Orrick - Securities Litigation and Regulatory Enforcement Group

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The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669, United States
Contact: Michael Torpey, Practice Leader
Phone: 415-773-5700
Fax: 415-773-5972
Areas of Practice
  • Class Action
  • Finance & Banking
  • Litigation
  • Mergers & Acquisitions
  • Securities Law
  • Taxation
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • Washington
Other Countries
  • China
  • France
  • Germany
  • Hong Kong
  • Italy
  • Japan
  • Russia
  • Taiwan
  • United Kingdom
Number of Attorneys
50-100 Attorneys

SEC Proposes a “Best Interest” Standard for Broker-Dealers

On April 18, 2018, the Securities and Exchange Commission proposed a set of rules and interpretations regarding the standard of conduct that broker-dealers owe to their investing customers, and reaffirming and clarifying the…more
 /  Commercial Law & Contracts, Securities Law

D.C. Circuit Holds PCAOB Improperly Denied Target Of Investigation Access To Expert Assistance

A D.C. Circuit panel unanimously ruled that the Public Company Accounting Oversight Board (“PCAOB”) acted unlawfully by denying former Ernst & Young partner Marc Laccetti his right to bring an accounting expert to an…more
 /  Commercial Law & Contracts, Securities Law

Fifth Circuit Vacates Department Of Labor’s Fiduciary Rule

Last week, a divided panel of the U.S. Court of Appeals for the Fifth Circuit struck down the U.S. Department of Labor’s (“DOL”) “Fiduciary Rule,” a controversial measure that redefined exemptions to Employee Retirement Income…more
 /  Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

Looking Out For Main Street: SEC Focuses On Retail, Cybersecurity And Cryptocurrency

The Commissioners and senior officials of the Securities and Exchange Commission (“SEC” or “Commission”) addressed the public on February 23-24 at the annual “SEC Speaks” conference in Washington, D.C. Throughout the conference,…more
 /  Commercial Law & Contracts, Finance & Banking, Securities Law

FINRA Enforcement Head Explains Why Enforcement “Isn’t Rocket Science”

In a speech at the SIFMA AML Conference last week, FINRA Head of Enforcement Susan Schroeder openly explained the “straightforward framework” that Enforcement uses when making decisions about enforcement actions…more
 /  Commercial Law & Contracts, Finance & Banking, Securities Law

SEC’s OCIE Announces 2018 Areas of Focus

On February 7, 2018 the SEC’s Office of Compliance Inspections and Examinations (OCIE) announced its 2018 National Exam Priorities. The priorities, formulated with input from the Chairman, Commissioners, SEC Staff and fellow…more
 /  Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

No Direct Cause, No Restitution

A recent federal appellate decision shows there are limits to the ability of a regulator to claim monetary sanctions for statutory violations. Last week the 11th Circuit held that investors whose losses were solely associated…more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Securities Law

Financial Derivatives Intermediaries Who Trade Virtual Currencies Face the NFA’s Enhanced Reporting Requirements

Derivatives regulators continue to take actions that pull virtual currencies – also known as digital currency or cryptocurrency, the best known of which is bitcoin – into their regulatory schemes…more
 /  Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

The Best Defense Is A Good Offense: FCPA Corporate Enforcement Policy Cements Importance Of Compliance Programs

The Department’s revised FCPA Corporate Enforcement Policy—which will be incorporated into the United States Attorneys’ Manual—builds on and makes permanent the Department’s 2016 FCPA Pilot Program…more
 /  Commercial Law & Contracts, International Law & Trade, Securities Law

The SEC Enforcement Division 2017 Annual Report: Continued Focus On Individual Wrongdoers And Enhanced Protections For The “Main Street” Investor

Almost a year into the new administration, the U.S. Securities and Exchange Commission’s Division of Enforcement released its annual report last week, providing a recap of the SEC’s enforcement results over the past 12 months,…more
 /  Business Organizations, Business Torts, Finance & Banking, Securities Law

FCPA Violators Beware—SEC To Double Down On Enforcement

The SEC has signaled plans to double down on its FCPA enforcement efforts and speed up FCPA investigations. On November 9, 2017, Steven Peikin, Co-Director of the SEC’s Enforcement Division, delivered a speech at New York…more
 /  Commercial Law & Contracts, International Law & Trade, Securities Law

Sudan Now Open For Business, But Risks Remain

On October 12, 2017, the United States made permanent its lifting of a longtime general embargo on trade and investment with Sudan. As a result, U.S. individuals and companies are now generally free to engage in transactions…more
 /  Commercial Law & Contracts, Elections & Politics, International Law & Trade, Securities Law

Breaking Down Telia: One of the Largest FCPA Settlements and the First of the Trump Administration

The recent settlement by Telia Company AB (“Telia”), the first of the U.S. Department of Justice (“DOJ”) under the Trump administration and one of the largest FCPA enforcement actions to date, has been touted by some as a sign…more
 /  Commercial Law & Contracts, Communications & Media Law, International Law & Trade, Securities Law

The SEC Wants To Know What’s Next For Blockchain: Are You Keeping Up?

On October 12, 2017, the United States Securities and Exchange Commission’s Investor Advisory Committee met to discuss Blockchain technology and its impact on the securities industry…more
 /  Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

Supreme Court Likely To Decide Whether To Hear SEC ALJ Issue This Term

As the U.S. Supreme Court commenced a new term last week, one issue of substantial interest to many readers of this blog is whether the Court will address the constitutionality of the Securities & Exchange Commission’s use of…more
 /  Administrative Law, Commercial Law & Contracts, Constitutional Law, Securities Law
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