Negligence-Based Theories And A Cautionary Tale For GCs

Law360, New York (September 19, 2016, 3:06 PM EDT) -- On Sept. 9, 2016, the U.S. Securities and Exchange Commission filed a complaint against RPM International Inc. and the company's general counsel and chief compliance officer. The SEC claims the company submitted false and misleading SEC filings that failed to disclose any loss contingency relating to a U.S. Department of Justice investigation that the company eventually settled for $60.9 million. The SEC also charged the GC/CCO individually for his failure to inform RPM and its auditors about material facts relating to the investigation. Although a company's estimates for litigation loss contingencies are typically subject to considerable judgment, the case is a reminder that the SEC will focus on suspected delays in disclosing and accruing for those contingencies. Here, the SEC has taken the additional step of pursuing, under negligence theories, an individual corporate officer involved in those judgments....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!