Subscribe
‘Enforcement 40’ for 2020
Our Sponsors
Join Us On LinkedIn
Join the Securities Litigation and Enforcement Group on LinkedInAttorney-Client Confidentiality at Stake in Covington’s Dispute With SEC? White-Collar Lawyers Weigh In | Law.com
Covington & Burling’s dispute with the Securities and Exchange Commission over regulators’ access to client information has implications for the sanctity of attorney-client relationships, according to white-collar lawyers contacted for this report. The SEC sued the firm early this week, demanding that it comply with a subpoena for the identities of 298 clients whose information […]
Victimizing a Victim Twice: The SEC’s Attack on Covington & Burling | John Reed Stark, LinkedIn
SEC Request No. 3(b) seeks documents sufficient to identify “[t]he nature of the suspected unauthorized activity Concerning the client,” including “when the activity took place” and “the amount of information . . . viewed.” While Covington disclosed the dates of the unauthorized activity and the number and types of files breached in response to another […]
SEC Chief Scales Back Powers of Enforcement Staff – WSJ
Mr. Piwowar’s goal wasn’t necessarily to reduce the number of enforcement cases pursued by the SEC, these people said, but was aimed at bringing consistency to a process he felt could be driven by differing standards and wasn’t subject to ample commission oversight. Specifically, Mr. Piwowar revoked authority that had given a broader group of […]
Stark on IR: My Column on the SEC’s Newly Proclaimed Search Warrant Authority — Cybersecurity Docket
The SEC is an exceptional federal government agency—staffed with a dedicated corps of highly-credentialed professionals, inspired by a noble sense of mission, and rich with an 80+ year history of investor advocacy. But sometimes the SEC gets carried away and needs a quick reality check. This is the case with the SEC’s recent use of […]
SEC Files Rare Subpoena Enforcement Action Over Failure to Testify | Compliance Week
The SEC is understandably loath to file subpoena enforcement actions. Such actions are basically a waste of time and resources, and involve getting a court to order people to do what they are already required to do. Sometimes, however, the SEC has no choice but to wield the “stick” of subpoena enforcement when people simply […]
House Attorneys Seek Dismissal Of SEC Suit – WSJ
Lawyers for the U.S. House of Representatives asked a federal judge to reject a lawsuit the Securities and Exchange Commissionfiled against Congress in June, saying the suit amounts to “a remarkable fishing expedition for congressional records.” via House Attorneys Seek Dismissal Of SEC Suit – WSJ
More About D&O Insurance Coverage for Subpoena Response Costs | The D&O Diary
As I have previously noted on this blog, a recurring insurance coverage issue is whether or not the costs incurred in responding to a regulatory or enforcement subpoena represent covered defense under a D&O insurance policy. In an interesting March 27, 2014 memo entitled “D&O Coverage for Subpoena Response Costs: An Emerging Consensus?” (here), Benjamin […]
SEC Subpoena Enforcement for Documents and Testimony Results in Rare Arrest – Compliance Week
It is a long and rarely-traveled road between receiving a subpoena for documents or testimony from the SEC and actually getting yourself arrested, but Anthony Coronati completed the journey down that road today when he was arrested by the U.S. Marshals Service. via SEC Subpoena Enforcement for Documents and Testimony Results in Rare Arrest – […]
Bristol-Myers Gets SEC Subpoena In Foreign Bribery Probe
Bristol-Myers discloses SEC subpoena seeking information related to sales and marketing practices in “various countries.”
Deloitte Warns Complying With SEC Demand May Land Its Partners in Chinese Prison
Deloitte Touche Tohmatsu warns of grave risks if it produces workpapers demanded by the SEC.