News & Analysis as of

Investors Securities and Exchange Commission (SEC) Settlement

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for August 2024

More Flack on WhatsApp, Hypothetical Performance SmackDown, A Timely Warning on the Pay-to-Play Rule, and Updates to Qualifying Venture Capital Fund Exemption - This month's big news from the SEC was more piggy-bank breaking...more

Seward & Kissel LLP

SEC Shortening of Securities Transaction Settlement Cycle to Take Effect

Seward & Kissel LLP on

On February 15, 2023, the Securities and Exchange Commission (the “Commission”) adopted final rule amendments to shorten the standard settlement cycle for securities broker-dealer transactions from two business days after the...more

Seward & Kissel LLP

SEC Releases Materials on T+1 Settlement Cycle Adoption in Advance of May Compliance Date

Seward & Kissel LLP on

Who may be interested: Registered-Investment Companies; Investment Advisers; Broker-Dealers - Quick Take: In May 2023, the SEC adopted several Rules and Rule amendments which, among other things, shorten the standard...more

Mayer Brown

Securities and Exchange Commission Brings First Enforcement Actions Over “AI-Washing”

Mayer Brown on

On March 18, 2024 the US Securities and Exchange Commission (“SEC” or the “Commission”) announced that it had settled charges in separate actions against two investment advisers, Delphia (USA) Inc. (“Delphia”) and Global...more

Lowenstein Sandler LLP

SEC Settlements Highlight Governing Document Amendment Considerations for Private Funds

Limited partnership agreements and similar documents that govern private funds are often amended over the course of a fund’s life cycle. For example, many funds may be currently going through the amendment process in...more

Proskauer - Regulatory & Compliance

SEC Settlement Highlights Risks for 13G Filers When Moving from Passive to Active Status

The SEC’s recent enforcement settlement involving a fund manager highlights the SEC’s focus on an investor’s “control purpose” triggering the requirement to file on a Schedule 13D as opposed to a short-form 13G. At issue was...more

Seward & Kissel LLP

SEC Gets in Line at the Genesis Bankruptcy

Seward & Kissel LLP on

On January 31, 2024, bankrupt Genesis Global Holdco, LLC, on behalf of its subsidiary Genesis Global Capital, LLC1 asked the United States Bankruptcy Court for the Southern District of New York to approve a settlement reached...more

ArentFox Schiff

NFT Cat Fight: SEC Offensive Against NFTs Continues with Stoner Cats 2, LLC

ArentFox Schiff on

This public offering purportedly raised approximately $8.2 million from investors to finance Stoner Cats, an adult animated television show featuring house cats that gain sentience after exposure to their owner’s medical...more

Akin Gump Strauss Hauer & Feld LLP

The SEC’s First NFT Enforcement Action: SEC v. Impact Theory

Key Points - On August 28, 2023, the SEC charged Impact Theory, LLC, a media company with an unregistered securities offering through its sale of NFTs. This marks the first time that the SEC has brought an enforcement action...more

Shipkevich PLLC

Kraken Agrees to Settlement with SEC Including $30 Million Penalty

Shipkevich PLLC on

As of February 9, 2023, the Securities and Exchange Commission (SEC) has accused Payward Ventures, Inc. and Payward Trading Ltd, better known as Kraken, of failing to register the sale of their cryptocurrency...more

Foley & Lardner LLP

The SEC and State Regulators Target Crypto Lending in Nexo Settlement

Foley & Lardner LLP on

On January 26, 2022, the California Department of Financial Protection and Innovation (DFPI) announced its participation in a $22.5 million multi-state settlement with Nexo Capital Inc. (Nexo) relating to unregistered...more

Cozen O'Connor

In 2022, Opioids, Data Privacy, and ESG Dominated the State AG Landscape

Cozen O'Connor on

2022 was a landmark year for state attorneys general. From billion-dollar global settlements with players in each link of the opioids distribution chain to record-setting settlements with a tech giant, this past year AGs...more

Foley & Lardner LLP

SEC Adds Twenty New Crypto Asset Enforcers

Foley & Lardner LLP on

The Securities and Exchange Commission (SEC) recently announced that it will be adding 20 positions to its newly renamed Crypto Assets and Cyber Unit, including fraud analysts, investigative staff attorneys, trial counsels,...more

Patterson Belknap Webb & Tyler LLP

SEC Reaches Settlement with App Annie: Alternative Data and Implications for Investors

On September 14, 2021, the SEC announced it had reached a settlement with “a leading alternative data provider,” App Annie, and its co-founder and CEO, Bertrand Schmitt, to settle securities fraud charges related to their...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

Butler Snow LLP

Failure to Update Budget Projections in Bond Offering Prompts the SEC to Charge the School District and the CFO with Misleading...

Butler Snow LLP on

On September 16, 2021, the Securities and Exchange Commission (the “SEC”) charged Sweetwater Union High School District, a San Diego County School District (the “District”) and its former Chief Financial Officer (the “CFO”),...more

Goodwin

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action

Goodwin on

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more

Sheppard Mullin Richter & Hampton LLP

SEC Fine Highlights Importance of Cybersecurity Disclosures

The SEC recently announced a settlement with Pearson plc where the company has agreed to pay $1 million to settle charges that it misled investors about a 2018 cyber incident. According to the order, Pearson made misleading...more

Bass, Berry & Sims PLC

SEC Roars Into March Setting Stage for Heavy Enforcement Activity

Bass, Berry & Sims PLC on

Fittingly, the Securities and Exchange Commission (SEC) came into March like a lion. Over the first 10 days of March, several significant enforcement and compliance developments emanated from the SEC.  This notice briefly...more

Goodwin

SEC Issues No-Action Relief On Registered Funds’ Custody Of Loan Interests

Goodwin on

In this Issue. The U.S. Securities and Exchange Commission (SEC) was very active this week, having (i) issued no-action relief allowing registered funds to engage in self-custody of interests in loans that are originated,...more

Faegre Drinker Biddle & Reath LLP

The $180 Million Chinese Coffee Case for Attempting to Manage Earnings

Last week, on December 16, 2020, Chinese-based coffee chain Luckin Coffee Inc. (“Luckin”) agreed to a $180 million settlement with the United States Securities and Exchange Commission (“SEC”). Luckin’s American Depositary...more

Bass, Berry & Sims PLC

SEC Files First Charges for Inadequate Public Company COVID-19 Disclosures

Bass, Berry & Sims PLC on

In a prelude of things to come for public companies, on December 4 the Securities and Exchange Commission (SEC) sued restaurant operator The Cheesecake Factory Incorporated for making misleading disclosures regarding the...more

SECIL Law

SEC’s Investigation into Wells Fargo Concludes with Actions Against Senior Executives

SECIL Law on

On Friday, November 13, 2020, the U.S. Securities and Exchange Commission (“SEC” or “Agency”) followed up its February 2020 action against Wells Fargo & Co. (“Wells Fargo”) with actions against two senior officers—former...more

Goodwin

Securities Class Action Against Swiss-Based Company Dismissed On Forum Non Conveniens Grounds

Goodwin on

Securities Class Action Against Swiss-Based Company Dismissed On Forum Non Conveniens Grounds; Second Circuit Finds Strong Inference of “Conscious Recklessness” In Allegations And Reverses Dismissal of Securities Suit Against...more

King & Spalding

A Cautionary Tale on Non-GAAP Metrics

King & Spalding on

Increasingly used by REITs, non-GAAP metrics can provide insights into a company’s operating results that official GAAP metrics cannot. Such measures can demonstrate a company’s ability to deliver sustainable growth in...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide