Should a company subject to the Foreign Corrupt Practices Act refuse to hire a law firm that employs an attorney who helped create – while at the DOJ or SEC’s FCPA Unit – the enforcement climate the company is now
Securities
SEC Investor Advisory Committee to meet on Mandatory Arbitration Clauses, Alternative Investments, and Finfluencers
The Securities and Exchange Commission’s Investor Advisory Committee (the “Committee”) will meet on Tuesday, December 10, 2024, in an open meeting, that will stream on the SEC’s website. The Committee will first hear from two panels. The first panel, “Examining…
Director Fails to Disclose FDA Orders Halting Two Drugs
It is axiomatic firms must disclose of material information that is complete and accurate. Thus, for example, when the president of a regulated entity speaks to investors regarding communications with the firm’s regulator, it is critical that the information about…
SEC Investor Advisory Committee to Examine Mandatory Arbitration Clauses in Adviser Agreements and Alternative Assets and Retail Investors at December 10 Meeting
The Securities and Exchange Commission’s Investor Advisory Committee will hold a virtual public meeting on Dec. 10, 2024, at 10 a.m. ET. The meeting will be webcast on the SEC website. The committee will host two panels: Examining the Use…
SEC Charges Kiromic BioPharma and Two Former C-Suite Executives with Misleading Investors about Status of FDA Reviews
The Securities and Exchange Commission today filed settled charges against Houston-based biotherapeutics company Kiromic BioPharma, Inc., its former CEO, Maurizio Chiriva-Internati, and its former chief financial officer, Tony Tontat, for failing to…
500.com and the Specter of “Chinese-Issuer” Enforcement
A guest post from Eric Harris (a White Collar Defense Attorney and Anti-Corruption Compliance Consultant).
The DOJ and SEC recently announced an enforcement action against BIT Mining Ltd., which is the successor entity of 500.com. The action was brought against…
This Week In Securities Litigation (Week of December 2, 2024)
Last week as many celebrated Thanksgiving the Commission filed three new enforcement actions. One focused on Rule 105 compliance, a second on muni registration and a third on an offering fraud. Be careful, be safe this week SEC Enforcement –…
Does The SEC Even Need An FCPA Unit?
When you run a daily website such as this for 14 years there is sometimes a cycle of coverage.
For instance, over the years November posts typically include the fact that the FCPA “tips” are a minor component of the…
Cooperation and Its Impact
The impact of cooperation on a Commission investigation can be difficult to assess. The agency has long espoused cooperation as a way to mitigate the ultimate resolution of an investigation and any possible sanctions. The agency typically acknowledges the impact…
Digicel Discloses FCPA Scrutiny
This prior post from a few months ago highlighted a Wall Street Journal article regarding Digicel and chaotic business conditions in Haiti. The article did not suggest that Digicel made any improper payments in Haiti, but the post did speculate…