Editors’ Note: With the advent of the Biden presidency, we invite you to join us as we examine important trends in white collar law and investigations. Our first entry takes a closer look at SEC enforcement. Up next: a review...more
3/11/2021
/ Biden Administration ,
CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Disclosure ,
Disgorgement ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Financial Reporting ,
Foreign Corrupt Practices Act (FCPA) ,
Insider Trading ,
Market Manipulation ,
Private Funds ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
On January 1, 2021, Congress significantly expanded the SEC’s authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited...more
On November 2, 2020, the SEC’s Division of Enforcement issued its Annual Report for fiscal year 2020. The Report provides a useful look at Enforcement’s accomplishments, priorities, and challenges over the past year. Notably,...more
The U.S. Supreme Court’s decision last month in Liu v. SEC raises the question of whether disgorgement payments in SEC enforcement actions should now be deductible for federal income tax purposes. The Court held that a...more
7/13/2020
/ 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 July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more
7/7/2020
/ Aiding and Abetting ,
Bribery ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Disgorgement ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Mens Rea ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
Editors’ Note: This is the first in our start-of-year series examining important trends in white collar law and investigations in the coming year. Up next: a look at trends in health care enforcement. Look for additional...more
1/6/2020
/ Administrative Authority ,
Broker-Dealer ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Digital Assets ,
Disgorgement ,
Enforcement Actions ,
Individual Accountability ,
Initial Coin Offering (ICOs) ,
Investment Adviser ,
Investors ,
Popular ,
Publicly-Traded Companies ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Token Sales ,
White Collar Crimes