Canadian Class Actions Take Off
Friday, August 07, 2009 3:03 PM
Dissecting the SEC’s Enforcement Numbers – and Its Fines (TheCorporateCounsel.net Blog)
Thursday, August 06, 2009 5:06 PM
In Enforcement’s case, the former goal seems to have been a high number of cases brought (undoubtably to impress Congress) – so low-hanging fruit often was pursued at the cost of not tackling some important cases. It sounds like that will now change.
Inside G.E., a Little Bit of Enron (Floyd Norris, NYT)
Thursday, August 06, 2009 4:55 PM
This week General Electric agreed to pay $50 million to settle a suit filed by the Securities and Exchange Commission that said the company fiddled with its books repeatedly early in this decade to preserve its reputation for making the numbers. Some of the details are eerily reminiscent of Enron.
Meet Robert Khuzami, The SEC’s New Enforcement Overlord (AmLaw Daily)
Thursday, August 06, 2009 4:06 PM
Lat night, The Am Law Daily trekked to the Association of the Bar of the City of New York. The main attraction: the SEC’s new enforcement division director, Robert Khuzami, who spoke to 500 people about the SEC’s plans.
SEC Settlement Tactic Raises Questions (Suzanne Barlyn, WSJ)
Thursday, August 06, 2009 3:51 PM
The SEC tactic of filing settled enforcement actions raise questions about how much – or how little – the public will ever know about events that may have contributed to one of the most serious financial crises in U.S. history.
The SEC vs. CEO Pay (Russell G. Ryan, WSJ Op-Ed)
Thursday, August 06, 2009 3:40 PM
A lawsuit filed on July 22 by the Securities and Exchange Commission (SEC) should send a mid-summer chill down the spine of every chief executive and chief financial officer of a U.S. public company.
A NEW SENATE BILL; A NEW SEC REGULATION (SEC ACTIONS)
Thursday, August 06, 2009 3:39 PM
Now, the buffer of the formal order process is gone. The evaluative process is significantly diluted. Now, the staff has the authority to conduct whatever formal investigations it deems appropriate.
Undoing Stoneridge? (The Conglomerate)
Thursday, August 06, 2009 3:38 PM
Some say Specter’s bill would once again throw American business to the trial lawyer wolves, but it is a tougher call than that.
It’s Been A While … DOJ Issues FCPA Opinion Procedure Release (FCPA Professor)
Thursday, August 06, 2009 3:37 PM
If only there was a procedure in place for companies subject to the FCPA to receive guidance from the DOJ as to its enforcement stance as to particular conduct! Well … actually there is.
The revenge of Madoff’s victims (Lynnley Browning, Reuters UK)
Thursday, August 06, 2009 3:33 PM
Madoff victims are organizing in a way that could change the way investors are treated in the future. Some say their efforts mark “the empowerment of the investor community as a political force.”
In Antibribery Law, Some Fear Inadvertent Chill on Business (Dionne Searcey, WSJ)
Thursday, August 06, 2009 3:30 PM
As the government cracks down on violators of the Foreign Corrupt Practices Act, some skeptics are pointing out potentially unintended consequences of the initiative that they say could cause corruption to proliferate in emerging markets.
The D&O Link to FCPA Activity: The Follow-On Civil Lawsuit (The D & O Diary)
Thursday, August 06, 2009 3:13 PM
A separate, follow-on civil action by shareholders or others is an increasingly frequent accompaniment of the FCPA enforcement activity, and this phenomenon is becoming significant for D&O insurance purposes.
Tenth Circuit reverses Nacchio’s sentence while thoughtfully discussing federal fraud sentencing (Sentencing Law and Policy)
Thursday, August 06, 2009 3:11 PM
This big sentencing opinion from the Tenth Circuit in the Nacchio case covers matters of great interest and importance to both sentencing theorists and practicing corporate lawyers. And how often do I get to say that?