News & Analysis as of

Material Misrepresentation Enforcement Actions

Holland & Knight LLP

SEC Cyber Enforcement Update: Which Way Are the SolarWinds Blowing? (Update)

Holland & Knight LLP on

This Holland & Knight blog post is the second installment in a two-part series that examines the challenges to the U.S. Securities and Exchange Commission's (SEC) charges in its landmark case against SolarWinds Corp....more

BCLP

The Supreme Court Considers Item 303 Violations as Basis for Securities Fraud Claims

BCLP on

Corporate executives know they must disclose in their companies’ financial statements trends or uncertainties affecting their business. Such disclosure is a requirement of Item 303 of SEC Regulation S-K....more

PilieroMazza PLLC

PilieroMazza Annual Review What DOJ’s Annual FCA Report Means for Government Contractors

PilieroMazza PLLC on

The False Claims Act remains an effective enforcement tool for the Justice Department, obtaining judgments over $10 Billion in the last three fiscal years combined. While the FCA remains the primary vehicle for the government...more

PilieroMazza PLLC

[Webinar] Annual Review: What DOJ’s Annual FCA Report Means for Government Contractors - March 13th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The False Claims Act remains an effective enforcement tool for the Justice Department, obtaining judgments over $10 Billion in the last three fiscal years combined. While the FCA remains the primary vehicle for the government...more

Holland & Knight LLP

Prefabricated Facts: SEC Charges "Queen of Mobile Homes," Others for Years-Long Scheme

Holland & Knight LLP on

A recent enforcement action from the Fort Worth Regional Office of the SEC reminds one of the agency's investor-protection mission and continued focus on those who deceive retail investors in the private offer and sale of...more

Bradley Arant Boult Cummings LLP

Falsely Certifying Receipts for Small Business Government Contractors Can Result in False Claims Act Liability

The U.S. District Court for the District of Columbia, in U.S. ex rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., et al., recently issued a decision in a False Claims Act (FCA) case that has potentially far-reaching...more

PilieroMazza PLLC

[Webinar] 2022 FCA Year in Review and Emerging Trends for 2023 - March 8th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Department of Justice (DOJ) recovered approximately $2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2022, a sharp decline from 2021 and the lowest...more

Mayer Brown Free Writings + Perspectives

Electric Vehicle Company Settles SEC Case

In another special purpose acquisition company (“SPAC”) related enforcement action, on December 21, 2021, the US Securities and Exchange Commission (“SEC”) issued an order instituting cease-and-desist proceedings (“Order”)...more

Proskauer - Corporate Defense and Disputes

Post-SPAC Nikola Settles SEC Inquiry, Agrees to Pay $125 Million

Nikola Corporation stormed onto the electric vehicle scene in 2016 offering concepts for zero-emission vehicles. While the SEC does not set emission standards, they have long had standards for omissions – and Nikola is being...more

The Volkov Law Group

DOJ Ends Standoff & Agrees to DPA with Huawei CFO Wanzhou Meng

The Volkov Law Group on

The long political and prosecution standoff between the U.S. Government/Department of Justice and Huawei/China ended abruptly last week when Wanzhou Meng, CFO of Huawei Technologies Co., Ltd. appeared in federal district...more

Akin Gump Strauss Hauer & Feld LLP

SEC Brings First-Ever ‘Alternative Data’ Enforcement Action

Key Points - The SEC has charged App Annie, Inc. and its former CEO with violations of Section 10(b) of the Exchange Act and Rule 10b-5, which constitute the primary mechanism for enforcing insider trading violations. This...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between July and October 2020. Class Certification - Cryptocurrency – Definition of a Security - Derivative...more

Polsinelli

Don’t Judge a Tradebook by Its Cover

Polsinelli on

The Securities and Exchange Commission (SEC) recently filed settled charges against Bloomberg Tradebook LLC (Bloomberg) for making material misrepresentations and omitting material facts about how the firm handled certain...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Regulatory Update - April 2019

This Hong Kong regulatory update provides an overview of key regulatory developments in the past three months relevant to companies listed (or planning to list) on The Stock Exchange of Hong Kong Limited (HKEx) and their...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

Fenwick & West LLP

Takeaways from SEC’s First Ever Enforcement Actions Against Cryptocurrency Firms for Failing to Register as a Broker-Dealer and...

Fenwick & West LLP on

Over the past year, the U.S. Securities and Exchange Commission has ramped up its scrutiny of cryptocurrencies and other digital token offerings. On Sept. 11, 2018, the SEC escalated its crackdown when it announced a pair of...more

Jones Day

Case Alleging Cryptocurrencies Are Securities Can Proceed to Trial

Jones Day on

The Situation: Federal prosecutors have asserted that two cryptocurrencies sold in initial coin offerings ("ICOs") are "securities" for purposes of federal securities laws in a criminal indictment alleging fraud against the...more

Farella Braun + Martel LLP

With Zenefits Settlement Award SEC Demonstrates Continued Commitment to “Unicorn” Scrutiny Despite Administration Change: Same Old...

Last week the SEC announced it had reached an agreement with privately-held company Zenefits, and its co-founder and former CEO Parker Conrad, to settle allegations that Zenefits materially misled Series B and C investors....more

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