Blog
A Company’s Representations Relating to its Cybersecurity Can be the Basis of a Section 10(b) Fraud Action
SolarWinds is a major software company that sells high-end software to governmental and private entities and provides system management tools for network and infrastructure monitoring to hundreds of thousands of...
Hiding the Ball: The Implications of the Marketing Rule
A recent order by the Commission in In the Matter of Wahed Invest, LLC, No. 3-22283 (Nov. 1, 2024) (the “Order”) issued against Wahed Invest LLP (“Wahed”) illustrates the operation of the Marketing Rule. Wahed, a financial services company based in New York, is subject to federal law and regulations, including the Investment Act, since it has been registered with the Commission as an investment adviser since 2015. On November 1, 2024, the Commission published a cease-and-desist order against Wahed for disseminating ads containing endorsements from professional athletes on its website, through emails, and on social media posts that failed to provide the disclosures required under the Marketing Rule.
The Delaware Court of Chancery Finds Justified Fee-Shifting Against a Corporation Based on Egregious Conduct in Books and Records Action
The general rule in the United States justice system, the so-called “American Rule,” is that each party to litigation must pay its own attorney’s fees. The underlying rationale for the rule is that a plaintiff should not be...
Consumer Alert: Lowey Dannenberg, P.C., Investigates Claims Against Toyota Motor Corporation
Bought a Lexus, Prius, Camry, Highlander, or Corolla after Nov 14, 2022? Concerned about your consumer rights? Contact Lowey Dannenberg.
Worldwide Probe Sparks Investigation Over Alleged Fragrance Ingredient Price Rigging
International Investigation Spurs Class Action Lawsuit Alleging Price-Fixing of Fragrance Compounds and IngredientsOn April 18, 2023, a class action lawsuit was filed against Givaudan SA, International Flavors &...
Celebrity Endorsements Gone Awry
The SEC Targets Celebrities for Nondisclosure of Crypto Promotions On March 22, 2023, the U.S. Securities and Exchange Commission (“SEC”) announced charges against crypto asset entrepreneur Justin Sun and three of his...
Don’t Press Replay: Third Circuit Rules in Favor of User Privacy with Popa Decision
Popa v. Harriet Carter Gifts, Inc., 45 F. 4th 687 (3d Cir. 2022), reh’g granted and opinion vacated, No. 21-2203, 2022 WL 10224695 (3d Cir. Oct. 18, 2022), and on reh’g, 52 F. 4th 121 (3d Cir. 2022) In August 2022, the...
When “Free” is Not Actually Free
As the calendar year draws to close, the last thing on most Americans’ minds is filing their taxes. While the holidays occupy the collective consciousness for now, in little more than a month, come January 2023, Americans...
What is a Securities Attorney?
If you’ve heard the terms “securities attorney” or “investment lawyer” and don’t know what they mean, you are not alone. With this article, we hope to clarify what a securities lawyer does and how a securities lawyer may...
SEC’s Recent ESG Crackdown
SEC announced the creation of the climate and Environmental, Social, and Governance (“ESG”) Task Force in March 2021. The Task Force was created to identify misconduct in ESG-related disclosures and any material gaps or...