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Current Developments in SEC Enforcement for Public Companies
The US Securities and Exchange Commission (SEC) continued its significant focus on public companies in 2022 with its enforcement and rulemaking programs. This heightened level of attention will likely continue as the SEC approaches the end of its fiscal year on September 30, 2023, and into fiscal year 2024. Recent enforcement activity points to several areas of interest for the SEC—and provides a valuable window for public companies into the SEC’s priorities—including the following... Please see full Publication below for more information.
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Enhanced Global Russian Sanctions and Export Controls to Counter Circumvention
On May 19, in response to Russia’s ongoing invasion of Ukraine, the United States, in coordination with allies and partners, announced new sanctions restrictions and export controls targeting Russia’s evasion networks, critical technology-acquisition channels, energy extraction capabilities and financial conduits. A key new reporting obligation has also been created for holders of property of the Russian Central Bank and Ministry of Finance. Please see full Article below for more information.
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Joining Other Government Regulators, NLRB GC Seeks to Curb Most Non-Compete Agreements
On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo took yet another step to ban restrictive covenants in the employment context. In a memo issued to all regional offices, she set forth her view that nearly all non-compete provisions, with very limited exceptions, violate the National Labor Relations Act (“NLRA”). Although GC Abruzzo’s memo is not binding law, as we’ve previously reported, the issuance of the memo is the latest in a series of aggressive governmental efforts, including from the Federal Trade Commission and the Department of Justice’s Antitrust Division, to curb the use of non-compete agreements, which typically restrict employees from working for a competitor or opening a competing business. Please see full Alert below for more information.
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Global Regulators React to Banking Sector Turbulence
The spring of 2023 saw more dislocation in the global financial sector than any time since the 2008-09 financial crisis. In the US, banking institutions with over $500 billion in total assets failed, and other banks that were publicly traded saw their share prices come under significant pressure, leading to intervention by the authorities. In Europe, Swiss regulators undertook similar measures. The rapidity of these failures came as a surprise to both regulators and the general public. With instability not fully subsiding, US, UK, and European regulators have begun to consider how to calibrate their supervisory regimes in response. Please see full Publication below for more information.
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Holland & Knight Health Dose: May 31, 2023
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. Please see full Publication below for more information.
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Another Decision Admitting Evidence of FDA §510(k) Clearance
Kelley v. C.R. Bard, Inc., 2023 WL 2565853 (N.D. Ga. March 17, 2023), reconsideration denied, 2023 WL 3032063 (N.D. Ga. April 21, 2023), became the latest decision to follow what used to be (before the Pelvic Mesh litigation used the law in this area as a settlement tool) the overwhelming majority rule, that FDA decisions...
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Guest Post: Inigo’s 2023 Defense Counsel Survey
In the following guest post, Ed Whitworth, the Head of Directors and Officers Liability at Inigo, and Yera Patel, Head of Casualty & Financial Lines Claims and Analytics for Inigo, summarize the results of a recent survey Inigo conducted of U.S. securities litigation defense counsel. The original of the survey summary previously was published on...
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Listeria, it is a nasty Bug
An Introduction to Listeria Listeria (pronounced liss-STEER-ē-uh) is a gram-positive rod-shaped bacterium that can grow under either anaerobic (without oxygen) or aerobic (with oxygen) conditions. [4, 18] Of the six species of Listeria, only L. monocytogenes (pronounced maw-NO-site-aw-JUH-neez) causes disease in humans. [18] These bacteria multiply best at 86-98.6 degrees F (30-37 degrees C), but...
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What type of background must a corporate secretary have?
Another in the newbies series: Even though most states have a state corporation law that requires that companies incorporated in that state must have a corporate secretary (for example, see Section 142 of the Delaware General Corporation Law), there is no standardized set of responsibilities to serve as a corporate secretary in the United States....
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Nebraska’s Sun Sprout Enterprises issued FDA Warning Letter after sickening 63 with Salmonella in 8 States
Alfalfa sprouts with Salmonella Typhimurium linked to illnesses in Arizona (1), Iowa (6), Kansas (6), Missouri (9), Nebraska (26), New Hampshire (1), Oklahoma (1) and South Dakota (13). As reported by Food Safety News, SunSprout Enterprises is on notice from the FDA after an inspection of their sprouting operation. The inspection was prompted by epidemiological...