The SEC (U.S. Securities and Exchange Commission) recently hosted the 2024 SEC Speaks conference in Washington, DC. During the event, SEC leaders, including the Chair, commissioners, and senior staffers, shared their views...more
4/18/2024
/ Cooperation ,
Disgorgement ,
Electronic Communications ,
Enforcement ,
Enforcement Actions ,
Enforcement Statistics ,
Personal Liability ,
Recordkeeping Requirements ,
Regular Business Communications ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblowers
On May 30, 2023, the Securities and Exchange Commission (SEC) announced the third settlement of an enforcement action alleging violations of the Investment Advisers Act of 1940 (the Advisers Act) with respect to activities...more
Private funds can draw lessons about how to prioritize their compliance efforts and practices in response to a series of warnings by newly-appointed federal regulators of increased scrutiny, regulation, and enforcement...more
4/8/2022
/ Conflicts of Interest ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
False Statements ,
Form PF ,
Government Investigations ,
Hedge Funds ,
Misleading Statements ,
Private Equity Funds ,
Private Funds ,
Proposed Amendments ,
Proposed Rules ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Valuation ,
Venture Capital
The U.S. Department of Justice (“DOJ”) recently announced that over $5.6 billion in False Claims Act (“FCA”) settlements and judgments had been reached during the 2021 fiscal year, with over $5 billion of those settlements...more
3/8/2022
/ Anti-Kickback Statute ,
Clinical Laboratories ,
Department of Justice (DOJ) ,
Digital Health ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Technology ,
Healthcare Fraud ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry ,
Private Equity ,
Telehealth
The federal False Claims Act (FCA) has long been a powerful tool for the U.S. Department of Justice (DOJ) — or private whistleblowers bringing suit on the DOJ’s behalf — to investigate and police activity financed with...more
7/2/2020
/ CARES Act ,
Colleges ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Funding ,
Federal Grants ,
Financial Aid ,
Government Investigations ,
Research Funding ,
Risk Mitigation ,
Universities ,
Whistleblowers
In one of its last opinions to be released this Term, the United States Supreme Court issued a decision on June 22, 2020 in Liu v. Securities and Exchange Commission, a case about whether and to what extent disgorgement is an...more
6/25/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
On March 3, 2020, the U.S. Supreme Court heard argument in Liu v. Securities and Exchange Commission, a case about whether disgorgement is an available remedy in SEC enforcement actions filed in federal court under a...more
3/4/2020
/ Administrative Authority ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Penalties ,
Regulatory Agencies ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Statute of Limitations