New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 22, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Earlier this month, in 'S.E.C. v. Rajaratnam', the Second Circuit reviewed whether the penalty available in a civil insider trading action pursuant to Section 21A of the Securities Exchange Act of 1934 is limited to a defendant's personal profits. In a unanimous opinion, the court held that such a penalty is not so limited, and can be based on profits gained by other individuals or entities as a result of a defendant's insider trading violations. Against the backdrop of other recent developments, the Second Circuit's discussion of the contours of Section 21A's penalty provision represents an interesting extension of insider trading enforcement authority.
New York Law Journal | Analysis
By Joseph E. Bachelder III | March 21, 2019
In his Executive Compensation column, Joseph E. Bachelder III reports on tax and securities law developments in 2018 affecting executive compensation.
Corporate Counsel | Expert Opinion
By Ryan McConnell and Stephanie Bustamante | March 21, 2019
As avid users of these services and products, we want these companies to succeed. In the last couple of years, we've been involved with over a half dozen tech company acquisitions and building up their compliance programs.
New York Law Journal | Analysis
By John C. Coffee Jr. | March 20, 2019
In his Corporate Securities column, John C. Coffee Jr. writes: Securities litigation is now near an all-time high. Why? It seems to be the product of multiple factors, but two stand out: (1) the migration of “merger objection” cases from Delaware to federal court, and (2) the appearance of a new style of securities litigation that is increasingly called “event-driven” litigation.
By C. Ryan Barber | March 19, 2019
US Rep. Katie Porter's unique questioning of corporate executives is adding to the prep work of white-collar and congressional lawyers. Plus: the Justice Department's got new guidance on messaging apps and the retention of evidence. Scroll down for our headlines, including a spotlight on AT&T's compliance chief. Thanks for reading Compliance Hot Spots!
By Phillip Bantz | March 19, 2019
“You need to take regulatory compliance very seriously and when you do have problems don't cover it up. That will only turn it into intentional securities fraud and only makes the problem bigger,” said an attorney for the plaintiffs.
By Phillip Bantz | March 19, 2019
“You need to take regulatory compliance very seriously and when you do have problems don't cover it up. That will only turn it into intentional securities fraud and only makes the problem bigger,” said an attorney for the plaintiffs.
By Phillip Bantz | March 19, 2019
“You need to take regulatory compliance very seriously and when you do have problems don't cover it up. That will only turn it into intentional securities fraud and only makes the problem bigger,” said Olav Haazen, a director at the Wilmington-based law firm Grant & Eisenhofer who represents the group of investors suing Danske Bank.
Delaware Business Court Insider | News
By Roy Strom | March 19, 2019
“Cravath's task was to lend a patina of integrity to a sham auction,” claims a lawsuit against the M&A powerhouse.
By Roy Strom | March 18, 2019
“Cravath's task was to lend a patina of integrity to a sham auction,” claims a lawsuit against the M&A powerhouse.
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