Securities

Recent Posts

Has the Whistleblower Moment Arrived? SEC Awards Whistleblower More Than $14 Million
Posted on 2 Oct 2013 by Kevin M. LaCroix

It is not the first whistleblower award under the Dodd Frank Act’s whistleblower bounty program but the “more than $14 million” award to an anonymous whistleblower that the SEC announced on October 1, 2013 is by far the largest so far... Read More

Navigating Securitization Reforms through the EU & US
Posted on 22 Sep 2011 by Morrison and Foerster LLP

by Elana Hahn, Kenneth Kohler, Nimesh Christie and Melissa Beck This EIA is a guide to the principal EU and US securitization regulatory developments and the challenges and prospects for transatlantic securitization issuers and investors. Excerpt... Read More

The Chairman Outlines a Timetable for Dodd-Frank Rules
Posted on 12 Oct 2010 by Thomas O. Gorman

The Dodd-Frank Wall Street Reform and Consumer Protection Act is a sprawling piece of legislation. It is also very much a work in progress, requiring hundreds of new rules to be written and dozens of studies. The burden imposed on the SEC is considerable... Read More

The Dodd-Frank Act, Commentary and Insights by Skadden, Arps, Slate, Meagher & Flom LLP & Associates--Chapter1: Orderly Liquidation Authority
Posted on 12 Nov 2010 by Skadden, Arps, Slate, Meagher & Flom LLP

Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, H.R. 4173, 111th Cong. (2010) (the "Dodd-Frank Act" or the "Act"), titled "Orderly Liquidation Authority," creates a new federal receivership process... Read More

Could SEC Whistleblower Bounty Program Harm Internal Compliance?
Posted on 9 Nov 2010 by Gary Larkin

Although nearly everyone - including the five SEC commissioners - agrees that corporate whistleblowers are the best source for detecting corporate fraud, there is trepidation about the proposed whistleblower bounty program under the Dodd-Frank Act... Read More

Defining “Financial Institution” Under Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Posted on 12 Oct 2010 by Eversheds Sutherland LLP

by Robert J. Pile, Jennifer D. Lambert, and Heather J. Howdeshell Third-party service providers to financial institutions have often taken the position that they are not "financial institutions" for purposes of federal law and thus are typically... Read More

Sutherland Alert: Regulators Consider Whether Stable Value Contracts Should Be Subject to Regulation as Swaps under the Dodd-Frank Act
Posted on 19 Sep 2011 by Sutherland Asbill & Brennan LLP

by Fred Bellamy, Jamie Cain, Tom Gick, Steve Roth, and Ann Battle In addition to requiring the Commodity Futures Trading Commission (the CFTC) and the Securities and Exchange Commission (the SEC) to promulgate rules further defining the terms "swap"... Read More

SEC’s Whistleblower Annual Report
Posted on 1 Dec 2011 by Doug Cornelius

Dodd-Frank added Exchange Act Section 21F(g)(5) and requires that SEC's Office of the Whistleblower to report to Congress annually on the whistleblower program. It's due each October 30. I'm sure the SEC wanted to be in compliance, so they... Read More

This Week in Securities Litigation (April 1, 2011)
Posted on 1 Apr 2011 by Thomas O. Gorman

In the week ending with "April Fools Day," the Commission continued to issue proposed regulations to implement the Dodd-Frank Wall Street and Consumer Protection Act. SEC Enforcement focused on investment fund fraud actions, filing or resolving... Read More

Insider Trading – Still a Key Focus of Regulators
Posted on 15 Nov 2010 by Thomas O. Gorman

Financial reform and the implementing Dodd-Frank continue to be key topics for market regulators. The SEC, CFTC and others are busy writing rules to implement the Act. Many on Capital Hill are studying ways to limits or repeal portions of the landmark... Read More

The SEC Wants to Know If You Are Systemically Important
Posted on 31 Jan 2011 by Doug Cornelius

The Securities and Exchange Commission proposed a new rule that would require advisers to private funds to report information for use by the Financial Stability Oversight Council in monitoring risk to the U.S. financial system. Sections 404 and 406... Read More

SEC Enforcement Trends 2011: The Supreme Court, Dodd-Frank and the Reach of SEC Enforcement
Posted on 2 Feb 2011 by Thomas O. Gorman

The focus of SEC enforcement in the coming months is a function of its constricted and later expanded authority. Last year that authority contracted in the wake of the Supreme Court's decision in Morrison v. National Australia Bank Ltd. , 130 S... Read More

SEC Implements the “Bad Actor” Disqualification Provisions of Dodd-Frank
Posted on 30 Jul 2013 by Alexander Davie

Previously, I summarized the Securities and Exchange Commission’s implementing regulations of Title II of the JOBS Act , lifting the ban on general solicitation for offerings exempt under Rule 506 of Regulation D, which were finalized on July 10... Read More

The SEC and Retroactivity: A Question of Fairness
Posted on 11 May 2011 by Thomas O. Gorman

Dodd-Frank significantly added to the weapons available to the SEC. New provisions extended its authority to bring actions based on aiding and abetting while lowering the proof requirements to recklessness. Collateral bars were added and a provision... Read More

Worth Reading … Final SEC Whistleblower Rules
Posted on 1 Jun 2011 by The Conference Board

by Gary Larkin As you all may well know by now, the SEC has adopted its final rules to create a whistleblower bounty program as part of the Dodd-Frank Act by a familiar 3-2 split vote. The rules, which go into effect 60 days after they are submitted... Read More