News & Analysis as of

Bad Actors Enforcement Actions

Wiley Rein LLP

Robocall Enforcement: Voice Providers Should Take Note of FCC’s New “C-CIST” Designation for Actors Posing a “Significant Threat”...

Wiley Rein LLP on

On May 13, the Federal Communications Commission’s (FCC or Commission) Enforcement Bureau (Bureau) classified for the first time a group of entities and individuals – dubbed “Royal Tiger” – as a Consumer Communications...more

Kohn, Kohn & Colapinto LLP

Gensler discusses markets “ripe with misconduct” and new SEC rules to address Changing Times

On September 12, the U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler testified before the U.S. Senate Committee on Banking, Housing, and Urban Affairs. His testimony emphasized that market growth combined...more

Oberheiden P.C.

AML Enforcement

Oberheiden P.C. on

Federal law enforcement takes money laundering and other suspicious transactions extremely seriously. Unfortunately, this does not mean that legal scrutiny is confined to the criminal actors and organizations that launder...more

Fisher Phillips

Federal Authorities Warn Employers Against Ransomware Payouts and Offer New Guidance on Preventing and Responding to Cyberattacks

Fisher Phillips on

Federal officials have recently warned employers and businesses that they could have insult added to injury if they respond to cyberattacks by making ransomware payments – increasingly requested through cryptocurrency – as...more

K2 Integrity

Digging Deeper Episode 7: Uncovering and Combatting Fraud

K2 Integrity on

In Episode 7 of Digging Deeper, Chris Morgan Jones and Darren Matthews explore how fraudsters find new avenues to take advantage of a business, and some cases where investigators cracked the code on bad actors....more

Faegre Drinker Biddle & Reath LLP

SEC Enforcement Victory in its Efforts to Police Cannabis Industry Investments

As the cannabis industry continues to evolve and generate capital raising and investment opportunities, the SEC Division of Enforcement will continue to closely keep watch and target the bad actors that new market...more

Brownstein Hyatt Farber Schreck

Robocall Legislation Moves Forward

Compromise robocall legislation, called the Pallone-Thune TRACED Act (“Act”), is likely to be enacted soon. The Act enhances the Federal Communications Commission’s (“FCC”) enforcement powers, mandates adoption of the...more

Farrell Fritz, P.C.

What to Make of SEC Leniency in Block.one ICO Settlement?

Farrell Fritz, P.C. on

On September 30, 2019, the Securities and Exchange Commission announced that blockchain developer Block.one had agreed to pay a $24 million fine to settle charges that it had engaged in an unregistered offering of securities...more

Carlton Fields

SEC Now May Consider a Simultaneous Settlement Offer and Waiver Request

Carlton Fields on

Certain “bad actors” who settle with the SEC may be subject to automatic disqualifications or collateral consequences under federal securities laws and regulations. The Commission, however, may grant a settling party’s...more

Mintz - Consumer Product Safety Viewpoints

Highlights of the FTC’s Workshop on Made in the USA Claims

In Fleetwood Mac’s magnum opus, “Landslide,” Stevie Nicks croons, “Well, I’ve been ‘fraid of changin’ ‘cause I’ve built my life around you.” The FTC’s recent workshop on Made in the USA claims reveals a similar hesitancy to...more

Faegre Drinker Biddle & Reath LLP

Compliance Officers Beware: Your Conversations With the NFA During Examinations Could Lead to Charges

The U.S. Commodity Futures Trading Commission (“CFTC”) sent a strong message to Chief Compliance Officers (“CCO”) this week when it held a CCO held accountable for lying to the National Futures Association (“NFA”) during an...more

A&O Shearman

SEC Chairman Announces Significant Changes to Commission Procedures for Considering Disqualification Waivers

A&O Shearman on

On July 3, 2019, Chairman Jay Clayton of the Securities and Exchange Commission (SEC) issued a Statement Regarding Offers of Settlement (the “Public Statement”) to announce a significant shift in the SEC’s process of...more

Proskauer - The Capital Commitment

SEC Announces New Approach to Disqualification Waivers

On July 3, 2019, SEC Chairman Jay Clayton issued a “Statement Regarding Offers of Settlement” (the “Statement”), announcing important changes to how the SEC will consider future requests for waivers from disqualifications in...more

Morgan Lewis

SEC Chairman Clayton Makes Statement on Seeking Disqualification (‘Bad Actor’) Waivers

Morgan Lewis on

US Securities and Exchange Commission Chairman Jay Clayton issued a statement on July 3 that should help to rationalize the process for firms seeking waivers from disqualification resulting from certain enforcement actions....more

Morgan Lewis

Bad Actor Disqualification Act of 2019 Introduced in House

Morgan Lewis on

A recent bill has been introduced again in the US House of Representatives that would make it much tougher for firms subject to SEC enforcement actions to obtain waivers for bad actor disqualifications in federal securities...more

Faegre Drinker Biddle & Reath LLP

TCPA Legislation on the Horizon?

While the FCC has a record open to adopt guidance and a new definition for what it considers as an “automatic telephone dialing system” (ATDS) and related TCPA matters, there appears to be growing consensus on “Robocall”...more

Mintz - Health Care Viewpoints

Update on FDA’s Comprehensive Regenerative Medicine Policies and Enforcement Activities

Since our 2018 year-end post on the busy FDA regulatory agenda, we are nearing the halfway mark of the “grace period” the Agency has extended for certain regenerative medicine product developers to come into compliance by...more

Sheppard Mullin Richter & Hampton LLP

SEC Issues $1 Million Identity Theft Rule Fine

The Securities and Exchange Commission recently settled with Voya Financial Advisors, Inc. for alleged violation of Regulation S-ID (otherwise known as the Identity Theft Red Flags Rule) and Regulation S-P (otherwise known as...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Department of Justice: Environment and Natural Resources Division 2017 Report

The Environment and Natural Resources Division (“ENRD”) of the United States Department of Justice released on April 30th its “Accomplishments Report” (“Report”) for 2017. ENRD describes the Report as highlighting its...more

Carlton Fields

Can “Bad Actors” Wave Goodbye to SEC Waivers?

Carlton Fields on

The SEC has been thinking harder before waiving automatic disqualifications that the federal securities laws and regulations impose on so-called "bad actors." Without such waivers, companies may be barred from, among...more

Dorsey & Whitney LLP

The Disqualification Provisions and the SEC’s Use of Wavers

Dorsey & Whitney LLP on

One key debate regarding current SEC enforcement policy centers on the application of the so-called “bad actor” provisions. Previously the Commissioners split over the nature, use and application of those provisions. ...more

Stinson - Corporate & Securities Law Blog

Bad Actor Disqualifications Are Not Sanction Enhancements

SEC Commissioner Daniel M. Gallagher delivered a speech where he considered the role of bad actor disqualifications in the context of the SEC’s enforcement initiatives. According to the Commissioner, the purpose of bad actor...more

Stinson - Corporate & Securities Law Blog

SEC Grants Second Bad Actor Waiver With Conditions

SEC Commissioner Kara Stein recently described what many saw as a possible model for harsher bad actor waivers after settling a matter with the SEC. According to Ms. Stein “The waiver was for a limited time, and only if...more

Stinson - Corporate & Securities Law Blog

SEC Grants First Rule 506 Bad Actor Waiver

The SEC has granted the first bad actor waiver under Rule 506 to RBS Securities. RBS pointed out the following to the SEC...more

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