Robert Cohen

Robert Cohen

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Having the Last Word on the Last Word: SEC Says Its ALJs are “Mere Employees”

In what will surely not be the last word on this continuing controversy, on September 3, 2015, a majority of the members of the Securities and Exchange Commission held that the appointment process for the Commission’s...more

9/15/2015 - Administrative Appointments ALJ Appeals Appointments Clause FDIC SEC Securities Fraud

FINRA Offers 11.7 Million Reasons To Maintain Adequate Supervisory Controls

As noted previously in this blog, the SEC and other regulatory agencies continue to display an increased interest in the issue of internal and supervisory controls.  The Financial Industry Regulatory Authority (“FINRA”) has...more

5/13/2015 - BSA/AML Compliance Financial Markets FINRA SEC Securities

SEC Announces Settlement With “Big Four” China Accounting Firms Over Production of Documents Located in China

Today, the Securities and Exchange Commission (“SEC” or “Commission”) announced the terms of a settlement with four of the Respondents in In the Matter of BDO China Dhaua CPA Co., Ltd. The four Respondents are the China...more

2/6/2015 - Administrative Hearings Audits Deloitte Document Productions Ernst & Young Foreign Affiliates KPMG PricewaterhouseCoopers SEC Settlement

Better Keep Your Opinions to Yourselves for Now: Second Circuit Doubles Down in Deutsche Bank Ruling in Advance of Supreme Court...

On July 16, 2014, a three-judge Second Circuit panel affirmed the dismissal of a securities class action against Deutsche Bank AG and several underwriters. The case was brought on behalf of investors who purchased...more

7/23/2014 - Banks Deutsche Bank Omnicare SCOTUS Securities Act of 1933

Halliburton Oral Argument: The Fraud-On-The-Market Theory Is “Basic”Ally A Sore Thumb

On March 5, the Supreme Court heard oral arguments in Halliburton v. The Erica P. John Fund. As discussed in previous blog posts, the United States Supreme Court agreed to consider Petitioner Halliburton’s argument to modify...more

3/12/2014 - Basic v Levinson DOJ Fraud-on-the-Market Halliburton v Erica P. John Fund Private Securities Litigation Reform Act of 1995 SCOTUS SEC Securities Fraud Securities Litigation

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

“Order Up!” FIRREA Update

Judge Carter issued his final order on July 16, 2013, following our blog post. ...more

7/18/2013 - Creditors FIRREA Objective Standard Rating Agencies S&P

Where There’s Smoke, There’s FIRREA (Part Two)

We first blogged about the obscure Financial Institutions Reform Recovery Enforcement Act (“FIRREA”) on May 14. ...more

7/17/2013 - DOJ FIRREA S&P Statute of Limitations

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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