Weekend Roundup: New SEC Enforcement Directors, Saving the Environment and More
After a busy news week, here's a look at a few corporate enforcement issues we previously missed.
June 09, 2017 at 02:57 PM
3 minute read
After a busy news week, here's a look at a few corporate enforcement issues we previously missed:
|Double Your Pleasure
The U.S. Securities and Exchange Commission has named co-directors of its Division of Enforcement. The SEC said on June 8 that acting director Stephanie Avakian and former federal prosecutor Steven Peikin will jointly lead the agency's largest unit with more than 1,200 investigators, accountants, trial attorneys and other professionals. Avakian was named acting director in December 2016 after serving as deputy director of the division since mid-2014. Before being named deputy director, Avakian was a partner at Wilmer Cutler Pickering Hale and Dorr. Peikin served as an assistant U.S. attorney in Manhattan and most recently was managing partner of Sullivan & Cromwell's criminal defense and investigations group.
|Save the SEPs
The practice of allowing a company to mitigate penalties for damaging the environment by letting it undertake a supplemental environmental project (SEP) may become an endangered species. U.S. Attorney General Jeff Sessions issued a brief memorandum on June 7 barring U.S. Department of Justice from entering into any civil or criminal settlement that would provide for a payment by a defendant to any nongovernmental person that is not a party to the dispute. Where does this leave SEPs? “Hanging on by a thread,” Seth Jaffe, a partner at Foley Hoag, recently wrote on the firm's Law & The Environment blog.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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