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Personal Liability Regulatory Requirements

Foley & Lardner LLP

SEC Intensifies Scrutiny of Chief Compliance Officers

Foley & Lardner LLP on

Two recent SEC enforcement actions serve as a sharp reminder that Chief Compliance Officers (CCOs) can face personal liability for what they do – or fail to do – in the course of regulatory examinations for registered...more

Proskauer Rose LLP

SEC Cites Falsified Compliance Records in Two Recent SEC Settlements with CCOs

Proskauer Rose LLP on

Two SEC enforcement actions from earlier this month, each including charges against a firm’s Chief Compliance Officer in their personal capacity, underscore the importance of maintaining accurate records and upholding...more

Husch Blackwell LLP

Personal Liability Risks for Insurance Liquidators: Navigating Federal Super Priority in Insolvency Proceedings

Husch Blackwell LLP on

Insurance commissioners serving as liquidators of insolvent insurance companies should be mindful of the potential for personal liability arising under the Federal Priority Act (FPA) and potential solutions through model...more

Orrick, Herrington & Sutcliffe LLP

Cyber and Data Security: Personal Liability for C-suite Executives

Cyber security and data protection issues continue to occupy an important place within corporate governance. At the same time, there is an increasing trend towards individual culpability for senior managers and C-suite...more

Spilman Thomas & Battle, PLLC

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions

On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs....more

Nelson Mullins Riley & Scarborough LLP

11th Circuit Approves of Third-Party Releases Despite Debtor’s Failure to Comply with Strict Notice Requirements of Bankruptcy...

Overview - Although a discharge might not release third parties and protects only the debtor against a determination of personal liability, in In re Le Ctr. on Fourth, LLC, 17 F.4th 1326 (11th Cir. 2021), the Eleventh...more

Buckingham, Doolittle & Burroughs, LLC

Big Bully Gone Wild

Dear YouDig? Me and three of my friends like to check out a nearby construction site when no one else is around. The equipment is soooo cool. Yesterday, just goofing around, I jumped on big yellow bulldozer. I was...more

The Volkov Law Group

Delaware Court Increases Scrutiny of Corporate Board Oversight and Monitoring of Compliance Programs

The Volkov Law Group on

On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more

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