A few months ago, in our client alert titled “Mr. Bitcoin Goes to Washington,” we discussed the cryptocurrency industry’s significant political resurgence in the wake of the 2024 election. We not only forecasted a more...more
A rising tide does not necessarily lift all boats when it comes to increasing compliance in the world of crypto asset investments. In fact, the existence of a bull market or a seemingly friendly regulatory environment can...more
The SEC recently announced the creation of a Cyber and Emerging Technologies Unit (CETU) that will focus on fraudulent conduct in cybersecurity, digital assets, and emerging technologies such as artificial intelligence. For...more
Earlier this month, the SEC brought accounting fraud charges in the U.S. District Court for the Southern District of New York against the CEO, CFO, and Audit Committee Chair of Kubient, a company that purported to use AI...more
9/25/2024
/ Artificial Intelligence ,
Audit Committee ,
CEOs ,
CFOs ,
Corporate Governance ,
Enforcement Actions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Targeted Digital Advertising ,
Technology Sector
Earlier this week, the SEC announced an enforcement sweep charging seven public companies with violating the whistleblower protections rule in various employment-related agreements. These charges reflect the SEC’s continuing...more
9/12/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Enforcement Actions ,
Publicly-Traded Companies ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted...more
8/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Constitutional Challenges ,
Enforcement Actions ,
Judicial Authority ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment ,
Statutory Authority ,
Statutory Interpretation
Three federal judges in the Southern District of New York sit at the center of the long-running battle between the SEC and the crypto industry, overseeing cases that may eventually bring clarity to the industry. After two...more
8/14/2023
/ Blockchain ,
Buyers ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
Digital Platforms ,
Enforcement Actions ,
Howey ,
Investment Contract ,
Investment Platforms ,
Popular ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Sellers
A broad array of financial market participants—mutual funds, private funds, insurers, pension funds, family offices, individuals, and more—may be at risk after the Securities and Exchange Commission (SEC) secured summary...more
Last month, Gurbir Grewal, the Director of the SEC’s Division of Enforcement, spoke at the Financial Times Cyber Resilience Summit. During the remarks, he outlined the importance of cybersecurity and signaled that the SEC is...more
7/11/2023
/ Amended Rules ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Institutions ,
Incident Response Plans ,
Personal Data ,
Policies and Procedures ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC)
On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts have jurisdiction to hear structural...more
The DOJ and SEC have made no secret of their interest in combatting potential insider trading by high-level executives misusing Rule 10b5-1 plans. Those plans provide a potential safe harbor for executives trading their...more
3/15/2023
/ 10b5-1 Plans ,
Analytics ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Highly Compensated Employees ,
Insider Trading ,
MNPI ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Stock Trades ,
White Collar Crimes
When Congress passed the Dodd-Frank Act, it expanded the SEC’s power to use its in-house administrative forum to bring enforcement actions. Supporters said this change promoted investor protection by giving the SEC a more...more
Since early 2021, the SEC has emphasized that ESG-related issues are important to investors and a key SEC disclosure and enforcement priority. Although the agency’s heightened focus on these issues led to the recent proposal...more
5/12/2022
/ Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
False Statements ,
Mining ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations
Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we...more
1/19/2022
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Cooperative Compliance Regime ,
Corporate Culture ,
Corporate Liability ,
Corruption ,
Criminal Liability ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Securities and Exchange Commission (SEC) ,
UK ,
UK Bribery Act ,
White Collar Crimes