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Government Shutdown Looms: What's Next for SEC Enforcement

As we rapidly approach the midnight September 30th deadline, Congress remains deadlocked over funding, with Republicans and Democrats at an impasse that significantly increases the likelihood of a shutdown beginning October...more

SEC Reinstates Simultaneous Review of Settlements and Waivers

Last week, the U.S. Securities and Exchange Commission (SEC) made a significant procedural shift: companies under investigation can now present settlement offers and waiver requests together for simultaneous consideration....more

SEC Green Lights Mandatory Arbitration Provisions in IPOs

The SEC has cleared the path for mandatory arbitration provisions in public company governance documents, ending decades of regulatory uncertainty that had deterred companies from including such clauses in their IPO filings....more

SEC Gets Serious About Cross-Border Fraud: New Task Force Targets Foreign Companies and Gatekeepers

The SEC just fired a warning shot across international waters. On September 5th, the agency announced the launch of a new Cross-Border Task Force aimed squarely at rooting out fraud by foreign companies—and the professionals...more

SEC Division of Examinations’ 2023 Priorities

The SEC’s Division of Examinations (the “Division” or “EXAMS”) recently published its annual examination priorities for 2023. The Examination Priorities memorandum sets out key areas the staff will focus on during its...more

DOJ Charges Former NFT Marketplace Employee with Insider Trading

On June 1, 2022, the United States Attorney for the Southern District of New York unsealed a two-count indictment of Nathaniel Chastain, charging him with wire fraud and money laundering, and accusing him of “insider trading...more

SEC Proposes Sweeping New Regulatory and Enforcement Regime for Private Funds and Private Market Participants

Over a two week period at the end of January and beginning of February, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) proposed new rules and rule amendments that presage sweeping regulatory and...more

Review of 2021 Trends in SEC Crypto Enforcement Actions

SEC Chair Gary Gensler has consistently underscored that crypto assets are among the key capital market trends to which the SEC will devote its resources in 2022. Despite the SEC’s articulated focus on crypto assets,...more

What to Expect from SEC Enforcement: Regulation Best Interest

The Securities and Exchange Commission (“SEC”)’s Regulation Best Interest (“Reg BI”) imposes a heightened best interest standard on broker-dealers when recommending securities transactions or investment strategies. ...more

SEC and DOJ Signal Aggressive Stance to Corporate America

Less than 10 months since inauguration day, the Biden Administration’s civil and criminal enforcement arms are signaling a more aggressive stance, looking squarely at corporate America. Recent speeches from senior officials...more

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