In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment entitles a defendant to a jury trial when the SEC seeks civil penalties for securities fraud.
The decision limits the SEC’s authority to seek civil...more
Especially in today’s economic and work environment, we find it helpful – and we therefore thought our clients would also find it helpful – to keep track of the important litigation and regulatory enforcement developments...more
6/11/2020
/ Asset Management ,
Class Action ,
Coronavirus/COVID-19 ,
Dodd-Frank ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment ,
Proxy Materials ,
Regulation Best Interest ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation
The CFTC’s Division of Enforcement (Division) released its Annual Report on November 25, 2019, summarizing the Division’s activities over the past year.1 In FY 2019, the CFTC filed 69 enforcement actions, down from 83 in FY...more
12/16/2019
/ Annual Reports ,
Bitcoin ,
CFTC ,
CFTC Enforcement Manual ,
Civil Monetary Penalty ,
Commodities ,
Cryptocurrency ,
Customer Protection Rule ,
Department of Justice (DOJ) ,
Derivatives ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
Enforcement Statistics ,
False Reporting ,
Fraud ,
Individual Accountability ,
Integrity Policies ,
Investor Protection ,
Market Manipulation ,
Risk Management ,
Self-Reporting ,
Spoofing ,
Swaps ,
Whistleblowers
Stephanie Avakian and Steven Peikin, the new Co-Directors of the U.S. SEC Enforcement Division (“Division”), released a report on November 15, 2017, summarizing the Division’s enforcement activity for the fiscal year ending...more
11/29/2017
/ Anti-Retaliation Provisions ,
Asset Freeze ,
Cybersecurity ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
Excessive Fees ,
Fraud ,
Investor Protection ,
Investors ,
Penalties ,
Ponzi Scheme ,
Pump and Dump ,
Retail Market ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
The U.S. Court of Appeals for the Tenth Circuit on December 27, 2016, in Bandimere v. SEC, found the Administrative Law Judges (ALJs) used by the U.S. Securities and Exchange Commission (SEC) to hear its administrative...more
1/9/2017
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Dodd-Frank ,
Due Process ,
Enforcement Actions ,
FDIC ,
Federal Bank Regulatory Agencies ,
Office of Financial Institution Adjudication (OFIA) ,
Office of Personnel Management (OPM) ,
Securities and Exchange Commission (SEC) ,
Split of Authority
The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) issued a National Exam Program Risk Alert on October 24, 2016 (Risk Alert) regarding examinations of...more
10/28/2016
/ Amended Regulation ,
Broker-Dealer ,
Compliance ,
Dodd-Frank ,
Investment Adviser ,
OCIE ,
Risk Alert ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Whistleblower Awards ,
Whistleblower Protection Policies
A settled enforcement action announced by the U.S. Securities and Exchange Commission (SEC) on November 3, 2015 is but one in a growing list of SEC settlements concerning the allocation and disclosure of fees and expenses by...more