Dodd-Frank Litigation
When is a Consultant an Executive Officer? – SEC Brings Another Case
Employment, Litigation, Public Companies and Securities The SEC has instituted administrative proceedings against a registrant and others alleging that two individuals with prior law violations secretly controlled the operational and management decisions of the registrant while calling themselves outside “consultants.” According to the SEC this arrangement enabled the two consultants to be de facto officers of the registrant and personally profit... Read more →
Examples of Fee Shifting By-Laws
Litigation, Public Companies and Securities Some smaller companies and those in the process of going public have begun adopting fee shifting by-laws. As my colleagues at Stinson Leonard Street have advised, we urge... Read more →
SEC: Don’t Ignore the Habitually Wrong Whistleblower
Broker-Dealer, Employment, Investment Advisers, Litigation, Municipal Advisors, Private Equity, Public Companies and Securities SEC Chair Mary Jo White recently gave a speech on a number of important matters, including the role of directors as gatekeepers, her views of self-reporting of violations and the... Read more →
Integrated Private Equity Firms Charged With Failure to Register and Pay-to-Play Violations
Investment Advisers, Litigation, Private Equity The SEC charged two firms with failing to register as investment advisers because their operations were integrated (SEC orders are here and here) and charged one of the entities... Read more →