In the first artificial intelligence (AI)-washing enforcement cases brought by the SEC and U.S. Department of Justice (DOJ) under the Trump Administration, on April 9, 2025, the SEC and the U.S. Attorney's Office for the...more
7/10/2025
/ Artificial Intelligence ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Fraud ,
Indictments ,
Investors ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
On May 22, 2025, the SEC brought a case of affinity fraud before the U.S. District Court for the Northern District of California against Bay Area real estate investor Kenneth Mattson alleging more than $46 million in...more
7/2/2025
/ Criminal Prosecution ,
Fraud ,
Investment Fraud ,
Investors ,
Ponzi Scheme ,
Real Estate Investments ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Regulation ,
Securities Violations ,
White Collar Crimes
In Hollywood, the sequel (or, even more so, the third installment) is rarely as good as the original movie. In the world of enforcement, the same rings true....more
3/6/2025
/ Artificial Intelligence ,
Consent Order ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Financial Crimes ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Subsidiaries ,
White Collar Crimes
2024 brought several important decisions of the U.S. Supreme Court (SCOTUS) and the courts of the state of Delaware concerning how corporations, their boards of directors and officers interact with investors, regulators and...more
12/12/2024
/ Administrative Law Judge (ALJ) ,
Board of Directors ,
Business Judgment Rule ,
Bylaws ,
DE Supreme Court ,
NVIDIA ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Shareholder Votes
This Holland & Knight blog post is the second installment in a two-part series that examines the challenges to the U.S. Securities and Exchange Commission's (SEC) charges in its landmark case against SolarWinds Corp....more
7/29/2024
/ Board of Directors ,
Chief Information Security Officer (CISO) ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Enforcement Actions ,
Fraud ,
Incident Response Plans ,
Material Misrepresentation ,
Misleading Statements ,
Publicly-Traded Companies ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
SolarWinds
The U.S. District Court for the Northern District of California on May 30, 2024, approved a settled final judgment against technology company Arista Networks' former chairman and CEO, Andreas "Andy" Bechtolsheim based on...more
6/11/2024
/ Acquisitions ,
Breach of Duty ,
Civil Monetary Penalty ,
Confidential Information ,
Enforcement Actions ,
Insider Trading ,
Material Nonpublic Information ,
Misappropriation ,
Rule 10b-5 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Settlement ,
Stock Options ,
Target Company
A recent enforcement action from the Fort Worth Regional Office of the SEC reminds one of the agency's investor-protection mission and continued focus on those who deceive retail investors in the private offer and sale of...more
6/27/2023
/ Enforcement Actions ,
FEMA ,
Howey ,
Jurisdiction ,
Material Misrepresentation ,
Material Misstatements ,
Misappropriation ,
Offering Documents ,
Offering Fraud ,
Omissions ,
Ponzi Scheme ,
Real Estate Investments ,
Registration Requirement ,
Retail Investors ,
Reves v Ernst & Young ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations
Enforcement was in the air this Valentine's Day for the New York and Forth Worth Regional offices of the SEC, who on Feb. 14, 2023, announced charges against Christopher S. Kirchner – the former CEO of supply chain logistics...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