Disclosures Not Helpful

A coalition of consumer groups put together a study to evaluate the effectiveness of new disclosures proposed by the SEC. In essence, the disclosures are supposed to help consumers recognize the differences between different types of financial advisers. The study… … Continue reading

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SEC Issues $1.75 Million Penalty Over Perks Disclosures

A recent SEC consent order against The Dow Chemical Company reminds companies that when evaluating whether or not to disclose a payment or benefit to an executive as a perk in a proxy statement, the fact that the item has a … Continue reading

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By: Ann K. Ford and James K.S. Stewart The immense rise in popularity of social networks has led to the proliferation of social media celebrities—individuals who have amassed a great number of “followers” based on their unique ability to artfully … Continue reading

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Ninth Circuit Splits From Other Circuits, Holding That a Negligence Standard Applies to a Claim Challenging Tender Offer Disclosures Under Section 14(e)

In Varjabedian v. Emulex Corp., No. 16-55088, 2018 U.S. App. LEXIS 10000 (9th Cir. Apr. 20, 2018), the United States Court of Appeals for the Ninth Circuit split from the Second, Third, Fifth, Sixth and Eleventh Circuits to hold that … Continue reading

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Online Merchant Cited for Inadequate Interest-Based Advertising Disclosures

Liftopia, an e-commerce platform that enables ski resorts to sell advance-purchase tickets online, was cited in a recent decision by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for failing to provide consumers with sufficient notice and choice … Continue reading

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