On May 18, 2022, the Fifth Circuit issued an opinion vacating a Securities and Exchange Commission (“SEC”) Administrative Law Judge’s (“ALJ”) decision that George Jarkesy, Jr. (“Jarkesy”) and his investment adviser Patriot28, L.L.C. (“Patriot28”) committed securities fraud.
On May 6, 2022, the Securities and Exchange Commission (“SEC”) announced a $5.5 million settlement of charges against NVIDIA Corporation (“NVIDIA”) for allegedly failing to adequately disclose in the Management’s Discussion and Analysis of Financial Condition and Results of Operations (“MD&A”) section of its Forms 10-Q the fact that cryptomining was a significant factor in the year-over-year growth in its more traditional gaming business.
On May 11, 2022, the U.S. Senate confirmed Alvaro Bedoya to an open seat on the Federal Trade Commission (“FTC”).
Connecticut is the fifth U.S. state, and the second this year after Utah passed the Utah Consumer Privacy Act (“UCPA”), to enact a comprehensive data privacy legislation.
In addition to its other responsibilities, the Committee on Foreign Investment in the United States (“CFIUS”) reviews certain transactions involving U.S. companies that store or collect sensitive personal information about citizens that may pose a threat to national security.
On April 18, 2022, the Securities and Exchange Commission (“SEC”) announced the fourth enforcement action arising from its EPS Initiative, charging Rollins Inc. (“Rollins”) and its former chief financial officer (“CFO”) with violating Section 17(a) of the Securities Act of 1933 (“Securities Act”) and Sections 13(a), 13(b)(2)(A), and 13(b)(5) of the Securities Exchange Act of 1934 (“Exchange Act”) by engaging in improper accounting practices in order to boost the company’s publicly reported quarterly earnings per share (“EPS”) to meet research analysts’ consensus estimates.
Consider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas.
Pursuant to the Foreign Investment Risk Review Modernization Act (“FIRRMA”), the Committee on Foreign Investment in the United States (“CFIUS”) now has authority to review non-controlling foreign investments in certain types of U.S. businesses that are involved with sensitive personal data of U.S. citizens, critical technology, or critical infrastructure.