Posts

Showing posts with the label SEC

A Guide to Archiving Websites

Many organizations struggle with retaining historical website content. Archiving your website is a critical step if you want to maintain an accurate record of content, communications, and legal compliance over time. Without proper archiving, you risk losing versions of pages, real-time share prices, trading value, filings or financial reports, and legal disclaimers that could be relevant in disputes or regulatory audits. Why Does Website Archiving Matter for Compliance? More than just a technical process, website archiving is fundamental to meeting regulatory requirements and supporting legal defensibility. Financial institutions, health care organizations, and publicly listed companies often face strict requirements from agencies such as the SEC, FINRA, FAA, and FTC. If you are managing compliance, you could work with an archiving solution to automatically capture every update, correction, or addition to a website. Regular archiving helps to demonstrate that your organization is ad...

How Founders and Private Companies Can Mitigate Risks of a Government Investigation

Government investigations can be costly. A simple subpoena for documents could entail collecting hundreds of thousands of documents from your email servers and personal devices, hiring attorneys to review and produce documents, and sitting for hours of interviews with government investigators. And if that investigation uncovers evidence of violations, the consequences could include significant penalties for a company and its principals. Private companies are not immune from these risks. The anti-fraud provisions of federal securities laws apply to private companies, and the US Securities and Exchange Commission (SEC) has not shied away from pursuing private companies (as well as their officers and directors) for alleged fraud. The US Department of Justice (DOJ) also closely scrutinizes startups and their founders. And because of the relatively long statute of limitations for securities fraud (five years for SEC civil enforcement and six years for DOJ criminal prosecution), statements m...

Cybersecurity Resources for Boards in the U.S., UK, and EU

Image
Boards in the United States, United Kingdom, and European Union face increasing pressure to oversee cybersecurity risks amid evolving regulatory expectations. Our Privacy, Cyber & Data Strategy Team highlights key resources, frameworks, and reporting obligations shaping board-level cybersecurity governance across jurisdictions. Explores U.S., UK, and EU guidance on board-level cybersecurity governance Identifies emerging regulatory trends and reporting requirements Provides practical tools to strengthen oversight and resilience Boards across the United States, United Kingdom, and European Union are under growing pressure to demonstrate effective oversight of cybersecurity risks. As incidents become more frequent and impactful, boards must not only understand their responsibilities but also stay informed about evolving legal obligations, best practices, and governance expectations. Earlier this year, the French national cybersecurity regulator (ANSSI) hosted a first-of-its-kind tab...

Dos and Don’ts for CCOs: How You Can Avoid Firm and Personal Liability for Wholesale Compliance Failures

In July 2025, the  SEC settled charges  against the Chief Compliance Officers (CCOs) of two investment advisers that involved backdating compliance documents and attempting to conceal these fabrications from examiners. The settlements imposed civil monetary penalties for both officers as well as a three-year bar for the more severe violation. These actions reinforce a lesson that should be familiar: regardless of the party in power, regulators do not look kindly on backdated documents or attempts to mislead them. While most CCOs would never consider engaging in similar conduct, any action against a CCO in their personal capacity inevitably raise broader questions in the industry about what other actions could expose a CCO to personal liability. Put another way: most CCOs understand not to go 60 miles per hour in a school zone, but what if they roll through a stop sign? While every case will be judged individually, SEC staff members have previously provided  some guidance ...

SEC Considers Shift to Semiannual Reporting for Public Companies

The Securities and Exchange Commission (SEC) is actively evaluating whether to transition from the current quarterly reporting regime for domestic public companies to a semiannual reporting framework. Although no formal proposal or timeline has been released, recent public statements by President Donald Trump and SEC Chair Paul Atkins indicate strong support for such a shift. However, significant hurdles and practical considerations remain before any such implementation can take effect. Key Takeaways The SEC is considering a shift from quarterly to semiannual reporting for public companies.   No formal proposal has been issued, but recent statements suggest movement toward this change.   Implementation would require significant regulatory updates and substantial market buy-in, which could take years.   Companies should monitor developments and assess potential impacts on compliance and reporting practices.   Background Semiannual reporting is not new to the U.S. cap...