‘Enforcement 40’ for 2020
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Join the Securities Litigation and Enforcement Group on LinkedInMultiplied and Parallel Litigation: The Mess that Cyan has Wrought | The D&O Diary
As observers have discussed the kinds of problems that the U.S. Supreme Court’s Cyan decision can create, specific concerns have included the possibility of parallel state and federal court litigation, and even the possibility of parallel litigation in multiple states. In the course of the discussion of these issues, these litigation risks might have seemed […]
Putting “Litigation” Back in “Securities Litigation” | D&O Discourse
This post discusses a fundamental, structural, and deepening problem with securities class action defense: the lack of actual litigation past the motion to dismiss process. In other words, there is virtually no “litigation” in securities and governance litigation. Why is that so, and what can we do about it? After diagnosing the problem and discussing the harm it is […]
SEC Enforcers Continue to Focus on Undisclosed Fees | LexBlog
In a series of enforcement cases over the past few months, the SEC has continued to bring actions focused on undisclosed fees charged to clients. Many of these cases have charged firms with fraud and other violations based on fees that were not adequately disclosed. While some attention has focused on retail wealth managers, institutional […]
House Passes Bill Extending Time SEC Has to Recoup Money from Fraudsters
The U.S. House of Representatives has approved a bill granting the SEC more time to recover money from fraudsters. The Investor Protection and Capital Markets Fairness Act would give the SEC up to 14 years to bring cases and recoup money for victims of financial abuse, according to a press release from Rep. Ben McAdams, […]