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Check FAQAbout John
I am a graduate, NCTJ-qualified editor and communications professional with 16+ years of experience. I have an extensive, demonstrable history of creative and conceptual output and am a focused, critical thinker and strategist who is reliable, hard-working and calm under pressure. Disciplines include journalism, copywriting, editing and broadcasting. Specialities include advising executives on communications delivery, PR initiatives, brand image, crisis management, and product launches. My credentials include editing international magazines, conducting global press events, nurturing media relations, international broadcasting, and I am regarded as a reputable writer of executive-level speeches, annual reports, and sector and brand analyses. In terms of journalism, I am a regular contributor to UK-based newspapers The Sun and The Daily Mail, and a host of newspapers, magazines and media outlets in the Middle East and China (including Al Jazeera, QNA (Qatar News Agency), WAM (UAE News Agency), The South China Morning Post and Qatar Happening). I am experienced in developing relationships with top-level governmental figures, businessmen, chairmen, athletes, managers, actors/directors, and other figures of import to conduct interviews and break exclusive stories.
English
Fact Checking
Portfolio
British Photographic History
The British Photographic History blog, launched in 2009, serves as a forum for news and events within the British photographic community, attracting nearly 4100 members including curators, academics, students, and collectors. It covers lectures, exhibitions, job postings, reviews, and general news, with a focus on Britain but occasionally includes content of wider interest from Europe, the United States, Africa, and Asia. Weekly summaries are emailed to subscribers.
California Superior Courts Enforce Delaware Corporations’ Federal Forum Provision For Securities Act Lawsuits
Two California Superior Courts have upheld federal forum provisions in corporate documents for Delaware corporations, allowing them to preclude state court actions under the Securities Act of 1933. This follows the Supreme Court's Cyan Inc. v. Beaver County Employees Retirement Fund decision, which led to an increase in state court Securities Act claims and contradictory rulings on federal safeguards. The Delaware Supreme Court's Sciabacucchi v. Salzberg decision validated the enforceability of FFPs under Delaware law. The California courts' decisions in Wong v. Restoration Robotics, Inc. and In re Uber Technologies, Inc. Securities Litigation suggest that other courts may enforce FFPs, especially where shareholders have approved them. However, these decisions are not binding precedent outside of California and do not address FFPs for businesses incorporated outside of Delaware.
SEC Adopts Highly Anticipated Private Funds Rules
The U.S. Securities and Exchange Commission (SEC) has adopted new rules and amendments to the Investment Advisers Act of 1940, significantly impacting how investment advisers manage and administer private funds. The rules, categorized into those applicable to SEC-registered advisers, non-registered advisers, and all advisers, include requirements for private fund audits, quarterly statements, adviser-led secondary transactions, and additional record-keeping. The rules also impose restrictions on certain activities unless specific disclosure or investor consent requirements are met. The new regulations aim to enhance transparency and address conflicts of interest in the management of private funds.
Tennessee leads nation in statewide adoption of FirstNet for 9-1-1
Tennessee is leading the nation in upgrading its 9-1-1 network by adopting FirstNet as a backup for all primary public safety answering points (PSAPs). Curtis Sutton, Executive Director of the Tennessee Emergency Communications Board, emphasized the seamless integration and reliability of FirstNet, which has already proven effective in real-world scenarios. The state has focused on redundancy and cybersecurity in its new system, learning from past events like the 2020 Christmas Day bombing in Nashville. Future plans include ensuring interconnectivity with neighboring states and maintaining robust cybersecurity measures.
SEC Proposes New Rules to Encourage Private Fund Transparency and Address Certain Conflicts of Interest
The U.S. Securities and Exchange Commission (SEC) proposed new rules aimed at enhancing transparency and managing conflicts of interest for private fund investment advisers. The proposed rules include requirements for quarterly statements on fees and performance, mandatory annual audits, fairness opinions for adviser-led secondary transactions, prohibitions on certain adviser activities, and disclosure obligations for preferential treatment. The public comment period for these rules ends 30 days after their publication in the Federal Register or by April 11, 2022, whichever is later.
Bridge In Distress Sends Warning Using IoT Sensors
The Norwegian Public Roads Administration (NPRA) successfully averted a potential disaster on the nearly 80-year-old Stavå bridge using SAP's IoT sensors and digital twin technology. Senior engineer Kjetil Sletten acted swiftly upon receiving an automated alert about abnormal bridge movements, preventing further damage and ensuring public safety. The incident underscores the importance of advanced monitoring systems for aging infrastructure, with NPRA planning to expand its use of asset management systems for better predictive maintenance. The article highlights the broader implications for global infrastructure, particularly in the U.S. and Europe, where many bridges are structurally deficient.
First Decisions in COVID-19 Securities Motions to Dismiss Offer Mixed Results
Two recent federal court decisions on motions to dismiss in COVID-related class action securities litigations yielded mixed results. The Central District of California dismissed a claim against Velocity Financial for failing to disclose COVID risks, emphasizing that optimistic market projections are generally not sufficient for securities claims. Conversely, the Eastern District of Pennsylvania allowed most claims against Inovio Pharmaceuticals to proceed, particularly those related to overly-optimistic statements about the company's COVID-19 vaccine development. These cases highlight the importance of careful disclosure and cautionary language in public filings during the pandemic.
Dropbox Becomes Third California Superior Court Decision To Enforce Delaware Corporations’ Federal Forum Provision For Securities Act Lawsuits
Three California Superior Courts have upheld federal forum provisions (FFPs) in corporate documents to preclude state court actions under the Securities Act of 1933. These decisions, involving Restoration Robotics, Uber, and Dropbox, align with the Delaware Supreme Court's ruling in Sciabacucchi v. Salzberg, which validated the enforceability of FFPs under Delaware law. The courts found that FFPs help avoid duplicative litigation and are not procedurally unfair, as they allow shareholders to present federal law claims in federal courts. These rulings suggest a trend towards broader acceptance of FFPs, though they are not binding precedents and do not address entities incorporated outside Delaware.
New York Appellate Division Decides First Securities Act Case Since Cyan
On December 3, 2020, the New York State Appellate Division for the First Judicial Department dismissed a Securities Act of 1933 claim in Lyu v. Ruhnn Holdings Limited, marking the first time the New York Appellate Division has addressed such claims since the Supreme Court's Cyan decision. The court found that Ruhnn's offering documents adequately disclosed a shift in business models, leading to the dismissal of the complaint. This decision highlights that not all Securities Act claims will survive motions to dismiss in state courts, which are generally seen as more favorable to plaintiffs.
SEC Adopts New Rules on Investment Company Use of Derivatives
The U.S. Securities and Exchange Commission (SEC) has adopted new rules and amendments under the Investment Company Act of 1940, focusing on the use of derivatives and other instruments by investment companies and business development companies. The new rules aim to address investor protection concerns and provide a comprehensive approach to derivatives use. Key provisions include limitations on leverage risk, the requirement for a derivatives risk management program, board oversight, and specific reporting requirements. Leveraged and inverse ETFs will now be able to operate without seeking exemptive relief, subject to certain conditions. The rules will take effect 60 days after publication in the Federal Register, with an 18-month compliance period.
California Superior Court Enforces Delaware Corporation’s Federal Forum Provision For Securities Act Lawsuits
On September 1, 2020, the California Superior Court for San Mateo County upheld a federal forum provision in Restoration Robotics, Inc.'s corporate documents, marking the first instance outside of Delaware to do so. This decision follows the Delaware Supreme Court's ruling in Sciabacucchi v. Salzberg, which validated such provisions under Delaware law. The enforcement of the federal forum provision is significant in mitigating the adverse effects of the Supreme Court's Cyan decision, which has led to an increase in parallel state and federal litigation under the Securities Act of 1933. The California court's decision, while not binding precedent, suggests that other courts in California may also enforce federal forum provisions for Delaware corporations.
California Superior Court Enforces Delaware Corporation's Federal Forum Provision For Securities Act Lawsuits
On September 1, 2020, the California Superior Court for San Mateo County upheld a federal forum provision (FFP) in the corporate documents of Restoration Robotics, Inc., marking the first instance outside Delaware. This decision follows the Delaware Supreme Court's ruling in Sciabacucchi v. Salzberg, which validated FFPs under Delaware law. The ruling is significant as it may influence other courts to adopt similar stances, potentially reducing duplicative and costly litigation under the Securities Act of 1933. The decision underscores the importance of including FFPs in corporate documents to mitigate the adverse effects of multiple jurisdiction litigation.
District Courts In New Jersey And New York Dismiss Securities Class Actions Against Life Science Companies Emphasizing The High Pleading Bar With Respect To Optimistic Forward
The United States District Courts for the District of New Jersey and the Southern District of New York dismissed securities class action complaints against Antares Pharma and Nabriva Therapeutics. The courts emphasized that life science companies are not required to disclose all conceivable information and that optimistic forward-looking statements about FDA approval are protected under the safe harbor provision of the PSLRA. The decisions highlight that vague statements of corporate optimism, or 'puffery,' are not actionable under securities laws. These rulings provide important precedents for pharmaceutical companies facing similar lawsuits.
Ninth Circuit To Determine Applicability Of Affiliated Ute Presumption Of Reliance To Securities Fraud Actions
The Ninth Circuit Court of Appeals has granted an interlocutory appeal in the Volkswagen 'Clean Diesel' securities fraud class action to determine the applicability of the Affiliated Ute presumption of reliance. This presumption, originating from a 1972 Supreme Court case, allows plaintiffs to bypass proving direct reliance on misleading statements if the case primarily involves omissions. The decision could impact the ease with which securities fraud class actions can proceed, potentially increasing such cases if the presumption is upheld. The case centers on Volkswagen's alleged failure to disclose the use of defeat devices in vehicles, which misled bondholders about the company's compliance with emissions regulations.
Massachusetts District Court Dismisses Suit Against Pharma Company Finding That Optimistic Statements Regarding Drug Prospects Are Not Misleading Simply Because FDA Does Not Approve
The United States District Court for the District of Massachusetts dismissed a securities fraud class action against Alnylam Pharmaceuticals, Inc. Plaintiffs alleged Alnylam made misleading statements about the drug Onpattro, which was approved by the FDA for treating polyneuropathy but not cardiomyopathy. The court found that optimistic statements made by Alnylam were not materially misleading and were protected under the PSLRA's safe-harbor provision. The decision is significant for defendants in the life sciences industry facing similar claims.
SEC Re-Proposes Investment Company Derivatives Rule under the Investment Company Act
The U.S. Securities and Exchange Commission (SEC) re-proposed rules under the Investment Company Act of 1940 to enhance oversight of derivatives use by investment companies. The proposed rules include new responsibilities for fund boards, compliance, and reporting requirements, and due diligence for brokers and investment advisers. The rules aim to manage leverage risk, establish a derivatives risk management program, and set recordkeeping requirements. The proposal also includes exemptions for limited users of derivatives and alternative requirements for leveraged/inverse funds. Public comments are invited within 60 days of the proposal's publication in the Federal Register.
SEC Proposes Amendments to Advertising and Client Solicitation Rules under the Investment Advisers Act
The U.S. Securities and Exchange Commission proposed significant amendments to rules under the Investment Advisers Act relating to investment adviser advertising and client solicitation. The amendments aim to modernize and clarify regulations, addressing the use of current advertising technology and imposing new compliance requirements. The proposed changes include a more expansive definition of 'advertisement,' principles-based prohibitions in advertising, and specific rules for testimonials, endorsements, and third-party ratings. Performance advertising guidelines are also refined, and compliance requirements are updated, including a new pre-approval requirement for advertisements. The SEC is reviewing past guidance and no-action letters in light of the proposed rules and has opened a 60-day comment period for public input.
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