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21 Aug 2023, 4:34 am by Peter Mahler
Contrary to her contention, she failed to establish a basis for an equitable tolling based on a breach of fiduciary duty (see Ilan Props., Inc. v Benishai, 205 AD3d 541, 542; cf. [read post]
26 Jul 2023, 9:01 pm by renholding
The release prescribes granular disclosures, which seem designed to better meet the needs of would-be hackers rather than investors’ need for financially material information.[8] The new rule, for example, requires disclosure of detailed information about issuers’ cyber risk management processes and governance and relevant personnel.[9] Second, the SEC’s potentially non-material risk management and governance disclosures veer into managing… [read post]
27 Jun 2023, 9:01 pm by renholding
Here are ideas that can be grouped into three categories: (1) greater use of private ordering to manage shareholder proposals; (2) exclude proposals on social policy issues that lack a material relationship with the company; and (3) changes to how the Commission staff processes shareholder proposals. [read post]
1 Feb 2023, 9:01 pm by renholding
Thank you Thomas [Kim] for that lovely introduction and I’m very pleased to be here at the Securities Regulation Institute giving the Alan B. [read post]
4 Oct 2022, 6:20 pm
Henrichsen, Henrichsen Law Group, PLLC, Jacksonville, FL, Victoria Blanche Kroell, Cole Scott & Kissane, PA, Jacksonville, FL, for Plaintiff-Appellant. [read post]
” Without admitting or denying the SEC’s findings, BNY Mellon agreed to a cease-and-desist order, censure, and payment of a $1.5 million penalty.[14] On June 10, 2022, the Wall Street Journal reported that the SEC was investigating  Goldman Sachs Group Inc. for its management of ESG investment funds. [read post]
21 Aug 2022, 9:01 pm by Lina M. Khan
How have jurisdictions successfully managed to police obligations such as “data minimization”? [read post]
17 Jul 2022, 3:45 am by Tom Sharbaugh
  As a former managing partner, I view this as a massive long-term risk factor. [read post]
29 Apr 2022, 5:01 am by Eugene Volokh
Kings Park Manor, Inc., for instance, the Second Circuit sitting en banc refused to hold a landlord liable for its tenants' racial harassment of fellow tenants, partly because of concern that such responsibility would pressure landlords to exercise undue power over tenants: [Under the alternative proposed by Francis,] prospective and current renters would confront more restrictive leases rife with in terrorem clauses, intensified tenant screening procedures, and intrusions into their… [read post]
28 Mar 2022, 3:44 am by Peter Mahler
Miami Beach v McGraw-Hill Cos., Inc., 120 AD3d 1052, 1055; see World Ambulette Transp., Inc. v Lee, 161 AD3d 1028; Matter of Pokoik v 575 Realties, Inc., 143 AD3d 487). [read post]
10 Jan 2022, 2:15 pm
  Like the trial court, we conclude that when Rice, as sole managing member of Triton, directed the company to disburse funds to pay his legal bills, it constituted a distribution to him subject to the charging order. [read post]
17 Oct 2021, 2:17 pm by admin
Merrell Dow Pharms., Inc., 911 F.2d 941, 958 (3d Cir. 1990); cf. [read post]
11 Oct 2021, 7:59 pm by Cynthia Marcotte Stamer
Federal government contractors and grant recipients should tighten cyber security policies, practices and internal controls to mitigate their exposure to civil False Claims Act claims by the Department of Justice (“DOJ”) under a new DOJ Civil Cyber-Fraud Initiative announced by DOJ last week. [read post]