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Securities and Exchange Commission (SEC) Enforcement Actions Fifth Amendment

Carlton Fields

The Hits Keep Coming for FINRA, Closing Out a Brutal Summer

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It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more

Goodwin

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action

Goodwin on

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more

Dechert LLP

DOJ Antitrust Updates CID Approach: Three Quick Takeaways

Dechert LLP on

The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying its intent to potentially use materials received in response to CIDs to launch secondary...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

Blank Rome LLP

Regulatory Update and Recent SEC Enforcement Actions

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FINRA Bar Results from Assertion of Fifth Amendment Right against Self-Incrimination in Criminal Action - On October 5, 2016, the Financial Industry Regulatory Authority (“FINRA”) barred an indicted investment adviser,...more

Burr & Forman

Tilton Tilts at SEC Enforcement, Again

Burr & Forman on

Having lost her initial suit (and appeal) to enjoin an SEC administrative enforcement action against her, the so-called “diva of distressed,” Lynn Tilton recently filed another lawsuit trying to halt her upcoming October 24...more

Fenwick & West LLP

Game of Phones: Employer-Issued Smartphones and Employee Fifth Amendment Protections

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A recent court decision holding that employees can claim the Fifth Amendment and refuse to unlock password-protected smartphones, even though the phones were issued by their employer for company business, demonstrates the...more

Fenwick & West LLP

Securities Litigation and Enforcement Newsletter

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In this our second edition of Fenwick’s Securities Litigation and Enforcement Newsletter, we continue to provide you with short insights about timely securities litigation and enforcement developments. This edition’s topics...more

Dorsey & Whitney LLP

DC Circuit: No Jurisdiction For Suits Re SEC Forum Selection Choice

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Suits challenging the SEC’s forum selection decisions continue to proliferate. As the trend has unfolded the Commission posted a memo on its website discussing the issue of forum selection and has proposed modifications to...more

Burr & Forman

D.C. Circuit Repulses Assault on the SEC’s Administrative Citadel

Burr & Forman on

The citadel of the SEC’s administrative forum has been under assault from several vectors over the past year or so, as a chorus of dissenting Respondents have mounted increasing challenges to its constitutional legitimacy, as...more

Proskauer Rose LLP

Seventh Circuit Rejects Court Challenge to Pending SEC Administrative Enforcement Proceeding

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The U.S. Court of Appeals for the Seventh Circuit held yesterday that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings where the...more

Dorsey & Whitney LLP

Another SEC Insider Trading Case: Does it Comply With Newman?

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The SEC continues to bolster its allegations regarding the relationships between tipper and tippee in insider trading cases as well as the knowledge of the tippee. Whether those allegations will be sufficient to meet the...more

Dorsey & Whitney LLP

SEC Brings Another Insider Trading Case Tied To Golf

Dorsey & Whitney LLP on

Golf is becoming a recurring theme in insider trading cases. Last month the SEC brought an insider trading action against a group of golf friends. That action, detailed here, was supported by a series of e-mails among the...more

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