All Regulatory Enforcement articles – Page 140
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Blog
OMI Chief Vincente L. Martinez departing SEC next month
Vincente L. Martinez, Chief of the SEC’s Office of Market Intelligence since 2013, is leaving the agency next month. OMI plays a critical role in the SEC's Enforcement Division's collection, evaluation, and dissemination of the tips and referrals that come into the agency.
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Ceresney flashback: Deposing 'The Donald' in 2007
We have written here for years about Andrew Ceresney's work as the Director of the SEC's Division of Enforcement. Ceresney joined the SEC in 2013, but he had a long legal career before that--including an interesting case now making headlines from his days in the private sector that involves the ...
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Volkswagen channeled Lance Armstrong
How does Volkswagen’s conduct around its emission-testing scandal mirror the actions of Lance Armstrong? For one thing, both were involved in the largest scandals in their respective spheres: Armstrong in cycling, and Volkswagen in car manufacturing. Yet, the similarities go even further. Tom Fox reports.
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Adding ‘father-son’ to the Familial Betrayal list
The upcoming insider-trading trial of a former Perella Weinberg Partners managing director may present “familial betrayal” of the father-son variety. Sean Stewart will go on trial on July 25, 2016, on charges that he tipped his father, Bob Stewart, in advance of five healthcare mergers. Bruce Carton reports.
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Compliance’s increasing role in preventing LGBT discrimination
To prevent potential employee discrimination lawsuits, companies are crafting ever-more inclusive policies regarding sexual and gender identity. But this is a sensitive topic with many unresolved details. David Bogoslaw reports.
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The new FCPA enforcement circle is now complete
A trio of recent Foreign Corrupt Practices Act enforcement actions shows just how much companies can spare themselves undue pain if they self-report violations early and without holding back. Tom Fox has more.
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It is good to have friends at the top
It’s good to know someone at the top—that well-known maxim was demonstrated yet again recently when it was revealed that U.K. Chancellor of the Exchequer George Osborne intervened with the U.S. government during the investigation of money laundering violations by the U.K. bank HSBC. Tom Fox reports.
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Approved amendments to SEC rules include depositions in APs
The SEC has approved several amendments to its rules of practice regarding administrative proceedings. Most notably, the new rules provide parties to APs—for the first time—with the opportunity to conduct a limited number of depositions. Bruce Carton has more.
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SEC adopts changes to administrative proceedings
The SEC this week adopted amendments updating its rules of practice governing its administrative proceedings. After careful consideration of the comments received, the SEC adopted final amendments that, among other things, would adjust the timing of administrative proceedings and give parties additional opportunities to take depositions of witnesses. Jaclyn Jaeger ...
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Blog
Theranos’ health takes a turn for the worse
The health of ailing biotech start-up Theranos continues to decline, as the Centers for Medicare & Medicaid Services imposed numerous sanctions on the firm following a review last year of its laboratory operations that uncovered numerous compliance violations. Jaclyn Jaeger reports.
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Article
New Commerce Department rule harmonizes export controls regime
Export controls can be tricky business, especially regarding the transmission of technical data over the cloud—something becoming ever-more common in modern business, yet currently constrained by tough export controls. New rules from the Commerce Department could change all of that. Jaclyn Jaeger reports.
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Article
Commercial drones raise compliance issues for shipping industry
The shipping industry’s innovative use of drones to ferry goods to tanker ships shows promise, but carries compliance risk. Guest columnist Martin Foncello of Exiger gets into the details.
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Article
Assessing antitrust risk in M&A transactions
Top officials at the Department of Justice and Federal Trade Commission have announced their intention to focus heavily on M&A antitrust enforcement, at a time when merger activity is skyrocketing. Jaclyn Jaeger explores how the agencies plan to tackle some of the larger, more complex deals ahead.
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Blog
SEC whistleblower chief Sean McKessy to depart agency
The SEC announced today that after more than five years as the first-ever chief of the SEC’s Office of the Whistleblower, Sean McKessy plans to leave the agency. McKessy joined the SEC to head up its new whistleblower program in February 2011 and has helped get the program on strong ...
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Archive2Azure simplifies long-term unstructured data retention
Archive360, a Microsoft cloud solution provider, announced the availability of Archive2Azure, a regulatory compliance storage solution optimized for the Microsoft Azure platform.
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‘Failure to cooperate’ multiplies SEC penalty from $2K to $980K
On June 21, 2016, the SEC announced that the failure of a defendant in an SEC enforcement action to live up to an agreement to “cooperate fully and truthfully” had resulted in that defendant's penalty being increased from $2,533 to a staggering $980,229. And it could have been worse! Bruce ...
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Article
Pharmaceutical industry bristles under FDA draft guidance
The amount of FDA draft guidance in play during the past few months has drawn skepticism from the pharmaceutical industry, which has its own thoughts on how best to address the broad scope of the agency’s proposed authority. Jaclyn Jaeger reports.
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Blog
FINRA fines Deutsche Bank $6 million for submitting inaccurate trade data
The Financial Industry Regulatory Authority fined Deutsche Bank Securities $6 million for failing to provide complete, accurate trade data in an automated format in a timely manner when requested by FINRA and the U.S. Securities and Exchange Commission. Jaclyn Jaeger reports.
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Blog
Former SEC Commissioner and Enf. Dir. Irving Pollack Passes Away at Age 98
Irving M. Pollack, a former SEC Commissioner who also served as the agency's first director of the Enforcement Division, passed away on July 1, 2016 at the age of 98. Pollack served at the SEC for 34 years.