News & Analysis as of

Disgorgement Enforcement

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more

Lippes Mathias LLP

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

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Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in...more

Goodwin

SEC Speaks Conference 2024

Goodwin on

The SEC (U.S. Securities and Exchange Commission) recently hosted the 2024 SEC Speaks conference in Washington, DC. During the event, SEC leaders, including the Chair, commissioners, and senior staffers, shared their views...more

Freiberger Haber LLP

Enforcement News: SEC Files Complaint in Connection with a $300 Million Ponzi Scheme and Affinity Fraud

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By: Jeffrey M. Haber On many occasions, we have written about Ponzi schemes that have been the subject of enforcement actions brought by, and/or settlements with, the Securities and Exchange Commission (“SEC” or the...more

Freiberger Haber LLP

Enforcement News: Misappropriation of Client Funds and Stock Manipulation

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It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. In legal parlance, this aspect of a fraudulent investment scheme is called...more

White & Case LLP

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

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On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

A&O Shearman

Antitrust in focus - November 2023

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Börries Ahrens, partner based in Hamburg, is our editor this month. He has selected: Significant reforms to German...more

Pierce Atwood LLP

FERC Releases Fiscal Year 2023 Annual Enforcement Report

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The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (OE) recently issued its Fiscal Year 2023 Annual Report on Enforcement. As in previous years, the Enforcement Report discusses the activities performed...more

Proskauer - The Capital Commitment

2023 SEC Enforcement Results – Takeaways for Fund Managers

On November 14, 2023, the SEC’s Division of Enforcement announced its Enforcement Results for Fiscal Year 2023. Below are some key takeaways for fund managers: The Commission brought 760 total enforcement actions in FY...more

Vinson & Elkins LLP

The SEC Aces Its Report Card: Enforcement Activity Maintains Record Pace in 2023

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On November 14, the Securities and Exchange Commission (“SEC”) published its 2023 annual enforcement report which revealed a continuation of 2022’s record-setting enforcement activity.1 The SEC imposed $4.95 billion in...more

Cornerstone Research

SEC Enforcement Actions Against Public Companies and Subsidiaries Jump in FY 2023

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Total monetary value of settlements fell to lowest level in last eight fiscal years. The U.S. Securities and Exchange Commission (SEC) filed 91 enforcement actions against public companies and subsidiaries in fiscal year...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Reins in SEC Disgorgement Powers

In Securities & Exchange Commission v. Govil, No. 22-1658, 2023 WL 7137291 (2d Cir. Oct. 31, 2023), the United States Court of Appeals for the Second Circuit dealt a setback to the enforcement agenda of the Securities and...more

Dorsey & Whitney LLP

Department of Justice Seeks to Reward Due Diligence and Timely Self-Disclosures in Mergers & Acquisitions Through New Safe Harbor...

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The United States Department of Justice (DOJ) recently announced a new department-wide Mergers & Acquisitions Safe Harbor Policy that protects acquiring companies that self-disclose criminal misconduct discovered at an...more

Foley & Lardner LLP

Implications of DOJ’s New Safe Harbor for Disclosing Misconduct Uncovered During M&A Transactions

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U.S. Deputy Attorney General Lisa Monaco recently announced that the Department of Justice (DOJ) is adopting a new safe harbor policy to incentivize corporations to voluntarily self-disclose criminal misconduct discovered...more

BakerHostetler

DOJ Announces Department-Wide Safe Harbor Policy for Voluntary Self-Disclosures Made in the Context of Mergers and Acquisitions

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In an important policy announcement aimed at rewarding robust due diligence and compliance programs, DOJ announced that acquiring companies that promptly and voluntarily disclose criminal misconduct discovered at the acquired...more

Pierce Atwood LLP

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

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On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Enforcement/Construction/Demolition Waste: New York Attorney General Files Judicial Complaint Against 29 Waste...

The New York Attorney General (“AG”) filed a March 30th Complaint in the State of New York Supreme Court, County of Ulster, against 29 waste haulers and brokers. See Seggos, as Commissioner of the New York State Department of...more

Dechert LLP

SEC Releases 2022 Enforcement Division Results

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The Securities and Exchange Commission (“SEC”) released an annual summary, on November 15, 2022, of actions brought by the Division of Enforcement (“Division”) over fiscal year 2022 (“Enforcement Summary”), providing an...more

Proskauer - The Capital Commitment

2022 SEC Enforcement Results – Takeaways for Fund Managers

Yesterday the SEC’s Division of Enforcement announced its Enforcement Results for Fiscal Year 2022, and there are a few key takeaways for fund managers. The Commission brought 760 total enforcement actions in FY 2022,...more

Foley & Lardner LLP

Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision

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In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The...more

Vinson & Elkins LLP

Congress Expands SEC Enforcement Authority In Annual Defense Spending Bill

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NDAA- Provisions On January 1, 2021, the National Defense Authorization Act (NDAA) for Fiscal Year 2021 became law. Section 6501 of the NDAA includes amendments to the Securities Exchange Act of 1934 (the “Exchange Act”),...more

Lowenstein Sandler LLP

The SEC Division Of Enforcement Publishes 2020 Results

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On November 2, the Securities and Exchange Commission’s Division of Enforcement (the Division) published its 2020 Annual Report (the Report), which details the Division’s fiscal year (FY) ending September 30, 2020,...more

Eversheds Sutherland (US) LLP

DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices

On December 13, 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy), clarifying its prior guidance on voluntary...more

Proskauer Rose LLP

A Practical Guide to the Regulation of Hedge Fund Trading Activities - Chapter 5: Rule 105 of Regulation M and Tender Offer Rules

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Rule 105 of Regulation M may create more anxiety among compliance professionals in the hedge fund industry than any other SEC rule. It is a “strict liability” regime, meaning that you can be found in violation even if the...more

Thomas Fox - Compliance Evangelist

FCPA Compliance and Ethics Report-Episode 145-SEC Enforcement of the FCPA, Part II

In this episode which is Part II of my look at SEC enforcement of the FCPA, I consider whether profit disgorgement is available to the SEC in a strict liability enforcement action of violation of internal controls. ...more

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