Under the rule amendments, the SEC significantly revised public company business disclosure rules for the first time in more than 30 years. The amendments were crafted from a proposed rule released in August 2019 that was part of a comprehensive review by the SEC of the disclosure requirements per a study mandated by the JOBS Act.
This article, which explores federal court jurisdiction over foreign business entities in the context of an American professional baseball player’s lawsuit against a Japanese professional baseball team and its corporate owner, uses the decision of the District Court finding personal jurisdiction over the team, but not its owner, as a springboard for a broader discussion of the jurisdictional issue. It explores the various analyses that are employed by courts in the Third Circuit and other Circuits, focusing particularly on the interactive nature of websites as a basis for the exercise of personal jurisdiction.
On June 22, 2020, in Liu v. SEC, the Supreme Court affirmed in an 8-1 ruling that the Securities and Exchange Commission may continue to pursue disgorgement awards under the federal securities law provided that the award is capped at the defendant’s net profits, and further, provided that the award is made for the benefit of wronged investors. In so holding, the Court struck a middle ground by narrowly preserving one of the most powerful enforcement mechanisms available to the agency but limiting the awards more closely than the awards the SEC has sought over the years.
The COVID-19 crisis is forcing land use boards to pioneer unconventional means of doing business. Although states are largely free to regulate the procedure of these meetings, the right to public comment is constitutionally guaranteed.
In a crisis, fraud risk is elevated significantly. Temple Law alumna, Oksana Wright, discusses the management actions and corporate compliance measures that can be taken to tackle the potential for fraud in periods of uncertainty like this one.
“My path to General Counsel of Arcadia University was anything but typical, but my legal education and the experiences I had along the way have equipped me with the skills necessary to help lead the University through this unprecedented time.”
Temple Law alumni William Taylor (LAW ’06) outlines how the whistleblower immunity provision of the Defend Trade Secrets Act (DTSA) can be used to develop a strategy for trade secret holders to mitigate the risk of incurring civil and criminal penalties stemming from the company’s alleged misconduct.
Obermayer attorneys discuss potential developments in the federal contracting process for small businesses.
