In a first-of-its-kind case, the SEC focused on a company’s accounting controls around Rule 10b5-1 buybacks and imposed a $20 million fine. The novel theory in the case highlights the n...
A divided Securities and Exchange Commission voted to amend its whistleblower rules to: (1) increase the amounts of smaller awards; (2) assert SEC discretion in determining award amounts;...
The SEC has shown its willingness to continue to take companies to task for not disclosing perquisites and personal benefits to executive officers in a manner that is consistent with the ...
A speech by the Director of Enforcement and several recent insider trading cases signal that the SEC will seek increased penalties in some cases in response to the Supreme Court’s disgo...
Davis Polk partner Robert Cohen, counsel Stefani Johnson Myrick and associate Benjamin Wasserman recently authored “4 Ways to Prepare for SEC or CFTC Penalty Negotiations” in Law360...
On Friday, July 3, 2020, the Department of Justice’s Criminal Division and the Securities and Exchange Commission’s Enforcement Division published the Second Edition of its Resource G...
While businesses operating in California are still adjusting to the requirements of the California Consumer Privacy Act (CCPA) and are watching for enforcement actions brought by the Cali...
In recent years, the SEC and FINRA have created a number of new units to increase their capacity to use data analytics in market surveillance and policy/rulemaking activities. This articl...
On Monday, June 22, 2020, the Supreme Court decided Liu v. Securities and Exchange Commission, the latest decision in a long-running challenge to the SEC’s authority to obtain disgorgem...
A $900,000 fine is a reminder for companies to use care in tracking and disclosing all elements of executive compensation.
Executive perks may not be material to a company’s financial c...
