Pennsylvania (PA) Securities CLE Course Catalog

The reduction of mergers and acquisitions (M&A)-related class actions and the state 1933 Act have driven a significant decline in securities class action filings over the last years. However, despite the decrease in the overall federal filings, special purpose acquisition companies (SPACs)-related cases have doubled, bringing newer litigation risks and additional ramifications in this category. Listen as experienced securities litigators Brendan J. Rudolph (Cornerstone Research) and Jonathan A. Choa (Potter Anderson & Corroon LLP) provide a comprehensive discussion of the recent enforcement trends and legislative developments surrounding securities class action litigation. Speakers will also offer practical tips and strategies in this rapidly evolving legal climate.

The Securities and Exchange Commission (SEC) has proposed an amendment on the recordkeeping requirements for broker-dealers. The new rule asks for the retainment of electronic records in an exclusively non-rewritable and non-erasable format which is also known as write once, read many (WORM). However, the proposal would only apply prospectively, creating burdens for financial organizations in keeping WORM records that have been in existence at the time of the rule adoption.
Listen as experienced financial compliance professionals Robert Moreiro (Practus, LLP) and Debra Jenks (Jenks & Harvey LLP) provide a comprehensive discussion of the recent trends and developments surrounding broker-dealer regulation. Speakers, among other things, will offer practical compliance strategies in this ever-changing regulatory landscape.

As the digital landscape evolves, it is essential for organizations to stay ahead of the curve and effectively address cyber risks to protect sensitive information and maintain regulatory compliance. The SEC has taken a similar approach of trying to protect sensitive information with their broad suite of new cybersecurity rules, including policies and procedures to address cybersecurity risk, written incident response programs, and much more. Our panelists will share insights into the evolving expectations of the SEC, discuss compliance processes that should be implemented and identify best practices to improve incident response and reporting.

This presentation will cover the current status and near future outlook for the blockchain sector (or "crypto" broadly) from a legal standpoint. Questions answered include: What went wrong? Is crypto dead and buried? What's in store next for the industry and regulatory landscape? What's the cybersecurity state of play in crypto?

There are few things senior executives fear more than criminal prosecution, and that's with good reason because being prosecuted can ruin lives, reputations, finances -- both corporate and personal -- marriages, and families. This program provides practical advice for counsel on how their companies can seek to avoid triggering a criminal investigation and what to do if you're faced with one. With whistleblower complaints skyrocketing, how can companies conduct internal investigations that will be defensible to the SEC and other regulators? This program shares five key lessons for in-house lawyers as they are considering launching, managing and reporting the results of internal investigations.

During this session, we will discuss the status of investigations, enforcement, and litigation and whether or not legal departments have been seeing an uptick. Additionally, some of the discussion will focus on permanent changes to the investigations, enforcement, and litigation processes as a result of the pandemic.

CFIUS issued final regulations in late January to comprehensively implement FIRRMA. Further proving that addressing growing national security concerns over foreign exploitation of certain investment structures is top of mind for regulators. This session will deep dive into the key points of this regulation and what it means for international transactions.

The SEC’s action of re-instituting the delegation of investigative enforcement authorities signals the potential for an uptick in both investigations and enforcement actions.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.