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The top Republican at the U.S. Securities and Exchange Commission, known for his critical views on corporate penalties, expressed some support on Friday for imposing them in cases in which companies violate foreign bribery laws. “I am generally comfortable with assessing civil monetary penalties in Foreign Corrupt Practices Act cases,” Acting SEC Chairman Michael Piwowar […]
In what appears to be the first appellate decision since the Supreme Court’s December 2016 ruling in Salman v. United States, the U.S. Court of Appeals for the First Circuit affirmed an insider-trading conviction based on a tip of material, nonpublic information. The February 24, 2017 decision in United States v. Bray held that the jury had […]
“In the short term, folks need to remember that, especially from an investigative and exam staff [standpoint], it will be a lot of business as usual,” Stephen Cohen, former associate director in the SEC’s Division of Enforcement, told me in a mid-February interview. Cohen, who recently joined Sidley Austin LLP as a partner in the […]
Get caught up with the Securities Docket News Wire for February 27, 2017.
Get caught up with the Securities Docket News Wire for February 24, 2017.
The questions facing the SEC are the same ones that it has faced many times before, but which events have now rendered acute.
How long does the Securities and Exchange Commission (SEC) have to bring a lawsuit asking for disgorgement of unlawful gains? The United States Supreme Court will decide that issue this term in Kokesh v. Securities and Exchange Commission. Under federal law, no “action, suit or proceeding for the enforcement of any civil fine, penalty, or […]
Get caught up with the Securities Docket News Wire for February 22, 2017.
Enforcement often relies on the presence of people with the authority to issue punishments, so cutting back is not so much a matter of changing the law as having fewer cops on the beat. We may be seeing the beginning of that kind of shift away from enforcement as President Trump’s administration works to roll […]