Back in July 2008, we discussed an emerging tactic in the defense of SEC enforcement actions: settling the case against you in all respects except for the issue of the SEC’s demand for an officer and director bar, and litigating the bar issue. A case decided yesterday shows that not all defendants adopting this strategy will be successful in avoiding an O&D bar. Full details are avilable in this post on my Enforcement Action blog over at Compliance Week.
