Throughout the week over at Securities Docket, I highlight the most interesting columns and blog posts from around the web on the subjects of SEC enforcement and securities litigation. Here is a digest of my picks for the week ending January 28:

Corporate Monitorships the Next Step in SEC Deferred and Non-Prosecution Agreements?

Subject to Inquiry | Kurt E. Wolfe | Jan 27, 2011

A year ago, SEC Enforcement czar Robert Khuzami revealed several new “tools” available to Enforcement staff as part of a Commission initiative aimed at encouraging cooperation with ongoing investigations and enforcement actions.... Now that the Commission is officially in the DPA/NPA business, what new features can we expect to see on the enforcement landscape? One strong possibility is the use of independent corporate monitors in an SEC investigatory and/or enforcement context.

DOJ Enforcement of the FCPA - Year in Review

FCPA Professor | Mike Koehler | Jan 27, 2011

A few weeks ago I ran a SEC FCPA enforcement year in review. Today I highlight facts and figures from the DOJ's FCPA enforcement program in 2010. And what it year it had.

Has Dodd-Frank created a hidden whistleblower tax?

The Deal | Edward Johnsen, Christine Edwards and Jerry Loeser | Jan 26, 2011

There are a number of critical questions raised by the SEC's proposed program: How will financing the fund for paying whistleblowers actually play out? Will only the institution producing the whistleblower complaint pay into this fund? Will those enforcement actions stemming from all whistleblower complaints pay into the fund? Or will every institution that is sanctioned by the SEC pay, even if no whistleblower was involved? The likely, if surprising, answer is that every institution will pay. That's because one particular section of the proposed whistleblower program could have the effect of creating a potential hidden tax on monetary sanctions imposed by the SEC in every action that it brings.

SFO To Foreign Companies: Watch Out

FCPA Blog | Barry Vitou and Richard Kovalevsky | Jan 26, 2011

In prosecuting overseas businesses the SFO will be following in the footsteps of the DOJ's FCPA enforcement and will silence the UK critics of the Bribery Act who say that the new law will only harm U.K. business. The SFO has put down a clear marker. Overseas corporates who violate the Bribery Act to the detriment of a U.K. business ignore the SFO's message at their peril.

Interview with Max Berger of Bernstein Litowitz on Current Securities Litigation Trends

The D&O Diary | Kevin LaCroix | Jan 26, 2011

In recent days, I have published a series of posts with analysis of and commentary on recent trends in securities class action litigation. As part of this continuing series of posts, I thought it would be useful to include commentary from the plaintiffs' perspective. With that in mind, I reached out to Max Berger at the Bernstein Litowitz Berger & Grossman firm, and Max graciously agreed to participate in an interview for this blog in the form of a Q&A exchange.

Interview with Stanford Law Professor Joseph Grundfest About the State of Securities Class Action Litigation

The D&O Diary | Kevin LaCroix | Jan 25, 2011

Because the securities class action litigation environment clearly is going through a significant transition, I thought it would be worthwhile to check in with the Stanford Law Professor Joseph Grundfest, who oversees the Stanford website. Professor Grundfest was gracious enough to agree to participate in an interview for this site.

It's the FCPA stupid: UK PLC already subject to draconian anti-bribery laws

thebriberyact.com | Richard Cassin | Jan 25, 2011

Is there any evidence the U.S. is less competitive today because of its global battle against public corruption? Not that I know of. But there's plenty of evidence that companies subject to the Foreign Corrupt Practices Act are committing less bribery because of it, and that's good for everyone.

Disagreeing With, Well, Everyone

Open Air Blog | Thomas Fox | Jan 21, 2011

It's always a little daunting when you find yourself in complete disagreement with both the FCPA Professor and with Alexandra Wrage.... The FCPA Professor and Alexandra wrote that the UK Bribery Act hullabaloo has been much ado about, if not nothing, then not that much. Stop freaking out, in other words. I find myself having to disagree. They're not entirely wrong, mind you. (You never get far betting against Alexandra, in my experience.)

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