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On September 25, 2024, the Enforcement Division announced settled actions against 23 companies and individuals relating to Section 16 and Section 13 reporting.  The various actions involved:
Failure of individuals to file Section 16 reports;
Failure of companies to report delinquent Section 16 reports; and
Failure of companies to file Forms 13D, 13G, 13F, and

On September 9, 2024, the SEC announced settled charges against seven companies for attempting to limit whistleblower rights through provisions in employment, separation and other agreements.  As you can read in the SEC’s Press Release and the related Orders, one  company tried to force employees to waive their right to whistleblower awards such as those

On September 10, 2024, the SEC announced a settled enforcement action against Keurig Dr Pepper, Inc. related to statements the company made in its 2019 and 2020 Form 10-Ks about the recyclability of its K-Cup coffee and tea pods.  In Item 1 of the company’s Form 10-K for the year ended December 31, 2020, the

In the year a company completes an acquisition, ICFR reporting for the combined business can be problematic.  If the acquired company has been private, or has not built an ICFR evaluation process, it may not be practicable to include the acquired business in the acquiror’s assessment of ICFR, and, if applicable, in the auditor’s attestation

On June 24, 2024, CorpFin issued five new C&DIs addressing cybersecurity incident reporting on Form 8-K Item 1.05.  The C&DIs focus on situations where a company has experienced an attack such as a ransomware attack.  For example, C&DI 104B.05 states that if a company experiences an attack and makes a ransomware payment before a materiality

Several years ago, on May 3, 2021, the SEC announced a settled enforcement action against Under Armour, Inc.  The starting point for this case was a 23% stock price drop when Under Armour disclosed that their revenue growth rate, historically over 20%, had fallen to 12% for the fourth quarter of 2016.  According to the

On June 18, 2024, the SEC announced a settled enforcement action against R.R. Donnelly & Sons Co. focused on both ICFR and disclosure controls and procedures related to cybersecurity risk.  As you can read in the related Order, the company used an outside service provider to help monitor cybersecurity matters.  The service provider notified the company’s