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ARTICLE · 02 AUGUST 2019

Hypothetical Risk Factors Pose A Real Risk

Proskauer Rose LLP
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On July 24, 2019, the Securities and Exchange Commission (the "SEC") announced charges against Facebook Inc. ("Facebook")

United StatesCorporate/Commercial Law

On July 24, 2019, the Securities and Exchange Commission (the "SEC") announced charges against Facebook Inc. ("Facebook") for making misleading statements and risk factor disclosures regarding the misuse of Facebook user data in its public filings for over two years. The SEC's charges allege that, in the wake of the Cambridge Analytica breach, Facebook's disclosure related to the risk of misuse of user data as merely hypothetical was misleading when Facebook knew that a third-party developer had actually misused Facebook user data.

Without admitting or denying the SEC's allegations, Facebook agreed to pay $100 million to settle the charges and a permanent injunction from future violations of the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended (the "Exchange Act").

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