Topic
Admissions of Wrongdoing
8 published works
The D&O Diary
Challenging Consequences: The Government’s Requirement for Wrongdoing Admissions in Civil Fraud Suits
In one of the more troublesome recent developments for corporate officials who find themselves targeted by government investigations, both the U.S. Department of Justice and the Southern District of New…
The D&O Diary
More About the D&O Insurance Implications of the SEC’s New Admissions Wrongdoing Requirements
Numerous questions surround the SEC’s new policy requiring enforcement action defendants in “egregious” cases to admit to wrongdoing in order to settle with the agency, rather than simply agreeing to…
Corporate & Financial Weekly Digest
SEC Requires Admission of Wrongdoing as Part of Settlement
By Michael Rosensaft, Tenley Mochizuki
Reversing its longstanding policy, the Securities and Exchange Commission recently required hedge-fund adviser Philip Falcone and his firm Harbinger Capital Partners LLC (Harbinger) to admit multiple acts of misconduct in…
The D&O Diary
The SEC’s New Policy Requiring Admissions of Wrongdoing: What Are the Implications?
On August 19, 2013, in connection with its entry into a settlement with New York-based hedge fund adviser Phillip Falcone and his advisory firm Harbinger Capital Partners, the SEC for…
Subject to Inquiry
SEC Requires Admission of Liability in Settlement with Falcone and Harbinger Capital Partners
On Aug. 19, 2013, the Securities and Exchange Commission (SEC) announced that it filed a proposed settlement in which hedge-fund adviser Philip Falcone and his advisory firm, Harbinger Capital Partners,…
Subject to Inquiry
Update: SEC Modifies Settlement Policy
By Government Investigations Group
SEC Chairman Mary Jo White recently announced further changes to the SEC’s settlement policy. Under the new policy, as a condition of settlement in a limited type of cases, the…
White Collar Crime Prof Blog
New SEC Policy On Admissions Of Wrongdoing: Tangibles And Intangibles
By Ellen Podgor
by: Solomon L. WisenbergSEC Chair Mary Jo White has announced an end to the SEC's blanket "does not admit or deny" settlement agreement policy. In a select number of cases involving…
The Securities Edge
SEC’s No-Action Letter is good news for pre-IPO companies
On February 13, 2012, the Securities and Exchange Commission issued a No-Action Letter to the Fenwick & West LLP law firm. This No-Action Letter is good news for private companies…