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No Gaming the System – The SEC’s Interest in Enforcing Pure Disclosure Violations Continues

On May 6, 2022, the Securities and Exchange Commission (“SEC”) announced a $5.5 million settlement of charges against NVIDIA Corporation (“NVIDIA”) for allegedly failing to adequately disclose in the Management’s Discussion...more

The SEC Closes the Cookie Jar - Recent SEC Enforcement Activity Reaffirms Focus on Improper Earnings Management

On April 18, 2021, the Securities and Exchange Commission (“SEC”) announced the fourth enforcement action arising from its EPS Initiative, charging Rollins Inc. (“Rollins”) and its former chief financial officer (“CFO”) with...more

Expanded Liability for Companies Under The SEC's Proposed Climate Disclosure Rule

On March 21, the Securities and Exchange Commission released its much-anticipated proposed climate disclosure rule that would require public issuers to provide certain climate-related information in their public...more

Deal or No Deal: Deciding to Settle or Litigate When Faced with a DOJ or SEC Enforcement Action Under the Current Administration

For those facing a potential enforcement recommendation at the close of a white collar investigation, choosing whether to litigate against or settle with the government agency is a critical strategic crossroads. Recent...more

ESG Investing is a “Significant Focus Area” for the SEC’s Division of Examinations

Following hot on the heels of the eagerly anticipated release of a proposed rule regarding climate-related disclosures (The Enhancement and Standardization of Climate-Related Disclosures for Investors), the Securities and...more

SEC Releases Proposed Rules for Special Purpose Acquisition Companies (“SPACs”)

On March 30, 2022, the commissioners of the Securities and Exchange Commission (“SEC”), in a 3-to-1 decision approved the much anticipated proposed rules relating to special purpose acquisition companies (“SPACs”)....more

Echoes from the ABA White Collar Crime Conference 2022 in San Francisco

Foreign Corrupt Practices Act Enforcement Leaders at the DOJ and SEC Signal Increased Enforcement, an Upswing in Coordinated Investigations and Resolutions, and a Focus on Individual Actors to Dismantle Corporate Wrongdoing...more

Novel Enforcement for Novel Schemes: Emerging Trends in Securities Enforcement

This was the main takeaway from the Securities Enforcement in the Biden Administration panel at the American Bar Association’s 37th National Institute on White Collar Crime, which included among its speakers Erin Schneider,...more

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