Jennifer Lee

Jennifer Lee

Orrick, Herrington & Sutcliffe LLP

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D.C. Circuit Court “Tunes In” To SEC Administrative Court Debate

On September 29, 2015, the D.C. Circuit, the second federal appellate court to recently weigh in on the ongoing debate over SEC administrative actions, ruled in favor of the SEC in Jarkesy v. SEC, holding that federal courts...more

10/6/2015 - Administrative Proceedings Bebo v SEC Enforcement Actions SCOTUS SEC Subject Matter Jurisdiction

The Boss Makes HOW much more than me? SEC Issues Final Pay Ratio Rule

On August 5, 2015, the Securities and Exchange Commission approved its final rule subjecting most public companies to the so-called “Pay Ratio Disclosure” mandated by the 2010 Dodd-Frank Wall Street Reform and Consumer...more

8/12/2015 - Compliance Data Privacy Disclosure Requirements Emerging Growth Companies Executive Compensation First Amendment Foreign Workers Pay Ratio Privacy Laws Publicly-Traded Companies Reporting Requirements SEC

District Judge Takes Jab at SEC’s Home-Court Advantage in Administrative Proceedings, But Defense Bar May Not Have a Slam Dunk

The defense bar recently won a significant victory in the battle to challenge the SEC’s expanded use of administrative proceedings, following the 2010 enactment of the Dodd-Frank Act, to seek penalties against unregulated...more

6/16/2015 - Administrative Hearings ALJ Appointments Clause Article I Article II Dodd-Frank Non-Delegation Doctrine SEC Seventh Amendment

Goodyear Rolls Out $16 M Settlement With SEC, Putting Brakes on FCPA Charges

On February 24, 2015, the SEC announced that it had reached an agreement with Goodyear Tire & Rubber Co. (“Goodyear”) for Goodyear to disgorge more than $16 million to settle FCPA charges stemming from its Kenyan and Angolan...more

3/5/2015 - Books & Records Disgorgement Enforcement Actions FCPA Foreign Subsidiaries Goodyear Internal Controls SEC Settlement

D.C. Circuit to Re-Consider Whether SEC Disclosure Rule Aimed at Curbing Human Rights Abuses in the Democratic Republic of the...

In an interesting and uncommon intersection between securities law, curbing human rights abuses and freedom of speech under the First Amendment, the United States Court of Appeals for the District of Columbia recently agreed...more

11/26/2014 - American Meat Institute Amnesty International Appeals Conflict Mineral Rules Department of Agriculture Disclosure Requirements En Banc Review First Amendment Human Rights NAM Petition For Rehearing SEC

If the SEC Misses the SOL, It’s SOL (Sorry, Out of Luck) – District Court Holds Statute of Limitations Is Jurisdictional and...

The SEC suffered a blow very recently when Judge James Lawrence King of the U.S. District Court for the Southern District of Florida entered summary judgment dismissing the entirety of its alleged Ponzi scheme case on...more

5/28/2014 - Jurisdiction Ponzi Scheme Real Estate Investments SEC Securities Securities Fraud Statute of Limitations Subject Matter Jurisdiction

Quid Pro Quo, Yes Or No? SEC Signs First Individual Deferred Prosecution Agreement

The SEC this year has demonstrated its willingness to incentivize whistleblowers and companies to share information about misconduct and assist with the SEC’s investigations. To that end, the SEC issued its first Deferred...more

11/20/2013 - Deferred Prosecution Agreements Enforcement Actions SEC

SEC And FBI Try To Ketchup To Heinz Insider Traders

In the latest development in an SEC lawsuit filed Friday, February 15, U.S. District Judge Rakoff extended a freeze on a Swiss Goldman Sachs account linked to possible insider trading in H.J. Heinz Company call options. The...more

2/26/2013 - Acquisitions Aiding and Abetting Board of Directors Derivative Suit FBI Fiduciary Duty Goldman Sachs Heinz Insider Trading SEC Self-Dealing

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