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Loss Coverage Securities and Exchange Commission (SEC)

Jones Day

New York High Court Finds Disgorgement Payment Insured "Loss" Rather Than Uninsurable "Penalty"

Jones Day on

Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more

Carlton Fields

SEC-ordered Disgorgement Is An Uninsurable “Penalty,” Not A Covered “Loss”

Carlton Fields on

A New York intermediate appellate court has ruled that a $140 million “disgorgement” payment ordered by the SEC in resolution of an investigation into securities laws violations was a “penalty” that was not covered by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recurring Issues in Accounting for Litigation Contingencies

Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory/enforcement matters and the underlying accounting...more

Goodwin

SEC Staff Scrutinizing Registered Fund Names That Suggest Loss Protection

Goodwin on

The Staff of the SEC’s Division of Investment Management issued IM Guidance Update 2013-12 in which the Staff “encourages investment advisers and funds’ boards of directors to carefully evaluate any fund name that suggests...more

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