On January 25, 2023, Hunton Andrews Kurth’s retail industry team released its annual Retail Industry in Review publication, which provides an overview of key issues and trends that impacted the retail sector in the past year, as well as a preview of relevant legal issues retailers can expect to arise in 2023.
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Securities and Exchange Commission
SEC Fines Morgan Stanley $35 Million for Alleged Failure to Protect Customer Data
On September 20, 2022, the U.S. Securities and Exchange Commission announced that Morgan Stanley Smith Barney agreed to pay a $35 million fine for the firm’s alleged failure to adequately protect the personal information of approximately 15 million customers.
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The SEC Charged Several Individuals and Entities in a Fraudulent Hacking Scheme
On August 16, 2022, the Securities and Exchange Commission charged 18 individuals and entities in relation to their involvement in a fraudulent hacking scheme. …
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T-Mobile to Pay $500 Million to Settle Claims Related to 2021 Breach
On July 22, 2022, T-Mobile entered into an agreement to settle a class action lawsuit stemming from its 2021 data breach. …
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President Biden Issues Executive Order on Digital Assets
On March 9, 2022, the Biden Administration released its much-anticipated “Executive Order on Ensuring Responsible Development of Digital Assets”. …
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SEC Proposes Cybersecurity Rules for Public Companies
On March 9, 2022, the Securities and Exchange Commission held an open meeting and proposed new cybersecurity disclosure rules for public companies by a 3-1 vote. …
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SEC Proposes New Cybersecurity Rules for Investment Managers
On February 9, 2022, the SEC proposed new cybersecurity compliance and disclosure rules for the investment management industry in a three to one vote.
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DOJ Announces New Cyber-Fraud Initiative and Intent to Utilize False Claims Act to Spur Compliance
On October 6, 2021, Deputy Attorney General Lisa Monaco announced the launch of the new Civil Cyber-Fraud Initiative that will use the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients. …
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SEC Settles with Alternative Data Provider for $10 Million
On September 14, 2021, the Securities and Exchange Commission announced that analytics firm, App Annie Inc., and its co-founder and former CEO, agreed to pay approximately $10 million to settle securities fraud charges for engaging in deceptive practices and making material misrepresentations about “alternative data” sold by the company. Notably, this is the SEC’s first enforcement action charging an alternative data provider with securities fraud. …
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SEC Charges Investment Advisers and Broker-Dealers with Deficient Cybersecurity Procedures
On August 30, 2021, the U.S. Securities and Exchange Commission announced it had settled three administrative cases involving a total of eight registered broker-dealers and investment advisers for failures in their cybersecurity policies and procedures.
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