This year had already seen an uptick in federal enforcement activity focused on digital assets with the expansion of the SEC’s Crypto Assets and Cyber Unit (see our prior client alert on that expansion and its impact here)...more
8/3/2022
/ Blockchain ,
Corporate Counsel ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Insider Trading ,
Investment Contract ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
White Collar Crimes
The formation of SEC Enforcement’s Climate and ESG Task Force last year confirmed that ESG had become one of the agency’s top enforcement priorities, and signaled that an uptick in investigations and enforcement actions...more
In a move that further executes upon the SEC’s increasingly tough rhetoric on cryptocurrency and cybersecurity, SEC Enforcement recently announced that it will nearly double the size of its newly-renamed Crypto Assets and...more
6/16/2022
/ Corporate Counsel ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Services Industry ,
Investment Adviser ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC)
This is the sixth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in sanctions & export controls enforcement. Up next: trends in False Claims...more
3/1/2022
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
False Claims Act (FCA) ,
Popular ,
Private Funds ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Whistleblowers
This is the second post in this year’s series examining important trends and new development in white collar law and investigations. Our previous post discussed health care enforcement. Up next: trends in tax...more
2/17/2022
/ Anti-Corruption ,
Biden Administration ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Governments ,
Internal Controls ,
Money Laundering ,
OECD ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends....more
3/19/2021
/ Anti-Corruption ,
Asia ,
Biden Administration ,
CFTC ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Latin America ,
NDAA ,
Securities and Exchange Commission (SEC) ,
UK ,
White Collar Crimes
Editors’ Note: With the advent of the Biden presidency, we invite you to join us as we examine important trends in white collar law and investigations. Our first entry takes a closer look at SEC enforcement. Up next: a review...more
3/11/2021
/ Biden Administration ,
CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Disclosure ,
Disgorgement ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Financial Reporting ,
Foreign Corrupt Practices Act (FCPA) ,
Insider Trading ,
Market Manipulation ,
Private Funds ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
On January 11, 2021, the U.S. Supreme Court vacated the 2019 decision of the U.S. Court of Appeals for the Second Circuit in United States v. Blaszczak, which substantially broadened the scope of criminal insider trading...more
1/25/2021
/ Appeals ,
Bridgegate ,
Carpenter v US ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Dirks v SEC ,
Employees ,
Hedge Funds ,
Insider Trading ,
Investigations ,
Kelly v United States ,
Personal Benefit ,
Remand ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Tippees ,
White Collar Crimes
Last month, General Electric agreed to pay a $200 million penalty to settle an SEC enforcement action arising from alleged disclosure violations concerning the company’s power and health insurance businesses. According to...more
On January 1, 2021, Congress significantly expanded the SEC’s authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited...more
On December 4, 2020, the SEC brought its first case charging a public company, The Cheesecake Factory, with making misleading disclosures about the effects of COVID-19 on its business operations and financial condition. The...more
12/8/2020
/ Annual Reports ,
Broker-Dealer ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Disclosure Requirements ,
Employee Training ,
Financial Reporting ,
Financial Statements ,
Form 8-K ,
Insider Trading ,
Investment Adviser ,
Penalties ,
Policies and Procedures ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
On November 2, 2020, the SEC’s Division of Enforcement issued its Annual Report for fiscal year 2020. The Report provides a useful look at Enforcement’s accomplishments, priorities, and challenges over the past year. Notably,...more
Just before the close of its fiscal year, the Securities and Exchange Commission (SEC) brought three noteworthy financial reporting cases against issuers that resulted from the agency’s increasingly sophisticated use of...more
On September 23, 2020, the Securities and Exchange Commission (SEC), in a 3-2 vote, approved several significant amendments to, and interpretive guidance on, the rules governing its whistleblower program. Most...more
On August 12, 2020, the SEC Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert that identifies potential issues related to the COVID-19 pandemic for SEC-registered investment advisers and...more
9/16/2020
/ Broker-Dealer ,
Business Continuity Plans ,
Business Operations ,
Compliance ,
Coronavirus/COVID-19 ,
Data Protection ,
Fees ,
Investment Adviser ,
Investment Fraud ,
OCIE ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Remote Working ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Supervision
The U.S. Supreme Court’s decision last month in Liu v. SEC raises the question of whether disgorgement payments in SEC enforcement actions should now be deductible for federal income tax purposes. The Court held that a...more
7/13/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more
7/7/2020
/ Aiding and Abetting ,
Bribery ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Disgorgement ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Mens Rea ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
Following up on previous guidance, Steven Peikin, Co-Director of the SEC Division of Enforcement (“Enforcement”), provided updated detail on Enforcement’s response to the COVID-19 pandemic in a virtual keynote address last...more
Making clear that it remains focused on misallocation of fees and expenses by private fund advisers, the SEC last week brought a settled administrative proceeding against Monomoy Capital Management, L.P., a New York-based...more
The recently-reported sales of stock by several U.S. Senators following private briefings on the COVID-19 pandemic, apparently allowing them to avoid significant losses before the markets plummeted, have focused attention on...more
On April 2, Securities and Exchange Commission (SEC) Chairman Jay Clayton announced that despite the COVID-19 emergency, the SEC will not extend the June 30 deadline for compliance with Regulation Best Interest (Reg BI) and...more
On March 23, the SEC Division of Enforcement (Enforcement) issued a public statement bluntly warning issuers and insiders connected to them, along with broker-dealers and investment advisers, about the unique risks of insider...more
3/27/2020
/ Broker-Dealer ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Executives ,
Corporate Issuers ,
Global Code of Ethics ,
Insider Trading ,
Internal Controls ,
Investment Advisers Act of 1940 ,
Policies and Procedures ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
In response to the widespread outbreak of the COVID-19 pandemic in the United States, the U.S. Securities and Exchange Commission (SEC) has granted some flexibility to issuers with respect to their obligations to file...more
States Seek to Expand upon SEC Regulation Best Interest -
In a rebuke of the U.S. Securities and Exchange Commission (the “SEC”), the Massachusetts Securities Division recently announced its own fiduciary rule for...more
On January 7, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued its annual examination priorities for the coming year (2020 Priorities). The 2020 Priorities are important for regulated entities,...more