Month: September 2025

Since 1972, the SEC has adhered to a strict policy – enshrined in 17 C.F.R. § 202.5(e) – which prohibits a defendant from publicly denying the charges against him in the context of a standard SEC no-admit/no-deny settlement. In a recent opinion, the Ninth Circuit...

In the emerging AI industry, companies are quick to tout their AI capabilities to gain a competitive edge. The SEC and class action plaintiffs understand this and are increasingly asserting claims of “AI-washing” against companies that overstate their capabilities. In...