While the U.S. Securities and Exchange Commission (SEC) pursues an aggressive enforcement agenda, the agency has suffered some notable defeats in the courts, and the upcoming change in administration may result in a shift in enforcement focus. Join Gibson Dunn partners Mark Schonfeld (New York) and David Woodcock (Dallas and Washington, D.C.), Co-Chairs of our Securities Enforcement Practice Group, and New York partner Tina Samanta as they address the implications of recent court decisions and the latest trends in SEC enforcement, discuss strategies for mitigating the risk of investigations and enforcement actions, and look ahead to 2025 and beyond. https://lnkd.in/gAGSRa3x
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Want to hear how two former U.S. Securities and Exchange Commission Enforcement Attorneys view the recently published SEC Division of Examinations' 2025 Priorities Memo? Please join me and Sean Kreiger at 12 PM ET today as we interpret the priority set and review recent exam request items. Can't make it? Using the link below, register to receive a recording of the discussion following the presentation.
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The U.S. Securities and Exchange Commission's Division of Enforcement has announced its enforcement results for fiscal year 2024. In this article published by Law360, Gerald Hodgkins, Linh Nguyen Pc, and Phoebe Yu discuss the notable trends: https://okt.to/YghO40
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Why is the SEC unable to enforce many of its judgments? Jan Folena, co-chair of Stradley Ronon’s securities enforcement practice, spoke to The Wall Street Journal about the cases where the SEC often cannot collect. https://bit.ly/4fL9BEF
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Director - Assurance Services, Life Science & Technology Capital Markets Practice
The Securities and Exchange Commission (SEC) has once again taken a step to increase #corporatetransparency. Here are the highlights and implications of the latest SEC rules and proposals that are shaping the future of #corporatereporting. #AskMarcum
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The Securities and Exchange Commission (SEC) has once again taken a step to increase #corporatetransparency. Here are the highlights and implications of the latest SEC rules and proposals that are shaping the future of #corporatereporting. #AskMarcum
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In a rebuke to the U.S. Securities and Exchange Commission (SEC), on 5 June 2024, the U.S. Court of Appeals for the Fifth Circuit vacated in full the set of new SEC rules for private funds, which were adopted last August by the SEC. The vacated rules represented the most significant regulatory development for private fund advisors since the adoption of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. In this article, we explore this important ruling and its impacts. Click here to read the full article: https://lnkd.in/eJq7xTJV #SEC #Funds #Regulation
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Without commenting on the brokerage in this particular case, this definitely presents a much more important commentary on the relationship between an SRO and the regulator they extend. It's a lot like the problem with volunteers in a community organization -- when you never technically hired them nor are paying them, it's really difficult to fire them or even put them on a performance improvement plan. We'll be watching along as David V Duccini, Eddie Tobler and a few others have a field day with this story.
"The SEC must weigh in before FINRA can cast out one of its members, according to a court of appeals." https://lnkd.in/gJxN4KAZ #finra #sec #complianceofficers
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I always enjoy some light compliance reading in the morning and this is a fine example. It seems like there further I go in my career the more my disdain for FINRA grows, and this is a prime example why. Regardless of anyone's personal thoughts about the ownership of Alpine there has to be a uniform application of laws and due process tied to any process that might/will affect a business. In the last 10 to 15 years it has become standard process for FINRA to want to put small broker dealers out of business. If you don't believe that please do go fact check the decline in BD's over the past decade. Perhaps also go check out the association of those that went out of business with career ending fines and violations applied by FINRA. With that being said though why do I care? I voluntarily gave up my registration and licensure due to their arduous review practices and never ending scare tactics regarding OBA disclosure. I care because for some really contrived reason FINRA has control of the 15C-211 process to illicit the creation of a ticker symbol for issuers that desire to trade on the OTC Markets Group. They also have oversight when it comes to an kind of corporate action, from name changes to cash dividends to mergers. Unfortunately for all my issuer clients there is no one FINRA that has any understanding of legal compliance on a state or federal level and then applies it to the issuers notification of an event. This creates unduly long processing times for events, delay in notifications, and unfortunately as I've seen far too many times damage to shareholders and impairment to their return due to unforced delays because of incompetence. I wish it weren't like this....perhaps there should be more than one main SRO to cover such a broad and expansive swath of the market. Would love to hear everyone's input! What do you guys think aaim and David V Duccini? #finra #sec #compliance #otcmarkets #ipo #goingpublic
"The SEC must weigh in before FINRA can cast out one of its members, according to a court of appeals." https://lnkd.in/gJxN4KAZ #finra #sec #complianceofficers
