- In Liu v. SEC, No. 18-1501, the Supreme Court upheld the SEC’s ability to obtain disgorgement as a form of equitable relief in civil actions in federal court, pursuant to 15 U.S.C. § 78u(d)(5).
- However, the Court...more
6/30/2020
/ 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)
- DOJ’s update offers additional insights into its approach to evaluating corporate compliance programs.
- The update places emphasis on compliance programs that are continuously improving, data driven and supported with...more
6/12/2020
/ Acquisitions ,
Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Due Diligence ,
Mergers ,
Policies and Procedures ,
Risk Assessment ,
Risk Management ,
Third-Party Risk
- The Supreme Court has unanimously reversed the convictions of the state officials in the “Bridgegate” scandal.
- This decision will have broader implications beyond the context of political corruption and will also...more
5/15/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud
The 2018 Midterm Elections are over and the lame duck session of Congress has begun. Americans across the country cast their ballots for candidates for the House of Representative and the Senate in what was widely perceived...more
11/16/2018
/ Election Results ,
Federal Elections ,
General Elections ,
Lame Duck Session ,
Political Campaigns ,
Political Candidates ,
Political Parties ,
Polling ,
Popular ,
Public Policy ,
Senate Committees ,
Trump Administration ,
U.S. House
In this episode, Akin Gump congressional investigations practice co-heads Rafi Prober and Steve Ross look at the history of Hill investigations and how the midterm elections may change their emphasis and targets.
Among the...more
11/6/2018
/ Congressional Committees ,
Congressional Investigations & Hearings ,
Enforcement Actions ,
Executive Branch ,
General Elections ,
Impeachment ,
Legislative Agendas ,
Political Candidates ,
Political Parties ,
Presidential Elections ,
Private Sector ,
Senate Committees ,
State Elections ,
Trump Administration ,
U.S. House
House Passes Resolution to Expand Congressional Subpoena Power
and Demand Extraordinary Compliance from its Targets -
Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more
10/25/2017
/ Attorney-Client Privilege ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Constitutional Challenges ,
Criminal Contempt ,
Department of Justice (DOJ) ,
Executive Branch ,
Oversight Committee ,
Proposed Legislation ,
Statutory Requirements ,
Subpoenas ,
Trump Administration ,
Witnesses
On April 3, 2016, it became public that an anonymous source had leaked 11 million confidential documents, known as the “Panama Papers,” belonging to the Panama-headquartered international law firm Mossack Fonseca. As more of...more