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Investment Enforcement Actions Investors

Carlton Fields

SEC Penalties for Off-Channel Communications: Still Blowing in the Wind

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The SEC has increased its enforcement efforts against firms that are registered as broker-dealers and/or investment advisers for alleged violations of federal securities laws involving “off-channel communications.” Such...more

Foley Hoag LLP

Highlights from CFIUS’ 2023 Annual Report to Congress

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On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS) published its Annual Report to Congress for the Calendar Year 2023. The report provides key statistics on the CFIUS process and the...more

Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Mintz

EnforceMintz — Despite Few Enforcement Actions in 2023, PE Investment in Health Care Remains a Hot Topic

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Private equity (PE) investment in the health care industry has grown significantly over the last decade. This past year was no exception. While total deal volume lagged behind 2021 record highs, PE health care deal activity...more

Sullivan & Worcester

2024 Investment Adviser Regulatory and Compliance Annual Letter

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In 2024, investment advisers – those registered with the U.S. Securities and Exchange Commission (SEC) and those that file notices as exempt reporting advisers - will continue to feel the impact of the SEC’s recent rule...more

DarrowEverett LLP

Venture Capital Firms Face New Reporting Requirement With California Law

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Over three and a half years since the death of George Floyd spurred some members of the venture capital community to enact promises to increase their investments in diverse entrepreneurs, California has enacted legislation in...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Antitrust

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and filing requirements....more

Dechert LLP

Update on UK Cryptoasset Marketing Rules: What Do Firms Need to Do by 8 October?

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From 8 October, firms wishing to make a “financial promotion” relating to a “qualifying cryptoasset” can only do so legally if: The financial promotion is communicated by an FCA- or PRA-authorised person....more

Dechert LLP

SEC Brings First-Ever Enforcement Action Against Non-Fungible Cryptocurrency Tokens

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The Securities and Exchange Commission (“SEC”) issued a cease-and-desist order on August 28, 2023, charging Impact Theory, LLC (“Impact Theory”) with conducting an unregistered offering of crypto asset securities in violation...more

Jones Day

SEC Pursues Violations of Rule 12b-25: Has "Broken Windows" Returned?

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The U.S. Securities and Exchange Commission ("SEC") has charged a group of small companies with making deficient filings on Form 12b-25, harkening back to the SEC's "broken windows" strategy from the last decade....more

Morrison & Foerster LLP

Top 5 SEC Developments for July 2023

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. This...more

Sheppard Mullin Richter & Hampton LLP

Hot Antitrust Enforcement Climate Reaches Private Equity

Antitrust enforcement has been heating up over the last few years in several areas – notably in healthcare and labor. As the antitrust climate intensifies and spreads, private equity (PE) firms are starting to feel the heat,...more

Ankura

How Cybersecurity Protects Valuation: Considerations for Private Equity in the Deal Lifecycle

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Cybersecurity risk applies to businesses of all sizes and across all industries – it is a risk that cannot be ignored. In particular, cybersecurity risk can no longer be ignored in the deal lifecycle...more

Mintz

The Last Remaining FX Defendant Prevails at Trial

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Introduction - Class Plaintiffs in the case of In re Foreign Exchange Benchmark Rates AntiTrust Litigation alleged that Defendant banks conspired to fix prices in the foreign exchange (“FX”) market in violation of Sections 1...more

Sheppard Mullin Richter & Hampton LLP

SEC Showcases Lesser-Known Legal Theory in Crypto Lending Suit

The Securities Exchange Commission (“SEC” or “Commission”) has taken action against Genesis Global Capital, LLC (“Genesis”) and Gemini Trust Company, LLC (“Gemini”) (collectively, “Defendants”) in a recently-filed complaint...more

Gray Reed

IRS Continues to Hunt for Cryptocurrency Investors with John Doe Summonses

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The IRS knows it has a problem, in that it knows there are far more cryptocurrency transactions than are being reported on tax returns. The IRS may also get an $80 billion increase in funding for enforcement that will help...more

Foley Hoag LLP - White Collar Law &...

ESG Enforcement Actions Underscore SEC Focus on Public Company and Investment Adviser Disclosure

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

Sheppard Mullin Richter & Hampton LLP

Securities and Exchange Commission V. LBRY; Is Your Crypto Project Illegal?

While the crypto community is rightfully focused on the Ripple case to see how the SEC will fare in court on enforcements alleging cryptocurrency offerings are a security, a lesser-known case may provide clarity first. The...more

Bass, Berry & Sims PLC

The Not So Green-Friendly Practice of Greenwashing

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As investors, advisers, corporations and other stakeholders become increasingly focused on environmental, social and governance (ESG) investments and disclosures, regulators are becoming increasingly concerned with potential...more

Proskauer - Whistleblower Defense

SDNY: Confidentiality Agreement Impeded Investors from Whistleblowing

On November 17, 2021, the U.S. District Court for the Southern District of New York held that a company and its CEO violated Rule 21F-17 of the Exchange Act by entering into confidentiality agreements with investors that...more

Bradley Arant Boult Cummings LLP

SEC’s Recent Enforcement Actions a Sign of Increased Scrutiny of SPACs

In one of the most high-profile actions recently undertaken by the Securities and Exchange Commission’s Fort Worth Office, the SEC in late October settled securities fraud charges for nearly $40 million against Akazoo, S.A.,...more

A&O Shearman

Consulting Firm Settles Allegations That It Had Inadequate Procedures For Handling Of MNPI Between Units

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On November 19, 2021, the Securities and Exchange Commission (“SEC”) announced that an affiliate of McKinsey & Company (“McKinsey”), McKinsey Investment Office Partners, Inc. (“MIO”), had agreed to pay an $18 million penalty...more

McDermott Will & Emery

Affaire Illumina / Grail : La Commission européenne Dit « Pause ! »

McDermott Will & Emery on

Le 29 octobre 2021, la Commission européenne (« Commission ») a adopté des mesures provisoires dans le cadre d’une enquête de gun-jumping afin d’éviter la réalisation anticipée de l’acquisition de la société américaine Grail...more

White & Case LLP

US continues to chart its own course on standard essential patents

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Taiwanese businesses should watch for continued assertions on 5G, IoT - The number of disputes involving standard essential patents (SEPs) is increasing, both in the United States and worldwide. This trend is expected to...more

Bradley Arant Boult Cummings LLP

Private Equity in the Crosshairs

Private equity investors in nursing homes should brace and prepare for an active near-term enforcement environment. Congressional skepticism of private equity involvement in healthcare, developments in False Claims Act cases...more

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