In two recent cases, the SEC affirmatively decided not to bring clawback actions under Section 304 of the Sarbanes-Oxley Act (“SOX”) against executives who reimbursed their respective...
2015 proved to be a year of continued focus on anti-corruption enforcement. We have distilled key aspects of the year’s enforcement trends and resolutions to offer you succinct summarie...
To be guilty of insider trading, a tipper of inside information must receive a “personal benefit” in exchange for his tips. On January 19, 2016, the Supreme Court granted certiorari i...
Merger agreements and other complex contracts often contain “anti-reliance” provisions reciting that the representations in the agreement are the sole representations on which the par...
On December 14, 2015, the U.S. Supreme Court issued its decision in DIRECTV v. Imburgia. The Court reversed a decision of the California Court of Appeal that had refused to enforce an arb...
On December 8, 2015, the U.S. Court of Appeals for the Second Circuit overturned the conviction of Jesse Litvak, a former Jefferies & Company (“Jefferies”) bond trader, for charges r...
Constitutional attacks against the Securities Exchange Commission’s (the “SEC”) use of administrative proceedings have grown in strength as securities respondents across the country...
Articles & Books
The Antitrust Review of the Americas 2016, Global Competition Review
The United States Department of Justice’s Antitrust Division had yet another banner year in 2014. The Division’s relentless prosecution of cartels at home and abroad has resulted in s...
The U.S. Court of Appeals for the Second Circuit issued a significant opinion last week, reversing a lower court decision and extending the whistleblower anti-retaliation provisions of th...
Yesterday, Deputy Attorney General Sally Quillian Yates gave a speech concerning the Department of Justice’s guidance memorandum issued on September 9, 2015 that further underscores DOJ...
