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Robert Cohen

Robert Cohen

Orrick, Herrington & Sutcliffe LLP


Latest Publications

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SEC v. Hackers: More Cybersecurity Enforcement On The Horizon?

Cybersecurity may be the SEC’s newest area for enforcement actions. While the SEC first released Disclosure Guidance concerning cybersecurity in 2011, the recent media attention surrounding significant cybersecurity breaches...more

3/5/2013 - Class Action Cybersecurity Data Protection Disclosure Requirements SEC

Shareholder Plaintiffs Score A Class Certification Win From SCOTUS

On Wednesday, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. In a 6-3 decision authored by Justice Ginsburg, the Supreme Court handed a win to plaintiffs in securities fraud class...more

3/1/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Materiality Rule 23 SCOTUS Securities Fraud

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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