Robert Cohen

Robert Cohen

Orrick, Herrington & Sutcliffe LLP

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Not So Fast: The Tenth Circuit Creates a Split by Denying the Constitutionality of the SEC’s Administrative Law Judges

Just before the clock struck 2017, the United States Court of Appeals for the Tenth Circuit weighed in on the constitutionality of the United States Securities and Exchange Commission’s (“SEC” or “Commission”) administrative...more

1/11/2017 - Administrative Proceedings ALJ Appointments Clause Constitutional Challenges Enforcement Actions SEC Securities Violations

SEC Granted Reversal, Remand and Jury Trial from the Ninth Circuit

On August 31, 2016, the SEC caught a break when a Ninth Circuit panel reversed Judge Manuel L. Real’s bench trial verdict for defendants, former corporate officers of the now-defunct Basin Water, Inc., finding that the SEC...more

9/14/2016 - Bench Trial Enforcement Actions Jury Trial Reversal SEC Securities Fraud Securities Litigation

The SEC Critiques Itself – Could Changes to SEC Enforcement Investigations Be On The Way?

Last week, the SEC’s Office of Inspector General (“OIG”) released its semiannual report to Congress, which details the OIG’s independent and objective audits, evaluations, investigations and other reviews of the SEC’s...more

6/1/2016 - Enforcement Actions Financial Markets OIG SEC Securities Securities Fraud

Pack Your Bags: SEC And DOJ To Intensify The Spotlight On The Foreign Corrupt Practices Act

Comments made by Kara N. Brockmeyer, the Securities Exchange Commission’s chief of the Foreign Corruption Practices Act (FCPA) unit, and Charles E. Duross, deputy chief of the Department of Justice’s FCPA unit, at the recent...more

11/27/2013 - Anti-Corruption Compliance DOJ Enforcement Actions FCPA SEC Travel

Supreme Court Unanimously Limits SEC’s Ability To Bring Civil Penalty Claims For Conduct Older Than Five Years

In Gabelli v. SEC, a unanimous Supreme Court held that the statute of limitations for “penalty” claims in governmental enforcement actions begins to run from the date of the underlying violation of the law, not when the...more

2/28/2013 - Discovery Rule Discovery Schedule Enforcement Actions Equitable Tolling Fraud Gabelli v SEC Investment Advisers Act of 1940 Sanctions SCOTUS SEC Self-Regulatory Organizations Statute of Limitations

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