News & Analysis as of

Disqualification Enforcement Actions

Cohen & Gresser LLP

The UK’s Insolvency Service Reports on Recent Director Disqualification Enforcement Activity

Cohen & Gresser LLP on

Introduction - On 18 April 2023, the UK’s Insolvency Service (“TIS”) published statistics on its enforcement activities and outcomes during the last financial year (the “Report”). The Report describes TIS’s enforcement...more

Bracewell LLP

FINRA Facts and Trends - October 2022

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Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This...more

Cooley LLP

Blog: Acting SEC Chair takes steps to bolster Enforcement

Cooley LLP on

The new Administration in Washington brings an expectation of change at the SEC in many areas, one of them being SEC Enforcement, where a shift toward more aggressive enforcement is anticipated. That change has already begun....more

Burr & Forman

SEC Reverts to Two-Step Enforcement Settlements and Waiver Requests

Burr & Forman on

On February 11, SEC Acting Chair Lee announced that the Commission no longer would permit settlements in enforcement actions to include, or be contingent on the grant of, waivers of statutory disqualifications that flow from...more

Latham & Watkins LLP

High Court Issues Lengthy Director Disqualification Order for Contributing to a Competition Law Infringement

Latham & Watkins LLP on

The judgment has important implications for the competition law compliance responsibilities of company directors. On 3 July 2020, the High Court disqualified Michael Martin from acting as a director for seven years. The...more

BCLP

High Court Challenge to the Scope of Company Director Disqualification Undertakings

BCLP on

On 9th December High Court heard one of the first applications to vary Company Director Disqualification Undertakings (“CDU”) given by two directors of a group of companies previously found guilty by the Competition & Markets...more

WilmerHale

House Financial Services Committee Introduces Legislation to Overhaul SEC Waiver Process

WilmerHale on

Over the past several weeks, competing views have emerged from Capitol Hill and the SEC over how the Securities and Exchange Commission (“SEC” or “Commission”) should approach waivers of collateral consequences for parties...more

Proskauer - The Capital Commitment

SEC Announces New Approach to Disqualification Waivers

On July 3, 2019, SEC Chairman Jay Clayton issued a “Statement Regarding Offers of Settlement” (the “Statement”), announcing important changes to how the SEC will consider future requests for waivers from disqualifications in...more

Morgan Lewis

SEC Chairman Clayton Makes Statement on Seeking Disqualification (‘Bad Actor’) Waivers

Morgan Lewis on

US Securities and Exchange Commission Chairman Jay Clayton issued a statement on July 3 that should help to rationalize the process for firms seeking waivers from disqualification resulting from certain enforcement actions....more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Regulatory Update - July 2019

This edition provides an overview of key regulatory developments in the past three months relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited (HKEx), and their advisers. In...more

Morgan Lewis

Bad Actor Disqualification Act of 2019 Introduced in House

Morgan Lewis on

A recent bill has been introduced again in the US House of Representatives that would make it much tougher for firms subject to SEC enforcement actions to obtain waivers for bad actor disqualifications in federal securities...more

Hogan Lovells

Directors disqualified for breach of competition law

Hogan Lovells on

For only the second time in its history, the Competition and Markets Authority (CMA) has secured the disqualification of directors whose companies have infringed competition law. ...more

Sheppard Mullin Richter & Hampton LLP

Company Directors Beware – the CMA’s Disqualification Order

Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Regulatory Update - June 2015

This Hong Kong regulatory update is intended to provide a brief overview of the principal Hong Kong regulatory developments in the preceding three months relevant to companies listed or proposed to be listed on The Stock...more

Goodwin

Financial Services Weekly News Roundup - March 2015 #3

Goodwin on

SEC Focus on Disqualification Waivers. When negotiating a settlement of an SEC enforcement action against a registered financial services firm – or one that hopes one day to become registered – it is vital to consider the...more

Dorsey & Whitney LLP

The Disqualification Provisions and the SEC’s Use of Wavers

Dorsey & Whitney LLP on

One key debate regarding current SEC enforcement policy centers on the application of the so-called “bad actor” provisions. Previously the Commissioners split over the nature, use and application of those provisions. ...more

Stinson - Corporate & Securities Law Blog

Bad Actor Disqualifications Are Not Sanction Enhancements

SEC Commissioner Daniel M. Gallagher delivered a speech where he considered the role of bad actor disqualifications in the context of the SEC’s enforcement initiatives. According to the Commissioner, the purpose of bad actor...more

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