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SEC Keeping Eye On Non-GAAP Financial Disclosures Image

SEC Keeping Eye On Non-GAAP Financial Disclosures

Kirsten Ulzheimer

The SEC's Division of Corporation Finance continues to provide comments to issuers about non-GAAP financial measures, and the SEC's Division of Enforcement continues to investigate the accuracy of such non-GAAP metrics and, when necessary, will enforce charges against a company for providing misleading non-GAAP financial measures.

Features

To Benefit from Cyber Insurance Coverage in France, Don't Forget to File a Complaint Image

To Benefit from Cyber Insurance Coverage in France, Don't Forget to File a Complaint

Stéphanie Faber & Charles Helleputte

Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.

Features

FTC Revises Children's Online Privacy Rule to Extend Parental Consent to Targeted Advertising Image

FTC Revises Children's Online Privacy Rule to Extend Parental Consent to Targeted Advertising

Chris O'Malley

The Federal Trade Commission in January provided more details on its proposed changes to the Children's Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.

Features

Third Circuit to Rule on TikTok's Section 230 Immunity After Viral Stunt Turned Fatal Image

Third Circuit to Rule on TikTok's Section 230 Immunity After Viral Stunt Turned Fatal

Avalon Zoppo

The U.S. Court of Appeals for the Third Circuit has been asked to decide whether TikTok's "highly personalized" algorithm that feeds videos to users is considered first-party speech not immune from civil liability by Section 230 of the federal Communications Decency Act.

Features

Navigating Legal Real Estate Issues in the Cannabis Industry Image

Navigating Legal Real Estate Issues in the Cannabis Industry

Andy Sick

This article explores just a few of the major legal opportunities and pitfalls associated with real estate in the cannabis industry, shedding light on some of the potential complexities and issues that businesses and investors may face.

Features

SEC Revises Beneficial Ownership Reporting Rules Image

SEC Revises Beneficial Ownership Reporting Rules

Sarah Heaton Concannon & Alexander Schwartz

This article identifies certain information asymmetries in the SEC's beneficial ownership reporting rules, discusses the extent to which those information asymmetries are addressed (or not) under the SEC's recent rule amendments, and considers whether additional rule amendments or SEC guidance continue to be necessary.

Features

SEC Chief Warns Against 'AI Washing' Image

SEC Chief Warns Against 'AI Washing'

Maydeen Merino

Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as "AI washing."

Features

SCOTUS Seeks to Provide Clarity Over Investor Suits Image

SCOTUS Seeks to Provide Clarity Over Investor Suits

Jimmy Hoover

In a case that could either stem or unleash a tide of investor lawsuits, the Supreme Court searched for a narrow way to rule that might still be of some value to the securities bar.

Features

The EU AI Act Will Transform Practices for AI Governance In the U.S. Image

The EU AI Act Will Transform Practices for AI Governance In the U.S.

Dominique Shelton Leipzig

The EU AI Act solidifies one of the world's first comprehensive attempts to bring governance to unlock innovation in AI. U.S. companies have asked, what exactly does this development mean for their businesses?

Features

How Likely FTC's Comments On Copyright & AI May Become Policy Image

How Likely FTC's Comments On Copyright & AI May Become Policy

Isha Marathe

The FTC said that the misuse of training data like infringing on a work's copyright license is tantamount to unfair competition, thus implicating consumer protection with copyright policy and securing the agency's jurisdiction in the regulatory space.

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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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