Above Board
Above Board
Boards of directors and senior management around the globe turn to our lawyers for customized and practical support when facing their most pressing challenges. From crisis management to fiduciary obligations and compliance to board structure, our cross-practice board advisory team provides support that is relevant and accessible to companies of every size and in many industry sectors. We believe that strong board and executive leadership is essential to the success of every company, and work to inspire and support excellence in governance and board leadership.
With Above Board™, we invite you to learn more about the many ways that we can support and strengthen your board, your organization, and your impact.
U.S. SEC Issues Updated Guidance on Cybersecurity Disclosure Under Item 1.05 of Form 8-K
On June 24, 2024, the Staff of the U.S. Securities and Exchange Commission (SEC)’s Division of Corporation Finance (“Corporation Finance”) issued five new Compliance and Disclosure Interpretations (“C&DIs”) to address certain interpretative issues regarding cybersecurity incident reporting under Item 1.05 of Form 8-K where a company has made a ransomware payment.
Takeaways for In-House Counsel from the SEC’s “Shadow Insider Trading” Trial
On April 5, 2024, a jury in California federal court found a former corporate executive liable for insider trading in SEC v. Panuwat, a novel enforcement action involving a theory known as “shadow trading.”
Above Board: Developments in DEI Litigation and Enforcement
In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier speak with Morrison Foerster partners Carrie H. Cohen, former Assistant U.S. Attorney in the Southern District of New York and Assistant Attorney General in the Civil Rights Bureau of the New York State Attorney General’s Office, and Andrew Turnbull, co-head of the firm’s Employment + Labor Group and DEI Strategy + Defense Task Force, about developments in diversity, equity, and inclusion (DEI) litigation and enforcement.
DOJ Updates Its Guidance on Corporate Compliance Programs, with an Emphasis on AI and Whistleblowers, 26 Sep 2024
Top 10 International Anti-Corruption Developments for August 2024, 19 Sep 2024
Top 10 International Anti-Corruption Developments for May 2024, 18 Jun 2024
DOJ Criminal Division Initiates Self-Disclosure Pilot Program for Individuals, 29 Apr 2024
The Foreign Corruption Risks of Electric Vehicle Production, 01 May 2024
Top 10 International Anti-Corruption Developments for March 2024, 17 Apr 2024
DOJ to Pay Whistleblowers, 19 Mar 2024
MoFo's 2023 FCPA Year in Review, 08 Feb 2024
Top 10 International Anti-Corruption Developments for December 2023, 18 Jan 2024
Top 10 International Anti-Corruption Developments for November 2023, 18 Dec 2023
Top 10 International Anti-Corruption Developments for October 2023, 15 Nov 2023
Top 10 International Anti-Corruption Developments for September 2023, 19 Oct 2023
Top 10 International Anti-Corruption Developments for August 2023, 13 Sep 2023
Top 10 International Anti-Corruption Developments for July 2023, 15 Aug 2023
Top 10 International Anti-Corruption Developments for June 2023, 28 Jul 2023
Latest Symptom of the Health Care Crackdown: DOJ Announces New Task Force Targeting Sector’s Anti-Competitive Conduct, 16 May 2024
Healthcare Antitrust Crackdown Evokes Techlash, 13 May 2024
Potential Exceptions Under FTC’s Non-Compete Ban, 01 May 2024
FTC Issues Final Rule Banning Non-Competes, 23 Apr 2024
Potential Exceptions Under FTC’s Non-Compete Ban, 01 May 2024
U.S. SEC Issues Updated Guidance on Cybersecurity Disclosure Under Item 1.05 of Form 8-K, 25 Jun 2024
The SEC’s Controls-Based Approach to Cybersecurity Enforcement Continues, with an Accounting Twist, 25 Jun 2024
Prohibitions on Data Broker Sales to Foreign Adversaries Just Expanded, 06 May 2024
The Commerce Department's Stored Communications Act Problem, 23 Apr 2024
Effective This Week: EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA, 09 Jul 2024
The rise of ESG as a social pillar in Latin America, 10 Jun 2024
Landmark Law on Artificial Intelligence Is Approved by the European Parliament, 23 May 2024
EU Cyber Resilience Act Raises the Cybersecurity Bar for Digital Products, 23 May 2024
Commerce Curbs Connected and Autonomous Vehicles with a Nexus to China or Russia, 27 Sep 2024
FAC Extends Recordkeeping Requirements from Five to 10 Years; Issues Paperwork Reduction Act Request for Comments, 13 Sep 2024
Commerce Announces New Trade Controls Affecting Quantum Technologies and AI Developers, 12 Sep 2024
D.C. Circuit Limits DOJ’s Ability to Retroactively Enforce FARA, 14 Jun 2024
DOJ National Security Division Issues First-Ever Declination Under Voluntary Self-Disclosure Policy, 29 May 2024
FARA-Like or FARA-Light? State Regulation of Foreign Influence, 30 Apr 2024
War Aid and Sanctions: National Security Act Includes Significant New Sanctions Authorities, 29 Apr 2024
CFIUS Updates: New Rules to Sharpen Process and Enforcement Authorities, 25 Apr 2024
War Aid and Sanctions: National Security Act Includes Significant New Sanctions Authorities, 29 Apr 2024
FARA-Like or FARA-Light? State Regulation of Foreign Influence, 30 Apr 202
U.S. SEC Adopts Amendments to Reg S-P, 28 May 2024
Above Board: SEC Enforcement - Control Violations and Compliance Best Practices, 14 May 2024
Q&A with Morrison Foerster’s Silva: It could take years before SEC’s climate regulation is back on track, 07 May 2024
Takeaways for In-House Counsel from the SEC’s “Shadow Insider Trading” Trial, 16 Apr 2024
SEC 'Shadow Trading' Victory Could Bring DOJ Knocking, 08 Apr 2024
Top 5 SEC Enforcement Developments for June 2024, 16 Jun 2024
The SEC’s Controls-Based Approach to Cybersecurity Enforcement Continues, with an Accounting Twist, 25 Jun 2024