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Understanding the Department of Justice's New Safe Harbor Policy

Continuing its focus on incentivizing prompt and voluntary self-disclosure of criminal misconduct, Deputy Attorney General Lisa Monaco announced earlier this month a new U.S. Department of Justice (DOJ) Safe Harbor Policy...more

Enforcement Imperialism or Applying Precedent? SEC’s NFT Enforcement Actions Reignite Digital Asset Debate

Overreach. Jurisdictional landgrab. Regulation by enforcement. These terms and expressions — and many more “colorful” turns of phrase — are used by some to describe the Securities and Exchange Commission’s approach to...more

Risky Business: SEC Expands DCP Enforcement Using Company Risk Factors

Outside of the small circle of federal securities law nerds (we proudly proclaim our membership), the phrase "disclosure controls and procedures" (DCP) rarely garners much attention. However, a recent settled order issued by...more

SEC Enforcement to Defense Counsel: Stop Playing Games, Help Build Public Trust

Earlier this month at the Securities Enforcement Forum West, SEC Director of Enforcement Gurbir Grewal offered some plainspoken advice to the defense bar: Stop delaying investigations and help build the public's trust in the...more

SEC Relaunches and Adds Resources to Division of Enforcement's Crypto Assets and Cyber Unit

Continuing its focus on crypto enforcement, the SEC on May 3, 2022, announced the addition of 20 positions to its relaunched Crypto Assets and Cyber Unit – formerly the Cyber Unit. The additions nearly double the size of the...more

Exponential Growth in SEC Whistleblower Program: A Sign of Things to Come for FY 2022

"Record breaking" is how the U.S. Securities and Exchange Commission (SEC) described its whistleblower program results in FY 2021, and it's not hard to see why. The agency continued to receive tips from all corners of the...more

The SEC's Ears Remain Perked for an Abundance of Executive Perks

As we continue our review of FY 2021 SEC enforcement activity, we turn our attention to a topic that, if not already a key focus for publicly traded companies, should be. As part of their effort to recruit and retain...more

Ripple Effects of Recent Discovery Decision in SEC v. Ripple Labs, Inc.?

We interrupt our regularly scheduled fiscal year (FY) 2021 SEC Enforcement overview to address a recent discovery opinion in the closely followed SEC v. Ripple Labs, Inc., et. al matter out of the U.S. District Court for the...more

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