William Alderman

William Alderman

Orrick, Herrington & Sutcliffe LLP

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Latest Posts › SEC


No Longer a Mirage: FCPA Compliance and Cooperation Has Its Benefits

On September 12, 2016, the SEC announced that it had reached a settlement with Jun Ping Zhang (“Ping”), a former executive of a Chinese subsidiary of Harris Corporation (“Harris”), regarding alleged violations of the Foreign...more

9/29/2016 - Accounting Controls Acquisitions Anti-Corruption Bribery China Cooperation DOJ Due Diligence FCPA Information Technology Investigations SEC Self-Reporting

Mark Cuban Challenges the Referee: the Constitutionality of SEC In-House Courts

After the repeated challenges to the SEC’s in-house courts as previously reported, Mark Cuban joined the debate by filing an amicus curiae brief in support of petitioners Raymond J. Lucia Companies, Inc. and Raymond J. Lucia...more

2/17/2016 - Administrative Proceedings ALJ Amicus Briefs Mark Cuban SEC

Another Round of Favorable SEC Settlements, But Only for Underwriters that Self-Reported

The SEC has rolled out its second wave of enforcement actions against 22 municipal underwriting firms for alleged securities violations in municipal bond offerings in connection with its Municipalities Continuing Disclosure...more

10/20/2015 - Cease and Desist Compliance Disclosure Requirements Due Diligence Enforcement Actions False Statements Financial Institutions Financial Markets MCDC Misleading Statements Municipal Bonds Municipalities Offerings SEC Securities Litigation Securities Violations Self-Reporting Settlement Agreements Underwriting

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

Additional Avenues May Be Available for Federal Regulators to Curtail Deceptive Practices in High Frequency Trading

We first heard about the SEC’s increased focus on high-frequency trading in June 2014 when the SEC announced its desire to promulgate new rules on high frequency trading to address the lack of transparency in dark pools and...more

2/18/2015 - Commodities Exchange Act Dark Pool Disruptive Trading Practices High Frequency Trading SEC Strategic Enforcement Plan

Insider Trading Gets Political: Trading on Political Intelligence

Some things are better left unsaid. Especially, it seems, when they involve political intelligence shared by a congressional aide with a lobbyist linked to a political intelligence firm serving Wall Street traders....more

7/2/2014 - CMS DOJ Grand Juries Healthcare Insider Trading Misappropriation SEC STOCK Act Subpoenas Testimony Wall Street Ways and Means Committee

Out Of Control: SEC Says Lack Of Internal Controls Led To HP Paying More Than $108 Million To Settle FCPA Actions

On April 9, 2014, the Securities and Exchange Commission announced that Hewlett-Packard had agreed to pay more than $108 million to settle Foreign Corrupt Practices Act actions brought by the SEC and the Department of...more

4/16/2014 - FCPA Hewlett-Packard SEC Settlement

I’m Ready For My Close-Up: SEC Puts The Focus On Moviemaker Over Hostile Takeover Maneuvers

In a story right out of the movies, complete with “poison pills” and “white squires,” the SEC announced on March 13, 2014 that motion picture company Lions Gate Entertainment Corporation settled charges that it failed to...more

3/26/2014 - Hostile Takeover Poison Pill SEC

Investors Get A Voice At The Regulator: SEC Names Its First Head Of The Office Of The Investor Advocate

Though investors might have assumed that the entire Securities and Exchange Commission was their advocate to begin with, on February 12th the agency announced that it had hired Rick Fleming to be its very first Investor...more

2/19/2014 - Dodd-Frank Investors SEC Securities Exchange Act

SEC Wins Some, Loses Some In Aggressive Insider Trading Case, SEC Doesn’t Know Who Tipped In All Know Insider Trading Case

In a decision rendered from the United States District Court for the Northern District of Illinois, Eastern Division, Judge Ronald Guzmán granted summary judgment on the SEC’s insider trading claims as to three defendants but...more

6/26/2013 - Enforcement Actions Illegal Tipping Insider Trading SEC

Do Trades Made Pursuant To 10b5-1 Plans Still Offer A Defense To Insider Trading?

Rule 10b5-1, enacted in August 2000, codified the SEC’s position that trading while in possession of material non-public information is sufficient to establish liability for insider trading....more

6/14/2013 - CII Insider Trading Rule 10b-5 SEC

Recent Study Finds Cybersecurity Disclosures May Fail To Meet SEC Guidelines

Hackers aren’t the only ones after company information. Earlier this week, Wills Fortune 500, a unit of Wills Group Holdings, a global insurance broker providing insurance and risk management services, made available its own...more

6/13/2013 - Cybersecurity Disclosure Requirements SEC

Consenting Adults: D.C. Circuit Tells Press To Stay Out Of SEC-AIG Relationship

What happens between a mature multinational insurance corporation and its regulator is nobody’s business, or so says the United States Court of Appeals for the D.C. Circuit, which issued an opinion in SEC v. AIG on February...more

2/12/2013 - Adjudicatory Process AIG Appeals Decision-Making Process Journalists Judicial Records Right of Access SEC

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