Securities

Recent Posts

SEC Sanctions Adviser, and Its CEO, GC and Auditor Based on Conflicts
Posted on 30 Apr 2015 by Thomas O. Gorman

Conflicts of interest are a central focus for the SEC. Indeed, conflicts are at the core of many of the actions brought against regulated entities. And, an undisclosed conflict was at the center of actions brought against a hedge fund, its founder, general... Read More

SEC Proceedings Against Investment Advisers Center on Conflicts of Interest
Posted on 3 Sep 2014 by Doug Esten

Conflicts of interest are at the center of two administrative proceedings recently instituted by the SEC. One involved the failure to adequately disclose the conflict. The other focuses on a failure to institute appropriate supervisory procedures for... Read More

Fraud Investigation and the UK Bribery Act
Posted on 29 Oct 2010 by Thomas Fox

We were recently introduced to Fraud Examiner Expert Tracy Coenen , in her book " Expert Fraud Investigation: A Step-By-Step Guide " she details the steps a company should go through in performing a fraud investigation. Coenen provides the... Read More

Cadwalader Clients & Friends Memo: SEC Proposes a New Rule Prohibiting Conflicts of Interest in Securitizations
Posted on 6 Oct 2011 by Cadwalader, Wickersham & Taft LLP

On September 19, 2011, the Securities and Exchange Commission (the " SEC ") issued a release (the " Release ") proposing new rule 127B (the " Proposed Rule ") under the Securities Act, which would prohibit "material... Read More

SEC, Adviser Settle Proceeding Centered on Conflicts
Posted on 4 Nov 2015 by Thomas O. Gorman

Conflicts of interest and a failure to disclose related party transactions continue to be key themes in Commission actions involving investment advisers. Undisclosed conflicts, as well as a failure to disclose related party transactions, were at the center... Read More

This Week In Securities Litigation (Week ending August 31, 2012)
Posted on 5 Sep 2012 by Thomas O. Gorman

As summer draws to a close, the Commission continued its work under Dodd-Frank, issuing a staff study on financial literacy. It focuses on what investors want to know about financial professionals and investment products. Proposed rules were also issued... Read More

SEC Proceedings Against Investment Advisers Center on Conflicts of Interest
Posted on 3 Sep 2014 by Thomas O. Gorman

Conflicts of interest are at the center of two administrative proceedings recently instituted by the SEC. One involved the failure to adequately disclose the conflict. The other focuses on a failure to institute appropriate supervisory procedures for... Read More

Three Principals of Adviser Settle SEC Charges Over Undisclosed Conflicts
Posted on 25 Nov 2014 by Thomas O. Gorman

The Commission filed another settled action based on undisclosed conflicts involving an investment adviser. In this proceeding Respondents, principals of the adviser, failed to disclose a fee splitting arrangement with an executing broker. In the Matter... Read More