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Securities Professional Malpractice

Read need-to-know updates, commentary, and analysis on Securities issues written by leading professionals.
Bass, Berry & Sims PLC

International Trade Enforcement Roundup – September 2024

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What happened? On September 10, the SEC announced that John Deere agreed to pay almost $10 million to resolve allegations it had violated the FCPA. The SEC alleged that Wirtgen Thailand, an indirect subsidiary of John Deere,...more

Carlton Fields

Adviser Loses Customer Crypto: Wallet Key Custody Not Airtight

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On June 25, 2024, a final judgment was entered by a federal district court against investment adviser Lufkin Advisors LLC and its principal, Chauncey Lufkin, for losing access to a crypto wallet used to manage a client’s...more

A&O Shearman

Qatar introduces new digital assets framework

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On 1 September 2024, the Qatar Financial Centre (QFC), Qatar’s onshore business and financial centre, published its new Digital Asset Regulations 2024 and accompanying laws, rules and guidelines (the DA Regime). The DA...more

Hogan Lovells

ESG Market Alert - September 2024

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In our latest round-up of developments in ESG for UK clients, we cover the following topics: Shareholder activism continues FCA's green labelling rules – deadline for implementation delayed Environmentalists step on the gas:...more

Thomas Fox - Compliance Evangelist

Regulatory Ramblings: Episode 55 – A Former Singapore Regulator Reflects on the World of Virtual Assets with Angela Ang

In this episode of Regulatory Ramblings, Angela Ang, senior policy advisor at TRM Labs, is a former regulator and blockchain intelligence company. She has spent over a decade at the Monetary Authority of Singapore (MAS),...more

Allen Matkins

Did The FBI Violate The Securities Laws By Directing The Creation Of A Crypto Asset That Was Offered And Sold To The Public?

Allen Matkins on

Professor Ann Lipton recently wrote about an ingenious scheme developed by the Federal Bureau of Investigation that has resulted in indictments of 18 individuals and entities for alleged fraud and manipulation in the crypto...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: Reinforce Whistleblower Policies Through Training and Comms

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned...more

Thomas Fox - Compliance Evangelist

Compliance and AI: Navigating Compliance with AI – Sage Franch and Scott McCleskey on RuleBook AI

What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT? These questions are but three of the many questions we will explore in this cutting-edge podcast series,...more

Thomas Fox - Compliance Evangelist

Compliance and AI: Navigating Compliance with AI – Sage Franch and Scott McCleskey on RuleBook AI

What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT? These questions are but three of the many questions we will explore in this cutting-edge podcast series,...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: October 11, 2024 – The Breaking Up May Be Hard to Do Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All...more

DLA Piper

Argentina Regulates Framework for Private Placements

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On September 18, 2024, the Argentine Securities and Exchange Commission (CNV) issued Resolution No. 1016 (the Resolution), which regulates the country’s framework for the private placement of securities and cross-border...more

Mayer Brown Free Writings + Perspectives

SEC Charges Company with Misleading Recyclability Claims

In September 2024, the Securities and Exchange Commission charged a consumer products company (the “Company”) with having made inaccurate claims regarding the recyclability of its single-use coffee pods.  The SEC found that...more

Cooley LLP

Out of compliance with NYSE listing standards? Better fork over your unpaid fees

Cooley LLP on

The NYSE has proposed a new rule change: if a company is out of compliance with a continued listing standard and it owes the NYSE any unpaid fees, the NYSE will not review a compliance plan submitted by that company and,...more

Kramer Levin Naftalis & Frankel LLP

The 2024 Election Cycle and the SEC

With the U.S. election cycle in full swing and the presidential election just around the corner, there is speculation on how government regulators could be affected by the outcome. In general, commentators have coalesced...more

Woodruff Sawyer

Close, but No Cigar: Ensuring Accuracy in Public Disclosures

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A recent enforcement action by the Securities and Exchange Commission (SEC) highlights the risks companies face when public disclosures may be viewed as misleading or fail to account for updated information....more

Cooley LLP

The SEC Updates Protocols for Your Edgar Accounts

Cooley LLP on

Recently, the SEC adopted rule changes to improve the security of filer EDGAR access, including amending Form ID. As Cydney Posner lays out in her PubCo blog, the rule changes impact companies so that...more

Locke Lord LLP

FUNDamentals: Navigating FinCEN’s ‎New AML Regulations for Investment ‎Advisers

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On August 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”) that amends the definition of “financial institution” under the Bank Secrecy Act...more

DarrowEverett LLP

The Power of Preferred Stock: A Primer for VC, PE, and Founders

DarrowEverett LLP on

Preferred stock is a key financing instrument in the world of private equity (PE) and venture capital (VC), frequently used to balance the interests of investors and founders. Issued by corporations, preferred stock confers...more

Carlton Fields

Going Up: SEC Cyber Incident Reporting - Regulation S-P Amendments Take It to Next Level

Carlton Fields on

On May 16, 2024, the SEC breathed new life into its decades-old Regulation S-P, which requires firms to adopt policies and procedures for the protection of customer information and records. The amended rule balloons the...more

Allen Matkins

Yet Another Corporation Proposes Move From Delaware To Nevada

Allen Matkins on

Regular readers of this blog will know that Nevada corporate law has been a long-time interest for me.  That interest began several decades ago when I wrote the first treatise on Nevada corporate law.  That treatise was...more

Seward & Kissel LLP

Continued SEC Enforcement Actions Relating to Off Channel Communications

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Who may be interested: Registered Investment Advisers, Registered Investment Companies, Compliance Staff - Quick Take: The SEC recently announced a number of additional enforcement actions relating to recordkeeping...more

Snell & Wilmer

SEC v. Panuwat: The SEC’s “Shadow Trading” Paradigm

Snell & Wilmer on

On April 5, 2024, the Securities and Exchange Commission (“SEC”) obtained its first favorable insider trading verdict based on “shadow trading.” The SEC filed suit against Matthew Panuwat, claiming that he accessed highly...more

Dechert LLP

Delaware Court of Chancery Emphasizes the High Burden of Pleading Oversight Claim

Dechert LLP on

Court of Chancery rejects Plaintiffs’ claims that directors engaged in “affirmative lawbreaking for profit”, finding alleged “trifling or technical” violations are ones “over which reasonable minds can differ.” Court...more

Thomas Fox - Compliance Evangelist

Business Integrity Innovations: Championing Integrity – Em Ekong on the Future of African Entrepreneurship

The Compliance Podcast Network (CPN) and the Center for International Private Enterprise (CIPE) bring you Business Integrity Innovations. This podcast is inspired by Ethics 1st, a multi-stakeholder initiative led by CIPE that...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: Assess and Act on Internal Reports Thoroughly

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned...more

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