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Consequences from the Ukrainian Conflict

Diplomatic efforts to prevent Russia’s invasion of Ukraine did not prevail, and unfortunately the conflict continues. Although we don’t wish to overlook or dismiss the pain and suffering that is attendant to war, and while we hope for a quick, safe resolution, there are and will continue to be unintended consequences that stem specifically from the invasion and generally from the destabilization in global affairs. At this time, you and your organization should be mindful of, among other things, the following:

  • Do we need to revisit our Risk Factors (especially if you have released earnings and already filed your Form 10-K)? Do we need to expand upon (with specificity) our Risk Factor disclosure if the conflict in Ukraine poses a material threat to our business and operations? Do we need to address this situation in the “Business” section of our Form 10-K?

  • Are our cyber defenses hardened? Are they sufficient? Have we alerted our employees to be especially vigilant during these times? Are we prepared should we experience an attack? What is our immediate action plan in the wake of any such attack?

  • Are we prepared to respond if a key vendor suffers an attack? What alternatives are on the table should one of our business partners experience a disruption, or worse, a shutdown, due to its operational ties to Russia?

Because events continue to unfold, we will continue to monitor the situation and provide necessary updates.

Copyright ©2023 Nelson Mullins Riley & Scarborough LLPNational Law Review, Volume XII, Number 56
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Erin Reeves McGinnis Securities Lawyer Nelson Mullins
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Erin focuses her practice on securities transactions, including public and private offerings of securities, 1933 Act filings, 1934 Act reporting, corporate governance, SEC compliance, FINRA compliance, and general corporate matters, with a specific emphasis on real estate investment trusts (REITs). She also has significant experience with “Blue Sky” regulatory matters, as well as working with boards of directors and committees thereof, including agenda-setting. Additionally, she counsels clients seeking to create and raise capital through Qualified Opportunity Funds per the recently...

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Wes Scott Corporate Attorney Nelson Mullins Nashville Law Firm
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Wes serves as primary outside counsel to public and private companies with respect to their securities offerings, SEC and FDIC reporting requirements, stock exchange listing compliance, M&A, and corporate governance and general corporate matters.  In particular, Wes focuses his practice on the financial institutions industry, including banks, bank holding companies, investment banks and other depositary institutions, the healthcare industry, including medical device, life sciences, clinical trial and healthcare IT companies, and the REIT industry, including public and private REITs,...

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Richard B Levin FinTech and Regulation Attorney Nelson Mullins Denver
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Richard is chair of the FinTech and Regulation Practice and was one of the first lawyers to focus on the regulation of blockchain and digital assets. He is considered a thought leader in the FinTech space. Richard brings his experience as a senior legal and compliance officer on Wall Street and in London to bear in advising clients on corporate, FinTech, securities, and regulatory issues. A problem-solver by nature, he has been advising FinTech clients on legal and regulatory issues since the start of electronic trading in the late 1990s. His practice focuses on helping...

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