News & Analysis as of

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Baker Botts L.L.P.

Prosecuting Like Its 2007? New York Attorney General Brings Martin Act Insider Trading Action Against Former Public-Company CEO

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Over the last several months, there have been a number of reports about a perceived drop-off in enforcement activity by the U.S. Securities and Exchange Commission, including in the area of insider trading....more

Akin Gump Strauss Hauer & Feld LLP

SEC Enforcement Action Targets Insider Trading in the Pharmaceutical Industry

On December 22, 2025, the U.S. Securities and Exchange Commission (SEC) filed a complaint against several defendants for their roles in market manipulation schemes involving two pharmaceutical companies, Olema...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for Q4 2025

We publish a periodic roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. Despite the longest government shutdown in U.S. history, which ran from October 1 to...more

A&O Shearman

New York Attorney General Institutes Insider Trading Action under Martin Act

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On January 15, 2026, the New York Attorney General (“NYAG”) filed a complaint against a former life-sciences manufacturing CEO alleging violations of New York’s Martin Act for trading material nonpublic information related to...more

FBT Gibbons LLP

Prediction Markets Face New Compliance Era as Federal Oversight Intensifies

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Over the last several years, prediction markets (venues where traders buy and sell binary contracts tied to real‑world events) have moved from the margins of academia into a federally supervised market structure....more

Morrison & Foerster LLP

Biopharmaceutical Consultant Faces Criminal and Civil Insider Trading Charges

In case there was any doubt, insider trading enforcement—including DOJ criminal and SEC civil charges—remains a priority to kick off the new year. Last week, the U.S. Attorney’s Office for the District of Massachusetts...more

Bradley Arant Boult Cummings LLP

SEC Settles with Broker-Dealer for Policy and Procedure Violations But Walks Away From Fraud Claims

On December 2, 2025, the U.S. District Court for the Southern District of New York approved a settlement between the U.S. Securities and Exchange Commission (SEC) and a broker-dealer for policy and procedure violations and a...more

Paul Hastings LLP

NYDFS Puts Third-Party Service Providers Under Regulatory Spotlight

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The New York Department of Financial Services (NYDFS) issued an industry letter titled “Guidance on Managing Risks Related to Third-Party Service Providers” (Guidance) for Covered Entities engaging third-party service...more

Keating Muething & Klekamp PLL

Reg FD Compliance Reminder – Influencer Interview Triggers 8-K Filing

On October 26, 2025, the Chief Revenue Officer of Snowflake Inc. appeared to overstep the bounds of Regulation Fair Disclosure (“Reg FD”) when he made statements regarding Snowflake’s future financial results during an...more

Thomas Fox - Compliance Evangelist

Compliance into the Weeds: The NBA Betting Scandal - Lessons for the Compliance Professional

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore it more fully. Looking for some hard-hitting insights on...more

BakerHostetler

SEC and FINRA Probe DATs: What It Means and How To Respond

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It was recently reported that the U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) began probing Digital Asset Treasury companies (DATs), raising a variety of compliance...more

Baker Botts L.L.P.

Second Circuit Clarifies Scope of Insider Trading Liability

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Earlier this month, the U.S. Court of Appeals for the Second Circuit, arguably the most influential court in the country for federal securities law matters, issued an important decision regarding the scope of insider trading...more

Orrick, Herrington & Sutcliffe LLP

Cooperation Agreements, RSAs and MNPI Risk

Two recent SEC enforcement actions illustrate how participating in ad hoc creditor groups can expose lenders to material nonpublic information (MNPI), thereby creating risks in trading. Loan market participants should avoid...more

Venable LLP

Trading in the Shadows: Insider Trading Policies Post-Panuwat

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"Shadow trading" refers to the use of material, nonpublic information (MNPI) about one company to trade in the securities of a different, "economically linked" company, such as a competitor or business partner. ...more

Ballard Spahr LLP

Despite SEC's Sophisticated Methods of Detection, Insider Trading Continues in the Life Sciences Industry

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Many publicly traded companies in the life sciences industry are involved in the development of new drugs, devices, diagnostics, and medicines. These drugs and other life science products are subject to the FDA regulatory...more

BCLP

Proceed at Your Own Risk: Steps to Protect Confidential Information and Public Disclosures

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Public companies regularly face challenges in protecting confidential information relating to material announcements of corporate developments as well as financial results and other events. For example, recently, the U.S....more

Proskauer - The Capital Commitment

Regulatory Scrutiny on Potential MNPI in the Credit Markets

Over the past year, regulatory scrutiny of the credit markets has intensified, with the SEC investigating the potential use of material nonpublic information (“MNPI”) relating to credit instruments. The SEC brought a number...more

McDermott Will & Schulte

CLOs and Material Nonpublic Information: Key Takeaways from the SEC’s Settlement with Sound Point

In this alert, we present the key lessons to be learned from the U.S. Securities and Exchange Commission’s (the SEC) settlement with Sound Point Capital Management, LP (Sound Point), and discuss whether a similar enforcement...more

Foley & Lardner LLP

SEC Actions in Review: What Officers and Directors Should Know for 2025

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As the regulatory landscape continues to evolve, public company officers and directors must stay abreast of the enforcement priorities and expectations of the Securities and Exchange Commission (SEC). Over the past year, the...more

Fenwick & West LLP

Clinical Data FAQs: How to Approach Fundraising and Investor Relations

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For publicly traded biotech companies, disclosing clinical trial data can be an exciting milestone as you build towards an exit or public offering—but disclosure is a double-edged sword....more

Snell & Wilmer

SEC Reporting Update - December 2024

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Insider Trading Policies. As previously discussed in our Winter 2022-2023 Corporate Communicator, the Securities and Exchange Commission (“SEC”) adopted final rules in December 2022 relating to insider trading policy...more

Paul Hastings LLP

Public Company Watch: November/December 2024

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This edition of the Public Company Watch highlights critical updates and regulatory changes affecting public companies. Staying informed on these topics is crucial for effective compliance and strategic planning. Highlights...more

Holland & Knight LLP

3 French Hens? No. SEC Presses Enforcement on Insider Trading, Shadow Trading, Reg FD

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The SEC did not take its foot off the pedal in fiscal year (FY) 2024 when it came to prosecuting insider trading. In the third installment of Season's Readings, we consider several recent actions in which the agency secured...more

WilmerHale

SEC Enforcement Actions Reflect Expanding Focus on Advisers’ Policies and Procedures to Prevent Misuse of Material Nonpublic...

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The Securities and Exchange Commission (SEC) recently brought settled enforcement actions against two registered investment advisers for failing to establish, maintain, and enforce written policies and procedures reasonably...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Department of Financial Services Releases Guidance on Combating Cybersecurity Risks Associated With AI

On October 16, 2024, the New York State Department of Financial Services (NYDFS) released guidance highlighting the cybersecurity risks associated with artificial intelligence (AI) and how covered entities regulated by NYDFS...more

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