Paul H. Schoeman, partner and co-chair of the White Collar Defense and Investigations practice co-authored an article titled "Something Old, Something New: Securities Enforcement in the Age of Social Media," which appeared in the New York Law Journal on Dec. 10, 2018. The authors examine how recent actions against Tesla and its CEO Elon Musk, stemming from statements Musk made on his Twitter account about taking Tesla private, show that the Securities and Exchange Commission has turned its attention toward social media, and that statements made on these platforms will be subject to the same regulatory scrutiny as more traditional forms of communications. They also examine measures corporations should consider adopting to protect against regulatory actions related to executives' social media use and question whether a differently regulatory regime may be more appropriate for spontaneous statements made via social media.
Read the full article here.