The Securities and Exchange Commission’s disgorgement powers have made legal headlines a couple of times over the last few years – most notably, with the U.S. Supreme Court’s decisions in Kokesh v. SEC, 137 S. Ct. 1635 (2017) and Liu
The Securities Litigation and Regulatory Enforcement blog published by Winstead PC focuses on legal developments and enforcement actions related to securities law. It covers topics such as SEC and DOJ investigations and charges involving Ponzi schemes, crypto asset securities classification, regulatory updates on asset manager exemptions, and fraud allegations in investment advisory and real estate fund contexts. The blog discusses litigation outcomes, regulatory compliance requirements, and enforcement trends affecting financial services, investment funds, and emerging financial technologies including cryptocurrencies. It also addresses issues like unregistered securities offerings, market manipulation, and fiduciary duties in securities and investment management.
A very effective panel discussion on “Leadership Matters: Meaningful, Measured Impact in Diversity and Inclusion” took place September 23, 2020 during the SIFMA C&L Virtual Forum. Elaine Mandelbaum, General Counsel of Interactive Brokers and the current SIFMA C&L Society president…
Ron Swanson once stated, “There’s only one thing I hate worse than lying—skim milk, which is water that’s lying about being skim milk.”
Today the SEC announced that it has charged Swanson with his second-least-favorite thing: lying in the form…
By Andrew Schumacher and Brad Monk
The COVID-19 pandemic has caused a sudden disruption to businesses and halted almost all forms of global commerce. Contractual parties, lenders and borrowers, and parties to Merger and acquisition agreements are now closely reviewing…
By Toby M. Galloway, Matthias Kleinsasser, Joe Wielebinski
In sports, it is often said that “winning cures everything.” The same concept applies to uncovering fraud. When the economy is strong and most investors are making money, there is…
Management.com has a new article, found here, that points to the importance of an investment adviser or RIA firm borrower getting their SBA Paycheck Protection Program loan application right the first time: “What you don’t want is to submit…