On May 20, the Commodity Futures Trading Commission’s (CFTC’s) Division of Enforcement issued new public guidance on civil monetary penalties that is designed to increase transparency in penalty determinations. ...more
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more
1/10/2020
/ Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Financial Industry Regulatory Authority (FINRA) ,
Fund Managers ,
Injunctions ,
Investment Firms ,
Investment Funds ,
Investment Management ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Self-Reporting
Directors and officers are exposed to potential liability from suits by the company, shareholders, and debt holders, among others. There are, however, a number of protections available to protect the assets of directors and...more
12/27/2017
/ Asset Protection ,
Board of Directors ,
Corporate Officers ,
D&O Insurance ,
Department of Justice (DOJ) ,
Derivative Suit ,
Enforcement Actions ,
Indemnification ,
Insurance Industry ,
Liability Insurance ,
Personal Liability ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation
The DOJ’s Yates Memo makes individual prosecutions a higher priority and makes a company’s own identification of potentially culpable individuals an explicit factor in assessing cooperation credit....more
9/14/2015
/ Corporate Fines ,
Corporate Governance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
DPA ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Non-Prosecution Agreements ,
Proffer Agreement ,
Securities and Exchange Commission (SEC) ,
Wells Notice ,
Whistleblowers ,
White Collar Crimes ,
Willful Misconduct