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The SEC Speaks - Key Enforcement Priorities for 2024

On April 2 and 3, the U.S. Securities and Exchange Commission (SEC or Commission) presented its annual SEC Speaks program in conjunction with PLI, where senior members of the Commission provided updates on the current...more

DOJ Announces Department-Wide Safe Harbor Policy for Voluntary Self-Disclosures Made in the Context of Mergers and Acquisitions

In an important policy announcement aimed at rewarding robust due diligence and compliance programs, DOJ announced that acquiring companies that promptly and voluntarily disclose criminal misconduct discovered at the acquired...more

SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications

The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more

Supreme Court Clears the Way for Constitutional Challenges to SEC, FTC Administrative Forums in Federal District Court

In Axon Enterprise, Inc. v. FTC and SEC v. Cochran, the respondents in administrative agency enforcement actions brought suit in federal district court, challenging the constitutionality of each respective agency’s attempt to...more

DOJ Brings First-Ever Indictment for Insider Trading Based on Use of a Rule 10b5-1 Plan

On Wednesday, March 1 the Department of Justice (DOJ) announced its first-ever prosecution of an individual for insider trading based on an executive’s use of 10b5-1 trading plans. Terren Peizer, the executive chairman of...more

SEC Highlights New and Continuing Areas of Focus in Its 2023 Examination Priorities

On Feb. 7, 2023, the Division announced its 2023 examination priorities. These priorities, updated and published annually, provide insights into the Division’s prioritization of certain practices, products and services in its...more

Stricter Scrutiny for Compliance: Biden-Harris Administration Releases First-Ever U.S. Strategy on Countering Corruption

The Biden-Harris Administration is making the fight against global corruption a key policy objective. Through its new United States Strategy on Countering Corruption, released on December 6, 2021, the Biden-Harris...more

Supreme Court Holds That the ‘NCAA Is Not Above the Law' and Issues Warning to Colleges, Universities and Other Not-for-Profit...

On June 21, 2021, in NCAA v. Alston, the U.S. Supreme Court unanimously held that the National Collegiate Athletic Association’s (NCAA) rules limiting education-related compensation that colleges and universities can provide...more

Whistleblower Complaints Are Skyrocketing Due to COVID-19

On May 15, 2020, BakerHostetler published an alert warning that the COVID-19 crisis would undoubtedly lead to a new wave of whistleblower complaints. The alert explained that “[a]s the pandemic continues, … companies may seek...more

NCAA Moves on Multiple Fronts

As the National Collegiate Athletic Association (NCAA) continues to fight legal battles to limit the ability of student-athlete plaintiffs to bring antitrust suits challenging NCAA compensation rules, it is fighting to keep...more

Will the SEC's Record Whistleblower Awards and COVID-19 Lead to More Whistleblower Complaints?

On April 16, 2020, the Securities and Exchange Commission (“SEC”) announced a $27 million whistleblower award, its largest award of 2020 and the sixth-highest whistleblower award since the inception of its whistleblower...more

DOJ COVID-19 Fraud Enforcement Actions Highlight Risks for Healthcare Companies

On March 16, 2020, Attorney General William Barr directed all U.S. Attorney’s Offices to prioritize the detection, investigation, and prosecution of all criminal conduct related to the COVID-19 pandemic. The Department of...more

On the Heels of the CARES Act, Companies Should Prepare for Increased Prosecutions and Enforcement Activity

The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act” or the “Act”) provides over $2 trillion in economic relief to eligible businesses and individuals affected by the COVID-19 pandemic. As with prior...more

SEC Chief Enforcement Accountant Cites the Use of Data Analytics, Self-Disclosure and Cooperation as Key Factors in Investigating...

With more than 130 highly trained enforcement accountants at his disposal, Matthew Jacques, the Chief Accountant of the Securities and Exchange Commission (“SEC”), provided a firsthand glimpse into current enforcement...more

Foreign Corrupt Practices Act 2017 Year-End Update

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities...more

ISO 37001: Testing the Ability to Implement a Global Anti-Bribery Standard

A year after a global anti-bribery standard was implemented by the International Standards Organization (“ISO”), a slow trend is emerging among major corporations, such as Microsoft and Wal-Mart, announcing they will seek...more

Foreign Corrupt Practices Act 2017 Mid-Year Update

The first half of 2017 has been eagerly anticipated following the record-setting year in 2016 for Foreign Corrupt Practices Act (“FCPA”) enforcement by both the U.S. Department of Justice (“DOJ”) and the U.S. Securities and...more

Limiting SEC Disgorgement Unanimous Supreme Court Draws a Bright Line Five-Year Rule

The Supreme Court held unanimously last week in Kokesh v. Securities and Exchange Commission, No. 16—529 (2017), that the Securities and Exchange Commission’s (SEC’s) often used disgorgement remedy was a penalty subject to...more

Foreign Corrupt Practices Act 2016 Year-End Update

2016 was a record-setting year for Foreign Corrupt Practices Act (“FCPA”) enforcement, as both the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) recovered well over $2 billion in...more

Foreign Corrupt Practices Act 2015 Year-End Update

Both the United States Department of Justice (DOJ) and the United States Securities and Exchange Commission (SEC) have continued their focus on anticorruption enforcement in 2015. Although there was a decline in enforcement...more

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