Prior to Dodd-Frank, the CFTC and Courts recognized a distinction between traded futures contracts subject to CFTC jurisdiction and individualized non-exchange-traded contracts for the present sale of a cash commodity for...more
In a triumph of positive statutory law over Chevron deference to the administrative state, the unanimous Supreme Court held this week that Dodd-Frank whistleblower protections require SEC reporting, because the statute...more
2/23/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
The Sixth Circuit Court of Appeals dismissed a suit by the Tennessee, Georgia and New York Republican parties challenging the constitutionality of an MSRB extending pay-to-play prohibition to municipal advisors. The Court...more
7/14/2017
/ Article III ,
Constitutional Challenges ,
Dodd-Frank ,
Financial Institutions ,
MSRB ,
Municipal Advisers ,
Municipal Securities Market ,
Pay-To-Play ,
Regulatory Oversight ,
Rule G-37 ,
Standing
On June 1, new SEC Chair Clayton returned the SEC to the arena in the policy debate surrounding the DOL’s Fiduciary Rule. Clayton’s public statement responded to a direct invitation for SEC participation by DOL Secretary...more
6/2/2017
/ Best Interest Contract Exemptions ,
Comment Period ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Dodd-Frank ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Institutions ,
Investment Adviser ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
The White House clarified that Trump’s January 30 “two for one” Executive Order doesn’t apply to the SEC and other independent regulatory agencies, Reuters reported.
...more
The SEC has fined an Atlanta company $265,000 for using various severance agreements restricting whistleblower activities.
The Dodd-Frank Act added ’34 Act § 21F encouraging whistleblower programs. The SEC adopted Rule...more
9/12/2016
/ BlueLinx Holdings ,
Confidential Information ,
Dodd-Frank ,
Employer Liability Issues ,
Government Agencies ,
Government Investigations ,
Hiring & Firing ,
Popular ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Whistleblower Protection Policies ,
Whistleblowers
The SEC announced August 25 that it approved FINRA’s pay-to-play rules governing placement-agent or solicitor broker-dealers and was “prepared” to approve the extension of MSRB Rule G-37 to municipal advisors as well....more
9/8/2016
/ Broker-Dealer ,
Dodd-Frank ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Investment Adviser ,
MSRB ,
Municipal Advisers ,
Pay-To-Play ,
Rule 206(4)-5 ,
Rule G-37 ,
Securities ,
Securities and Exchange Commission (SEC)
The SEC announced its second enforcement action in a week against a company using severance or confidentiality agreements requiring employees to waive whistleblower bounties or their right to bring a qui tam action....more
8/18/2016
/ Confidential Information ,
Corporate Counsel ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblowers
The SEC has fined an Atlanta company $265,000 for using various severance agreements restricting whistleblower activities.
The Dodd-Frank Act added ’34 Act § 21F encouraging whistleblower programs....more
8/15/2016
/ Civil Monetary Penalty ,
Confidential Information ,
Dodd-Frank ,
Employment Contract ,
Rule 21F ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Severance Agreements ,
Unfair Labor Practices ,
Waivers ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
This SRO gamesmanship is making a mockery of governing.
The latest is the SEC’s position that it didn’t take any action on the new MSRB Rules extending pay-to-play prohibitions to municipal advisors, so it can’t be sued...more
8/2/2016
/ Bonds ,
Dodd-Frank ,
MSRB ,
Municipal Advisers ,
Municipal Bonds ,
Pay-To-Play ,
Regulatory Oversight ,
Rule G-37 ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
SRO
There’s a developing circuit split over whistleblower standing for retaliation claims. A decision this week extended that split to U.S. district courts within Tennessee, too. In Verble v. Morgan Stanley Smith Barney, LLC, No....more
Last Thursday, November 12, the MSRB published its Compliance Advisory for Municipal Advisors (“MA’s”). The new MA regulatory regime was imposed by Dodd-Frank and implemented by the MSRB and SEC over the past several years....more
The SEC recently approved the Municipal Securities Rulemaking Board’s (“MSRB”) extension to Municipal Advisors (“MA’s”) of its dealer Rule G-20, restricting gifts in connection with municipal securities. The Rule also updates...more
The Municipal Securities Rulemaking Board (“MSRB”) announced September 2 that it has submitted for SEC approval proposed amendments extending its gift-limitations Rule G-20 to municipal advisors.
In general, the Rule...more
The first Court of Appeals to rule in the recent round of challenges to the Securities and Exchange Commission’s administrative enforcement mechanism has held courts lack authority to consider the matter. The US Seventh...more
Manhattan federal Judge Richard Berman yesterday (August 12) issued a preliminary injunction halting the SEC’s administrative action against former S&P executive Barbara Duka, holding the SEC’s in-house courts were “likely...more
The SEC’s administrative forum has been under increasing scrutiny over the past year. Now the SEC has removed an ALJ from a high-profile case, after he refused the Commission’s “invitation” to provide a no-bias affidavit in...more
8/3/2015
/ Administrative Law Judge (ALJ) ,
Bebo v SEC ,
Bonds ,
CMBS ,
Dodd-Frank ,
Financial Markets ,
Rating Agencies ,
S&P ,
Securities and Exchange Commission (SEC) ,
Stocks ,
Wall Street Journal
The Securities Exchange Commission announced June 18 the first major wave of underwriter sanctions under its Municipalities Continuing Disclosure Cooperation (“MCDC”) Initiative. The SEC sanctioned 36 municipal underwriting...more
6/22/2015
/ Check the Box Rules ,
Compliance ,
Disclosure Requirements ,
Dodd-Frank ,
MCDC ,
Municipal Securities Issuers ,
Municipal Securities Market ,
Municipalities ,
Sanctions ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Underwriting
Not April Fool’s for one public-company registrant, as the SEC filed its first settled action today over corporate confidentiality provisions that run afoul of Dodd-Frank whistleblower protections. The clause in question was...more
Addressing the annual meeting of the Compliance & Legal Division of the Securities Industry and Financial Markets Association, Manhattan U.S. Attorney Preet Bharara stressed the importance of industry compliance and legal...more
The Wall Street Journal reported Thursday that the SEC is in the midst of a sweep to crack down on companies’ use of NDAs or employment agreements that might impede whistleblower reporting in violation of Dodd-Frank...more
In a brief filed last week, the SEC urged the D.C. Circuit to give Chevron deference to the Commission’s unnecessary conclusion that Congress’s 180-day enforcement deadline doesn’t matter. The conclusion is consistent with...more
Earlier this month, the SEC used a “control-person” charge in a settled action against an elected municipal official in connection with municipal bond offering. Enforcement touted that “first” on the Monday after: “An...more
An October 27 letter from Rep. Maxine Waters and seven other House Democrats (from the Financial Services & Oversight Committee) asked the SEC to double down on scrutiny of employer confidentiality agreements that might...more
The SEC last week approved new MSRB Rule G-44 implementing supervision and compliance requirements for municipal advisors. The MSRB touted the Rule as “its first dedicated rule for municipal advisors” under the Dodd-Frank...more