On December 4, 2020, the SEC brought its first case charging a public company, The Cheesecake Factory, with making misleading disclosures about the effects of COVID-19 on its business operations and financial condition. The...more
12/8/2020
/ Annual Reports ,
Broker-Dealer ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Disclosure Requirements ,
Employee Training ,
Financial Reporting ,
Financial Statements ,
Form 8-K ,
Insider Trading ,
Investment Adviser ,
Penalties ,
Policies and Procedures ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
On August 12, 2020, the SEC Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert that identifies potential issues related to the COVID-19 pandemic for SEC-registered investment advisers and...more
9/16/2020
/ Broker-Dealer ,
Business Continuity Plans ,
Business Operations ,
Compliance ,
Coronavirus/COVID-19 ,
Data Protection ,
Fees ,
Investment Adviser ,
Investment Fraud ,
OCIE ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Remote Working ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Supervision
On March 23, the SEC Division of Enforcement (Enforcement) issued a public statement bluntly warning issuers and insiders connected to them, along with broker-dealers and investment advisers, about the unique risks of insider...more
3/27/2020
/ Broker-Dealer ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Executives ,
Corporate Issuers ,
Global Code of Ethics ,
Insider Trading ,
Internal Controls ,
Investment Advisers Act of 1940 ,
Policies and Procedures ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
States Seek to Expand upon SEC Regulation Best Interest -
In a rebuke of the U.S. Securities and Exchange Commission (the “SEC”), the Massachusetts Securities Division recently announced its own fiduciary rule for...more
On January 7, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued its annual examination priorities for the coming year (2020 Priorities). The 2020 Priorities are important for regulated entities,...more
Editors’ Note: This is the first in our start-of-year series examining important trends in white collar law and investigations in the coming year. Up next: a look at trends in health care enforcement. Look for additional...more
1/6/2020
/ Administrative Authority ,
Broker-Dealer ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Digital Assets ,
Disgorgement ,
Enforcement Actions ,
Individual Accountability ,
Initial Coin Offering (ICOs) ,
Investment Adviser ,
Investors ,
Popular ,
Publicly-Traded Companies ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Token Sales ,
White Collar Crimes
Takeaways for Companies, Investment Advisers and Broker-Dealers -
On November 15, 2019, the SEC’s Office of the Whistleblower (“OWB”) issued its annual report for fiscal year 2019. The report contains some important details...more