News & Analysis as of

Securities and Exchange Commission (SEC) Enforcement Actions

UB Greensfelder LLP

FINRA Examiners Are Unfairly Manipulating Non-Complaining Customers To Trigger Complaints

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I have watched enough medical shows over the years, from the awesome St. Elsewhere to the never-ending Grey’s Anatomy, to have heard umpteen times that the Hippocratic Oath includes the admonition that doctors “do no harm.” ...more

DLA Piper

Food and Beverage News and Trends - September 2024 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape....more

BakerHostetler

Weekly Blockchain Blog - September 2024 #3

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Leading U.S. Crypto Companies Announce Multiple New Products, Integrations - A major U.S. cryptocurrency exchange recently announced the launch of cbBTC – an ERC20 token backed 1:1 by bitcoin held by the exchange. The new...more

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

Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more

Latham & Watkins LLP

SEC Reels in Fishy NFT Project

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In its third action involving NFTs, the SEC targets a restaurant membership token tied to fundraising and promises of potential price appreciation for buyers....more

Thomas Fox - Compliance Evangelist

The John Deere’s FCPA Case: A Throwback to Compliance Fundamentals

In the world of corporate compliance, some very basic compliance lessons seem destined to be repeated. This was certainly clear from the recently announced Securities and Exchange Commission (SEC) Foreign Corruption Practices...more

Wiley Rein LLP

The Legal Tightrope: Surviving Parallel Investigations

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Welcome to the Parallel Proceedings Podcast, hosted by Kevin Muhlendorf, a partner in Wiley’s White Collar & Government Investigations Practice who also leads the firm’s Securities Enforcement and Litigation Team. Kevin, a...more

Clark Hill PLC

Right To Know - September 2024, Vol. 21

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Mayer Brown Free Writings + Perspectives

SEC Charges Eleven Institutional Investment Managers with Reporting Failures

On September 17, 2024, the Securities and Exchange Commission announced cease-and-desist proceedings against eleven institutional investment managers for failure to file reports required by the Securities Exchange Act of...more

Mintz

Recent Greenwashing Litigation Focuses on Consumer Products

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Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government regulators--that highlight the current focus on consumer products as a centerpiece of...more

The Volkov Law Group

The Deere SEC FCPA Settlement: A Textbook Case of Expense Abuse (Part I of II)

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The SEC’s recent settlement with Deere & Company for $9.9 million for FCPA violations is another textbook example of bribery schemes, which revealed the absence of a culture of compliance, and the circumvention of basic...more

Fenwick & West LLP

Securities Law Update - September 2024

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Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more

Foley & Lardner LLP

SEC’s Focus on Whistleblower Protection Practices Continues

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On September 9, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it settled charges against seven public companies for alleged violations of Securities Exchange Act Rule 21F-17. According to the SEC,...more

Wiley Rein LLP

Navigating Government Contracts: Diana Shaw on Oversight and Whistleblower Protections

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In this episode, Craig Smith and Brian Walsh welcome Diana Shaw, a partner in Wiley's White Collar and Government Investigations practice, who shares insights from her experience as a former Acting Inspector General for the...more

BCLP

SEC Roasts Keurig for Claims Regarding Recycling of K-Cup Pods

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On September 10, 2024, the SEC announced that it had charged Keurig Dr. Pepper for making incomplete, and therefore inaccurate, statements regarding the recyclability of its popular K-cup pods....more

WilmerHale

SEC Continues Scrutiny of Provisions That Might Impede Whistleblowers

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On September 9, 2024, the Securities and Exchange Commission (SEC) announced settled charges against seven public companies for violations of certain whistleblower protections provided by Rule 21F-17 under the Securities...more

Cranfill Sumner LLP

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

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Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house...more

A&O Shearman

Looking Back And Moving Forward – 2023 FCPA Enforcement Trends And Patterns

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While 2023 saw a slight increase in the number of FCPA enforcement actions from 2022, there was a marked decline in total penalties from the prior year. Last year, the DOJ and the SEC resolved a total of 14 corporate...more

Jones Day

SEC Settles Charges with Keurig Over ESG Disclosures

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On September 10, 2024, the SEC settled charges against Keurig for "incomplete and inaccurate" ESG disclosures about the recyclability of Keurig's K-Cup pods, signaling a continued focus on environmental-related disclosures...more

Dorsey & Whitney LLP

Companies Subject to U.S. Jurisdiction Should not Restrict Personnel from Being SEC Whistleblowers, or Receiving SEC Whistleblower...

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SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more

Orrick, Herrington & Sutcliffe LLP

SEC charges company for defrauding customers for $6M via false IPO

On August 26, the SEC filed a complaint and demand for a jury trial against a South Dakota corporation, its China-based investment adviser, and their CEO for allegedly defrauding investors out of millions of dollars in...more

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

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The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

Alston & Bird

Shareholders Sharpen Focus on AI-Related Securities Disclosures

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What Happened? As Alston & Bird’s Securities Litigation Group reported, the number of securities class actions based on AI-related allegations is rising. With six new filings in the first half of 2024 and at least five more...more

SEC Compliance Consultants, Inc. (SEC³)

Nine Advisers Face $1.24 Million Fallout from SEC’s Marketing Rule Sweep

September 30 is the SEC’s fiscal year-end, so it's no surprise to see an uptick in enforcement cases this month. The latest slew of settlements involved violations of the Marketing Rule (Advisers Act Rule 204(4)-1) for...more

Perkins Coie

Whistleblower Protection Remains SEC Priority

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Last week, the SEC announced settled charges against seven public companies for use of agreements that the SEC alleges have provisions that violate the whistleblower protection rule. Coincidentally, I recently recorded a...more

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