On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins...more
8/23/2022
/ Acquittals ,
Alstom ,
Appeals ,
Bribery ,
Corporate Counsel ,
Criminal Convictions ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Money Laundering ,
White Collar Crimes
On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential...more
This year had already seen an uptick in federal enforcement activity focused on digital assets with the expansion of the SEC’s Crypto Assets and Cyber Unit (see our prior client alert on that expansion and its impact here)...more
8/3/2022
/ Blockchain ,
Corporate Counsel ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Insider Trading ,
Investment Contract ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
White Collar Crimes
In a move that further executes upon the SEC’s increasingly tough rhetoric on cryptocurrency and cybersecurity, SEC Enforcement recently announced that it will nearly double the size of its newly-renamed Crypto Assets and...more
6/16/2022
/ Corporate Counsel ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Services Industry ,
Investment Adviser ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC)
Editors’ Note: With the advent of the Biden presidency, we invite you to join us as we examine important trends in white collar law and investigations. Our first entry takes a closer look at SEC enforcement. Up next: a review...more
3/11/2021
/ Biden Administration ,
CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Disclosure ,
Disgorgement ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Financial Reporting ,
Foreign Corrupt Practices Act (FCPA) ,
Insider Trading ,
Market Manipulation ,
Private Funds ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
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 November 2, 2020, the SEC’s Division of Enforcement issued its Annual Report for fiscal year 2020. The Report provides a useful look at Enforcement’s accomplishments, priorities, and challenges over the past year. Notably,...more
District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary -
Background -
On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more
3/3/2020
/ Acquittals ,
Agents ,
Alstom ,
Bribery ,
Corporate Counsel ,
Corporate Officers ,
Criminal Convictions ,
Criminal Prosecution ,
Evidence ,
Federal Rules of Criminal Procedure ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Indonesia ,
Jury Verdicts ,
Subsidiaries
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