On June 27, 2024, the United States Supreme Court issued a much-anticipated decision in Securities and Exchange Commission v. Jarkesy, holding that parties subject to an enforcement action brought by the U.S. Securities and...more
7/12/2024
/ Civil Monetary Penalty ,
Dodd-Frank ,
Enforcement Actions ,
Enforcement Authority ,
Government Agencies ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Seventh Amendment
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
4/18/2024
/ Cooperation ,
Disgorgement ,
Electronic Communications ,
Enforcement ,
Enforcement Actions ,
Enforcement Statistics ,
Personal Liability ,
Recordkeeping Requirements ,
Regular Business Communications ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblowers
On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA), a new anti-bribery statute long considered as a likely accompaniment to the Foreign Corrupt Practices Act of 1977 (FCPA). The...more
On October 4, 2023, the United States Department of Justice (DOJ) announced a “safe harbor” policy for companies that voluntary self-disclose violations identified during the M&A process.
US Deputy Attorney General Lisa...more
10/10/2023
/ Acquisitions ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement ,
Mergers ,
Safe Harbors ,
Voluntary Disclosure
On September 13, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced a settlement with investment advisory firm Buckman Advisory Group LLC (“Buckman Advisory”) and its CEO Harry Buckman Jr. to settle...more
9/22/2022
/ Bonds ,
Cease and Desist ,
Cherry Picking ,
Elon Musk ,
Enforcement Actions ,
Investment Adviser ,
Misrepresentation ,
MSRB ,
Municipal Bonds ,
Rule 10b-5 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Settlement ,
Twitter ,
Underwriting ,
Whistleblowers
On August 15, 2022, the United States District Court for the Central District of California authorized the IRS to serve a “John Doe” summons on Ox Labs Inc., a cryptocurrency prime dealer doing business as SFOX. ...more
8/29/2022
/ Class Action ,
Cryptocurrency ,
CVS ,
Elon Musk ,
Fraud ,
IRS ,
John Doe Investigation ,
Oil & Gas ,
Pensions ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Summons ,
Twitter
On June 29, 2022, Grayscale Investments, LLC petitioned the U.S. Court of Appeals for the District of Columbia for review of the U.S. Securities and Exchange Commission’s June 29, 2022 final order disapproving of an October...more
7/14/2022
/ Accredited Investors ,
Bitcoin ,
Breach of Duty ,
Caremark claim ,
CFTC ,
Chicago Mercantile Exchange (CME) ,
Exchange-Traded Products ,
FinCEN ,
Fraud ,
Futures ,
Insider Trading ,
Investors ,
NYSE ,
Proposed Amendments ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Shareholder Litigation ,
Shareholders ,
Trading Platforms
On June 3, 2022, the Delaware Court of Chancery dismissed the final two counts in an action against California biotech firm Vaxart, Inc., finding that plaintiffs failed to adequately allege that certain non-public information...more
6/16/2022
/ Amazon ,
Books & Records ,
Class Action ,
Class Certification ,
Dismissals ,
Fraud-on-the-Market ,
Incentive Compensation ,
Leave to Amend ,
Material Nonpublic Information ,
Pharmaceutical Industry ,
Rebuttable Presumptions ,
Securities Fraud ,
Shareholder Rights ,
Shareholders ,
Stock Prices ,
Vaccinations
SEC Proposes Rule Amendments Requiring Climate-Related Disclosures; Southern District of New York Dismisses Securities Fraud Claims Against U.S. Stock Exchanges for Lack of Standing; Southern District of New York Dismisses...more
4/6/2022
/ Article III ,
Climate Change ,
Comment Period ,
Disclosure Requirements ,
Dismissals ,
Environmental Social & Governance (ESG) ,
Investors ,
Proposed Rules ,
Public Comment ,
Putative Class Actions ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Standing ,
Stock Exchange