This Week On FCPA Professor
Friday Roundup
Two Insider Trading Cases; Two Different Results
The Commission’s Enforcement Division had interesting results in insider trading cases this week. In one the agency prevailed in a jury trial after two co-defendants settled. In a second the defendant fled the country after taking the Fifth Amendment during an internal corporate investigation.
In SEC v. Avent, Civil Action No. 1:16 – cv-02459 (N.D. Ga.). a jury found in favor of the Commission. The action centered on three different acquisitions. Named as defendants are…
Two Insider Trading Cases; Two Different Results
The Commission’s Enforcement Division had interesting results in insider trading cases this week. In one the agency prevailed in a jury trial after two co-defendants settled. In a second the defendant fled the country after taking the Fifth Amendment during an internal corporate investigation.
In SEC v. Avent, Civil Action No. 1:16 – cv-02459 (N.D. Ga.). a jury found in favor of the Commission. The action centered on three different acquisitions. Named as defendants are…
Second Circuit: Supreme Court’s McDonald Decision Does Not Delimit FCPA
The bribery provisions of Exchange Act Section 30A are one of the three critical components of the Foreign Corrupt Practices Act. The other two are the books and records and the internal control requirements. While the latter two sections have frequently been litigated in SEC and other securities cases over the years since they apply to all issuers, the FCPA bribery sections have not. A key question in the wake of the Supreme Court’s decision…
How Others Answered The Question Of Whether The FCPA Has Been Successful In Achieving Its Objectives
Seminar: 2nd Annual Executive Compensation University
September 10 and October 3, 2019
Please join us in either Chicago or New York for our 2nd Annual Executive Compensation University.
During this half-day program, we will explore tax, employment and securities issues impacting executive compensation and hear from leading Mayer Brown lawyers about the changing regulatory landscape as they provide practical, business-focused guidance on dealing with these challenges. The program will cover such areas as:
Common executive compensation mistakes to avoid
Disclosure issues…
SEC Proposes to Modernize Business, Legal Proceedings and Risk Factor Disclosures
On August 8, 2019, the US Securities and Exchange Commission proposed amendments to Regulation S-K that are intended to modernize business, legal proceedings and risk factor disclosures. According to the SEC, the proposed amendments are designed to update rules to account for developments since they were first adopted or last amended and to improve the readability of disclosures for investors while discouraging repetition and disclosure of immaterial information and simplifying compliance for reporting companies. This…
SEC Open Meeting on Proxy Related Matters
The Securities and Exchange Commission announced an open meeting for August 21st in order to consider: guidance regarding the proxy voting responsibilities of investment advisers under Rule 206(4)-6 under the Investment Advisers Act of 1940, as well as to consider whether to publish an interpretation and related guidance regarding the applicability of certain rules, which the Commission has promulgated under Section 14 of the Securities Exchange Act of 1934, to proxy voting advice. See the…
New Article – Has The FCPA Been Successful In Achieving Its Objectives?
