MVA White Collar Defense, Investigations, and Regulatory Advice Blog

James P. McLoughlin, Jr., Neil T. Bloomfield, and Elena F. Mitchell issued a Client Advisory Update titled "Judge Refuses to Dismiss SEC Action Against RPM International and Its General Counsel Alleging Loss Contingency Disclosure Failures." On Friday September 29, 2017, U.S. District Judge Amy Berman Jackson denied the motions to dismiss filed by RPM International, Inc. and its general counsel, Edward Moore, discussed in our previous Client Advisory. Judge Jackson concluded the SEC’s allegations stated plausible fraud claims against RPM and Moore and RPM and Moore had ...

By Neil Bloomfield and Lindsey Frye.  This will be our first in a series of updates on the status of regulation and enforcement in the context of cybersecurity related issues.  Regulation and liability in the context of a cyber attack present complex questions.  The easy target is the individual or organization that committed that attack—the criminal hacker.  Unfortunately, the easy target is often beyond the jurisdiction of U.S. courts, and even if they are not, they lack the resources to provide a meaningful recovery.  Secondary targets, which have become the focus of ...

James P. McLoughlin, Jr., Neil T. Bloomfield, and Frank E. Schall issued a Client Advisory titled "Timely Disclosure of Investigation Loss Contingencies: The SEC’s Aggressive Enforcement Stance." The Advisory discusses SEC v. RPM International, Inc., No. 16-01803 (D.D.C. filed Sept. 9, 2016), in which the SEC has pushed its aggressive litigation strategy in pursuit of its policy of compelling registrants to accelerate loss contingency disclosures. The SEC filed against RPM International, Inc. and its general counsel, Edward Moore, alleging the failure to disclose a ...

Jim McLoughlin, Ed O’Keefe and Tom Pennington issued a client alert titled, “Focusing on the Mission While Watching Macro Trends,” on August 16, 2017. The alert provides clients with guidance on how to focus on a commonly understood corporate mission while watching for macro trends which ultimately will reduce the risk of unstable environments. The three macro trends discussed in the article include: The US Common Market Is Fraying; Reduced Returns Heighten Focus on Costs; and Process-Based Management Can Be More Fully Deployed. Click here to read more.