Monthly Archives: March 2020

Non-U.S. Issuers Targeted in Securities Class Action Lawsuits Filed in the United States

Companies headquartered or with principal places of business outside the United States (“non-U.S. issuers”) continue to be targets of securities class actions filed in the United States. Indeed, 2019 continued to see an uptick in the number of securities class action lawsuits brought against non-U.S. issuers from the previous year, consistent with the general trend of filings trending upwards over…

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U.S. corporate crisis bailouts may prove bonanza for insider trading, new study warns – Reuters

The research, from scholars at the University of Pennsylvania’s Wharton School, Stanford University, University of Cambridge and IESE Business School, found insider trading profitability jumped dramatically during the 2007-2009 global financial crisis and subsequent government bailout.“ Anytime the government picks winner and losers, there is a greater opportunity for insider trading by connected individuals,” said Daniel Taylor, an associate professor…

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‘Corporations don’t get a free pass because of COVID-19’- Robbins Geller’s Randy Baron – Reuters

The Robbins Geller lawyer pushed back hard against the premise that shareholders’ and plaintiffs’ lawyers should relax their vigilance now. To the contrary: “Our job, if we take our job seriously, is not to say, ‘Well, it’s a horrible time so you guys get to do horrible mergers or self-interested mergers,’” Baron said. “The corporations don’t get a free pass…

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Cybersecurity and Fraud Risks for Fund Managers in the Wake of Coronavirus | Proskauer – The Capital Commitment – JDSupra

COVID-19 has created many new concerns for private fund managers; however, managers should be particularly mindful of heightened cybersecurity and fraud risks. With increased numbers of employees teleworking, there are increased vulnerabilities for cybercriminal intrusions creating privacy-related risks for fund portfolio information, LP confidential data, and other sensitive electronically-stored materials. via Cybersecurity and Fraud Risks for Fund Managers in the…

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How the SEC Enforcement Division Responds to a Crisis | Davis Polk & Wardwell LLP

The SEC has expressed its intent to respond proactively to the impact of the coronavirus on capital markets and investors. Risks to investors can become heightened during a market downturn, and we expect that the Enforcement Division will concentrate resources on certain types of investigations, including potential: (1) material misrepresentations and omissions about the impact of the coronavirus on public…

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Stanley Sporkin, Bane of Corporate Corruption, Dies at 88 – The New York Times

Stanley Sporkin, a legal crusader who, as the chief enforcement officer at the Securities and Exchange Commission, held American corporations accountable for making illicit campaign contributions in the United States and for bribing public officials abroad, died on Monday in Rockville, Md. He was 88. His death, from congestive heart failure in a hospice, was confirmed by his son Daniel.…

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Stanley Sporkin, crusading SEC enforcer and tough-minded U.S. judge, dies at 88 – The Washington Post

Stanley Sporkin, who was the scourge of industry in the 1970s as the crusading chief enforcement officer of the Securities and Exchange Commission and who later had a colorful and controversial tenure as a federal judge in Washington with strongly worded rulings on high-profile cases, died March 23 at a hospice center in Rockville, Md. He was 88. via Stanley…

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Statement from Stephanie Avakian and Steven Peikin, Co-Directors of the SEC’s Division of Enforcement, Regarding Market Integrity

We wish to emphasize the importance of maintaining market integrity and following corporate controls and procedures. For example, in these dynamic circumstances, corporate insiders are regularly learning new material nonpublic information that may hold an even greater value than under normal circumstances. This may particularly be the case if earnings reports or required SEC disclosure filings are delayed due to…

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