O&D Bar

Fighting the SEC’s Demand for an O&D Bar

By Securities Docket on June 25, 2009, 11:48 am

Back in July 2008, we discussed an emerging tactic in the defense of SEC enforcement actions: settling the case against you in all respects except for the issue of the SEC’s demand for an officer and director bar, and litigating the bar issue. A case decided yesterday shows that not all defendants adopting this strategy will be successful in avoiding an O&D bar.

Posted in SEC | Tagged Features, O&D Bar

New Defense Strategy: Settle the Case, Take the O&D Bar to Trial

By Securities Docket on July 27, 2008, 5:57 pm

The SEC and Frank McPike, former interim CEO of a company called Competitive Technologies, reached a creative and novel agreement in the SEC’s case against McPike for allegedly participating in a scheme to manipulate the stock price of CT. As discussed in an article by CFO.com, the parties settled nearly all charges against McPike, but agreed to take […]

Posted in SEC | Tagged O&D Bar | 1 Response