicly Traded Companies? [read post]
7 Jan 2013, 5:00 am
LaCroix on the world of directors’ and officers’ liability Delaware Corporate and Commercial Litigation Blog – From Francis G.X. [read post]
18 Jan 2018, 6:16 am by Doug Cornelius
Supreme Court Agrees to Take Up Challenge to Constitutionality of SEC ALJs’ Appointment By Kevin LaCroix in the D&O Diary If SCOTUS finds SEC ALJ appointments unconstitutional, what happens to tainted cases? [read post]
28 Oct 2011, 5:12 am by Broc Romanek
Judge Rakoff Questions the Citigroup-SEC Settlement: Hearing Scheduled As covered well by Kevin LaCroix today in his "D&O Diary Blog," Southern District of New York Judge Jed Rakoff has scheduled a November 9th hearing at which the SEC and Citigroup are directed to be prepared to answer 9 specific questions about the settlement that they reached a few days ago. [read post]
13 Jun 2016, 3:16 am by Broc Romanek
Here’s an excerpt from this blog by Kevin LaCroix that analyzes this new research from the Chamber of Commerce: Individual actors “may find their own legal interests to be at odds with those of the company’s. [read post]
14 Aug 2008, 12:10 am
- Ohio lawyer Kevin LaCroix of OakBridge Insurance Services at his blog, The D & O Diary New York, other states, move forward with metering programs - San Francisco journalist Dennis Pfaff at Thelen's Climate Law Update Production of ESI in paper format does not comply with rule 34 option to produce ESI in reasonably usable form; court orders re-production of certain ESI in native format - The blogging lawyers… [read post]
5 Oct 2018, 6:00 am by Doug Cornelius
Appellate Court: Coverage Precluded for Disgorgement “Penalty” by Kevin LaCroix in the D&O Diary In the latest development in nearly decade-long legal battle, a New York intermediate appellate court has held in light of the U.S. [read post]
14 Dec 2017, 3:31 am by Broc Romanek
Here’s the intro from this WSJ article on the same topic (also see this blog by Kevin LaCroix): The share of U.S. companies restating their results hit a six-year low in 2016, a sign that finance chiefs have strengthened their oversight of financial reporting in recent years. [read post]
It appears that ship has sailed, so to speak, as Kevin LaCroix at D&O Diary reported over the weekend that a plaintiff shareholder had filed a securities class action lawsuit against Norwegian Cruise Line Holdings, Ltd. alleging that the company employed misleading sales tactics related to the outbreak. [read post]
14 Nov 2016, 3:00 am by John Jenkins
A Climate Change-Related Securities Suit Here’s the intro from this blog by Kevin LaCroix: For many years, I have been raising the possibility of climate change-related corporate and securities litigation. [read post]
28 Oct 2015, 12:19 am by Broc Romanek
SEC Enforcement Actions Against Outside Directors Here’s the intro from this blog by Kevin LaCroix: From time to time, the SEC reiterates its view of the critical gatekeeper role companies’ outside directors play in safeguarding investors’ interests. [read post]
7 Jan 2013, 5:00 am by Doug Cornelius
LaCroix on the world of directors’ and officers’ liability Delaware Corporate and Commercial Litigation Blog – From Francis G.X. [read post]
27 Jan 2023, 3:30 am by John Jenkins
Kevin LaCroix posted a detailed analysis of this case on the D&O Diary this morning in which he raises some concerns about its potential implications: My concern here is that in light of this decision, it may be easier for plaintiffs to sustain claims that both officers and directors have breached their duty of oversight. [read post]