Subscribe
‘Enforcement 40’ for 2020
Our Sponsors
Join Us On LinkedIn
Join the Securities Litigation and Enforcement Group on LinkedIn
Judge considers review of Madoff “clawback” suits
Madoff investors ask court to review 108 so-called clawback actions.
SEC Charges Diebold and Execs With Fraudulent Accounting Scheme
SEC also charges former CEO under “clawback” provision of Section 304 of SOX
Maynard Jenkins Fires Back at SEC in Clawback Case
Jenkins’ motion to dismiss complains of “Draconian penalty on an admittedly innocent person.”
Guest Column: Commission Alleges Violation of SOX 304
Guest columnists Nader H. Salehi and Elizabeth A. Marino of the law firm Bingham McCutchen LLP write that in SEC v. Maynard L. Jenkins, the Commission has broken new ground, essentially interpreting SOX 304 to have a strict liability standard.
SEC Files Novel “Clawback” Action Under SOX 304
The SEC has asked a federal court in Arizona to order the former CEO of CSK Auto Corporation to reimburse the company and its shareholders more than $4 million under SOX 304. According to the SEC, this is the first action seeking reimbursement under the SOX “clawback” provision (Section 304) from an individual who is […]
Archived Version and Materials Now Available For Today’s “Clawback” Webcast (Mar. 26)
The slides used in today’s webcast (“Examining the Bankruptcy Trustee’s Controversial ‘Clawback’ Tool”) are now available and can be obtained here. In addition, the archived version of the webcast is now available.
Today’s Webcast (March 26): Materials Available Here for “Examining the Bankruptcy Trustee’s Controversial ‘Clawback’ Tool”
The presentation materials for today’s webcast sponsored entitled “Examining the Bankruptcy Trustee’s Controversial ‘Clawback’ Tool” are now available here.
Today’s Webcast (March 26): Examining the Bankruptcy Trustee’s Controversial “Clawback” Tool
Please join us today at 2 pm Eastern for a webcast that will look at the bankruptcy “clawback” in detail. Among other things, we’ll discuss the law and precedent on when clawbacks are appropriate, how the trustee in the Madoff case and other cases such as Stanford and Westgate may apply the clawback provision, and how clawbacks can be fought off in certain situations. We’ll also address related economic and policy issues such as tax loss, damages, and perceptions of equity.
March 26 Webcast — Examining the Bankruptcy Trustee’s Controversial “Clawback” Tool
The Madoff Ponzi scheme has brought intense scrutiny to the “clawback,” a controversial tool of the bankruptcy trustee that can allow the trustee to clawback funds received from a bankrupt person or entity. Sometimes, as in the Madoff case, the people subject to the clawback are victims themselves. Join us for a webcast that will […]
Fox Business Video: Madoff Bankruptcy Trustee Will Seek “Clawbacks” Going Back Six Years
Fox Business News’ Adam Shapiro reports in this video that sources close to the Madoff bankruptcy proceedings say that the bankruptcy trustee will soon seek to clawback money from investors who withdrew money from the Madoff firm over the past six years.