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Compliance Hotline
PSLRA Pleading Requirements Not Altered by SOX
The Eleventh Circuit has dismissed a pension fund's securities fraud complaint ruling that it did not contain the requisite specificity for pleading scienter under the 1995 Private Securities Litigation Reform Act. In particular, the court held that 'channel stuffing' is not per se a fraudulent act and that that the personal certifications of senior executives required by the Sarbanes-Oxley Act (SOX) are not indicia of their actionable scienter. Garfield v. NDC Health Corp., No. 05-14765 (Oct 12).
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.