News & Analysis as of

Securities Violations Investigations

Nelson Mullins Riley & Scarborough LLP

[Webinar] FinTech University: Fear the Reaper - FinTech and Digital Assets Litigation - September 3rd, 2:00 pm - 3:00 pm EDT

With the past year marked by a number of enforcement actions and investigations by the U.S. Securities and Exchange Commission (SEC) and other regulators against major actors in the digital assets space. This webinar will...more

Sheppard Mullin Richter & Hampton LLP

What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications

Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of...more

Akin Gump Strauss Hauer & Feld LLP

SEC Announces First Off-Channel Communications Enforcement Action Against a Standalone Private Fund Manager

On April 3, 2024, the U.S. Securities and Exchange Commission (SEC) announced its first enforcement action against a registered investment adviser (RIA) with no ties to a broker-dealer regarding so-called “off-channel”...more

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

K&L Gates LLP

Recent Settlements Provide Insight on the SEC's Approach to Self-Reporting and Cooperation Credit in Enforcement Actions

K&L Gates LLP on

Introduction - A perennial message from the Securities and Exchange Commission (SEC) Division of Enforcement is to extol the benefits of cooperation with enforcement investigations. The link between cooperation and a...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] FinTech University: FinTech, SEC, and OFAC Investigations - October 3rd, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech, SEC, and OFAC investigations. This webinar will examine how the U.S. Securities and Exchange Commission (SEC) and Office of Foreign Assets Control...more

Vinson & Elkins LLP

[Hybrid Event] Navigating the SEC: A 2023 Look Back and Look Forward - August 31st, Houston, TX

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Sarah Morgan, M&A and Capital Markets partner, and Rebecca Fike, Securities Litigation and Government Investigations partner will give a look back at the first half of 2023 through SEC Enforcement actions, public speeches,...more

Oberheiden P.C.

SEC Continues to Target Brokers and Investment Advisors with Cherry Picking Investigations

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) has conducted several publicized investigations focused on broker and investment adviser or advisor cherry-picking in recent years. Most recently, the SEC announced on August...more

Oberheiden P.C.

What Should You Expect, Do, and NOT Do During a FINRA Investigation?

Oberheiden P.C. on

Financial Industry Regulatory Authority (FINRA) investigations present significant risks for broker-dealers. Not only can FINRA take enforcement action—including the imposition of penalties and barring broker-dealers from the...more

Oberheiden P.C.

Ten Key Facts about SEC Investigations for CEOs and In-House Counsel

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) investigates publicly-traded and privately-held companies for a broad range of statutory and regulatory violations. SEC investigations can target issues ranging from...more

Vinson & Elkins LLP

[Hybrid Event] Navigating Inside the SEC - January 26th, Houston, TX

Vinson & Elkins LLP on

In our biannual “Navigating Inside the SEC” program, Rebecca Fike will cover the fiscal year results from the SEC’s Division of Enforcement and what they have communicated about the Commission’s priorities in 2022, recent...more

Spilman Thomas & Battle, PLLC

Is that ‘Possible Misconduct’ in Cryptocurrency Advertising? FTC Investigates

There is more news of recent investigations and charges involving people in the cryptocurrency world. The FTX cryptocurrency exchange recently collapsed. Its CEO, Sam Bankman-Fried, has been arrested in the Bahamas and...more

Latham & Watkins LLP

SEC Investigations Guide - Second Edition: December 2022

Latham & Watkins LLP on

Even public companies with a strong code of conduct, an exemplary tone at the top, robust internal controls, and a culture of compliance may face allegations of misconduct that can lead to an investigation by the Division of...more

Patterson Belknap Webb & Tyler LLP

Notable SEC Decisions: 2022 H1

Each year, the U.S. Securities and Exchange Commission (SEC) publishes its enforcement priorities – a reminder that, although the Division of Examinations (EXAMS) remains committed to monitoring compliance with (and...more

Jones & Keller, P.C.

Four Decision Points in SEC Securities Investigations

Jones & Keller, P.C. on

Defending securities actions on behalf of clients requires strategy in navigating a tricky process, which can be unique in each situation. If you are interested in this topic, you likely already have some idea of the lay of...more

Jones & Keller, P.C.

Four Decision Points in SEC Securities Investigations

Jones & Keller, P.C. on

Defending securities actions on behalf of clients requires strategy in navigating a tricky process, which can be unique in each situation. If you are interested in this topic, you likely already have some idea of the lay of...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] The SEC and FCA Annual Reports: Facts, Figures, Trends

In this episode, Akin Gump financial regulatory partner Helen Marshall and white collar defense and government investigations practice co-head Michael Asaro look at SEC and FCA’s annual reports to discuss similarities,...more

Oberheiden P.C.

The SEC Investigation Process: An Overview

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) investigates companies, brokerage firms, and individuals for a broad range of statutory and regulatory violations. These investigations can lead to civil or administrative...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Upholds Enforceability of SEC Tolling Agreements

In Securities & Exchange Comm’n v. Fowler, No. 20-1081, 2021 WL 3083655 (2d Cir. July 22, 2021), the United States Court of Appeals for the Second Circuit upheld a lower court judgment awarding the Securities and Exchange...more

Oberheiden P.C.

The 5 + 5 + 5 of SEC Defense

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) investigates companies (and individuals) for a broad range of federal offenses. This includes offenses that are both civil and criminal in nature, and that can carry penalties...more

Wiley Rein LLP

SEC Investigation of Company Not a “Claim” or “Securities Claim”

Wiley Rein LLP on

Applying New York law, the United States District Court for the Southern District of New York has held that an SEC investigation of the insured company did not constitute a “Securities Claim,” where the term expressly...more

Society of Corporate Compliance and Ethics...

SEC awards $1.1 million to whistleblowers who assisted in investigations

CEP Magazine (March 2021) - On January 7, five whistleblowers were awarded more than $1.1 million by the U.S. Securities and Exchange Commission (SEC) for their help in various stages of investigations that led to...more

Cooley LLP

Alert: New SEC Leadership to Focus on Enforcement

Cooley LLP on

What happened President Joe Biden announced that he would nominate Gary Gensler to serve as the next chairman of the US Securities and Exchange Commission. Gensler formerly served as head of the Commodity Futures Trading...more

Faegre Drinker Biddle & Reath LLP

SEC Enforcement’s First Public Company Cases Resulting from its EPS Initiative

On September 28, 2020, the U.S. Securities and Exchange Commission (the “SEC”) announced two settlements against public companies and individual charges against the former controller and chief accounting officer and the...more

Faegre Drinker Biddle & Reath LLP

The SEC Sees a Significant Uptick in Tips, Complaints, and Referrals

From mid-March to mid-May, the SEC received more than 4,000 tips, complaints, and referrals. This, according to one of the SEC Co-Directors of the Division of Enforcement, represented a 35% increase over the same period last...more

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