As anticipated in an earlier SECond Opinions post, the U.S. Securities and Exchange Commission (SEC) voted 3-1 today to approve proposed amendments to Form Private Fund (PF), a form the commission uses to collect data about...more
As we continue our review of FY 2021 SEC enforcement activity, we turn our attention to a topic that, if not already a key focus for publicly traded companies, should be. As part of their effort to recruit and retain...more
Enhanced disclosure requirements may be coming soon for hedge funds and private equity firms. U.S. Securities and Exchange (SEC) Commissioner Chair Gary Gensler said on Jan. 19, 2022, that the regulator will vote next week on...more
We continue our year-end review of SEC enforcement activity and turn our attention to a topic grabbing seemingly daily headlines across multiple industries: cybersecurity. As the risks – and realities – of cyberattacks...more
1/21/2022
/ Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Enforcement Priorities ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC)
The U.S. District Court for the Northern District of California in SEC v. Panuwat, a case we discussed in a previous blog as having significant repercussions for insider trading enforcement in fiscal year (FY) 2022, just...more
We interrupt our regularly scheduled fiscal year (FY) 2021 SEC Enforcement overview to address a recent discovery opinion in the closely followed SEC v. Ripple Labs, Inc., et. al matter out of the U.S. District Court for the...more
Last month, Holland & Knight published an alert that broke down the SEC Division of Enforcement (Division) Annual Report for the fiscal year (FY) 2021...more
The U.S. Securities and Exchange Commission's (SEC) Division of Enforcement (Division) published its Annual Report for Fiscal Year 2021 on Nov. 18, 2021. The Annual Report – the first issued under new Enforcement Director...more
12/1/2021
/ Annual Reports ,
Compliance ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Enforcement Statistics ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Whistleblower Awards ,
Whistleblowers
The U.S. Court of Appeals for the Fifth Circuit on Oct. 12, 2021, became the first federal appellate court to decide whether a disgorgement award entered against defendants in an U.S. Securities and Exchange Commission (SEC)...more
The Financial Industry Regulatory Authority (FINRA) issued a regulatory notice on Oct. 8, 2021, encouraging its broker-dealer members to review and prepare to incorporate into their own compliance programs the national...more
10/18/2021
/ AML/CFT ,
Bank Secrecy Act ,
Broker-Dealer ,
Compliance ,
Enforcement Actions ,
Examination Priorities ,
Financial Industry Regulatory Authority (FINRA) ,
New Guidance ,
Non-Bank Lenders ,
Nonbank Firms ,
Regulatory Oversight