By: Seth Bilbrey With venture capital firms and other investment companies flocking to social media to promote investment projects, courts are being forced to look at a depression era securities law to determine what exactly a “seller” is.[1] The 1933 Securities Act (“Securities Act”) has allowed investors who have purchased unregistered securities, or who were…

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By: Cassy Sulzer On September 29, 2023, the U.S. Supreme Court granted certiorari to hear the Securities and Exchange Commission (“SEC”) disclosure liability case of Moab Partners, L.P. v. Macquarie Infrastructure Corp.[1] The Supreme Court will consider whether a failure to make a disclosure required under Item 303 of Regulations S-K of the Securities Act…

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By: Olivia Woodmansee In July 2023, the Securities and Exchange Commission (“SEC”) voted to adopt a final rule on cybersecurity disclosure for public companies.[1]  The rule is predicted to fundamentally alter most, if not all, public companies’ incident response processes.[2]  The SEC now requires companies to disclose material cybersecurity incidents via Form 8-K within four…

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