‘Enforcement 40’ for 2020
Join Us On LinkedIn
Join the Securities Litigation and Enforcement Group on LinkedIn
By Securities Docket on June 12, 2011, 1:06 pm
Madoff investors ask court to review 108 so-called clawback actions.
By Securities Docket on June 2, 2010, 4:17 pm
SEC also charges former CEO under “clawback” provision of Section 304 of SOX
By Securities Docket on September 25, 2009, 11:39 am
Jenkins’ motion to dismiss complains of “Draconian penalty on an admittedly innocent person.”
By Securities Docket on August 6, 2009, 10:42 am
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.
By Securities Docket on July 22, 2009, 1:20 pm
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 […]
By Securities Docket on March 26, 2009, 3:34 pm
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.
By Securities Docket on March 26, 2009, 1:28 pm
The presentation materials for today’s webcast sponsored entitled “Examining the Bankruptcy Trustee’s Controversial ‘Clawback’ Tool” are now available here.
By Securities Docket on March 26, 2009, 9:17 am
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.
By Securities Docket on March 20, 2009, 3:52 pm
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 […]
By Securities Docket on February 19, 2009, 3:26 pm
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.