Tag: Reviews

SEC enforcement against public companies – A recap of 2023 | Davis Polk

Overall, 2023 included examples of the SEC’s willingness to push the enforcement envelope by asserting claims against non-financial individuals at public companies, focusing on disclosures beyond financial performance, alleging accounting control violations in cases seemingly unrelated to accounting and alleging disclosure control violations even without an underlying false disclosure. The SEC also displayed its willingness to litigate against public companies…

Read More

Insider Trading Enforcement in 2022 | Jones Day

Each year, the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), and in recent years, the Commodity Futures Trading Commission (“CFTC”) dedicate substantial resources to investigating and prosecuting illegal insider trading across U.S. securities and commodities markets. This past year, we have observed significant developments and emerging trends in the enforcement of insider trading laws and regulations. For…

Read More

Ponzi Perspectives: 2022 Midyear Roundup | Ponzi Perspectives

McGuireWoods’ Ponzi Litigation team launched its Ponzi Perspectives blog in early 2021.  Since that time, our focus is to track key cases and decisions that have the potential to influence controlling law on Ponzi-related issues.  The blog also offers analysis on practical considerations when defending Ponzi litigation.  This 2022 mid-year round up summarizes the new cases and opinions analyzed throughout…

Read More

2021 Mid-Year Securities Enforcement Update

This mid-year update marks the first six months of the Commission under the Biden administration. Change came swiftly, yet is only just beginning. In this update, we look at the significant developments from the first six months of 2021, and consider what to expect from new leadership at the Commission and the Enforcement Division. In sum, it is safe to…

Read More

What’s Ahead at the SEC? | The D&O Diary

President Biden’s nominee to head the SEC, Gary Gensler, faced a grilling today before the U.S Senate banking committee as his nomination  proceeds through Congress. Although the outcome of his nomination technically remains uncertain, his eventual confirmation seems likely. With that possibility in mind, it seems timely to look ahead at some of the issues the agency may address and…

Read More

2019 Year-End Securities Enforcement Update

This year, the SEC’s review of the performance of the Enforcement Division has de-emphasized the statistics and focused more on qualitative measures of its performance. As Chairman Clayton noted in his December testimony to the Senate Banking Committee, “purely quantitative measures alone cannot adequately measure the effectiveness of Enforcement’s work, which can be evaluated better by assessing the nature, quality…

Read More

What to Expect From White-Collar Prosecutions in 2020 – The New York Times

The new year promises to be an interesting one in white-collar crime. Goldman Sachs is negotiating with the Justice Department to pay a penalty of about $2 billion for its role in the 1Malaysia Development Berhad scandal, known as 1MDB. Accounting fraud became a particular focus of the Justice Department toward the end of 2019. In December, federal prosecutors indicted…

Read More