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  • Article

    SEC Enforcement 2024: Year In Review

    The dog days of late summer are a frenzied time within the SEC's Division of Enforcement as staff work feverishly to complete their investigations and secure the requisite yes vote...
    United StatesCompliance
    Holland & Knight
    Holland & Knight
  • Article

    Cooperation With SEC: Yielding More Benefits, But Lack Of Predictability Remains

    Although the SEC has long adhered to its Seaboard Report of Investigation to outline the analytical framework for the agency's cooperation program for companies, the exact benefits of self-policing...
    United StatesCorporate/Commercial Law
    Holland & Knight
    Holland & Knight
  • Article

    New Securities Class Actions Down 35% In Pandemic's Second Year

    Christin Hill spoke with Bloomberg Law about the annual report from Cornerstone Research and the Stanford Law Review Securities Class Action Clearinghouse.
    United StatesCorporate/Commercial Law
    Morrison Foerster
    Morrison Foerster
  • Article

    SEC Charges Improper Revenue Recognition Practices—Still A Hot Topic For SEC Enforcement

    Last month, Cornerstone Research told us that accounting and auditing enforcement activity by the SEC in FY 2022 increased by 55% over the prior fiscal year to 68 enforcement actions...
    United StatesAccounting and Audit
    Cooley LLP
    Cooley LLP
  • Article

    Securities Litigation + Enforcement Highlights For Q3 2023

    Through the summer and into the fall of 2023, Cooley's securities litigation + enforcement practice continued to provide our clients with thoughtful analysis on recent developments in securities law...
    United StatesCorporate/Commercial Law
    Cooley LLP
    Cooley LLP
  • Article

    U.S. Securities Class Action Lawsuit Filings Soared In 2007

    Following two years of decline, the number of companies sued in U.S. securities fraud class action lawsuits increased by 43% in 2007, according to a joint study released this week by Stanford Law School and Cornerstone Research.
    United StatesLitigation, Mediation & Arbitration
    Torys LLP
    Torys LLP
  • Article

    Cooley's 2019 Tech M&A Year In Review

    In the wake of record-setting volume and value metrics in 2018, practitioners eyed the 2019 deal market with healthy skepticism.
    United StatesCorporate/Commercial Law
    Cooley LLP
    Cooley LLP
  • Article

    COVID-19: A Second Look At Securities Act Litigation Amid COVID-19

    This article follows an earlier Client Alert entitled COVID-19: An Early Look at Securities Act Litigation Amid COVID-19.
    United StatesCorporate/Commercial Law
    WilmerHale
    WilmerHale
  • Article

    White Collar Roundup - May 2017

    A defendant who is convicted, but for whom the sentencing court delays issuing the final restitution order, must appeal the court's sentence and then separately appeal the court's order of restitution.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Questions Raised Over The Constitutionality Of SEC Administrative Proceedings

    Canadian securities regulators overwhelmingly address regulatory non-compliance through enforcement proceedings commenced before their own adjudicative tribunals
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Changes Are Coming To The SEC Enforcement Division – What Does It All Mean?

    This week reports surfaced that a major shift in the SEC enforcement division had taken place – behind the scenes. The timing is quite interesting as the agency's annual seminar and SEC Alumni dinner will occur at the end of the month.
    United StatesCorporate/Commercial Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    New York Appellate Division Revives Non-Monetary Class Action Settlement In M&A Class Action With Revised Standard Of Review

    While non-monetary class action settlements are increasingly disfavored in other courts — most notably, in the Delaware Court of Chancery — New York courts remain receptive to their utility.
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    Securities Class Actions Escalate In Australia

    The last seven months have seen yet another increase in the level of securities class actions in Australia.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    The Growing Intersection Of AI And Class Action Litigation

    In privacy law and data protection, AI systems are increasingly scrutinized for potential violations, especially as they process vast amounts of personal data.
    GlobalTechnology
    Torys
    Torys
  • Article

    Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger Of Fewer M&A "Transaction Tax" Lawsuits?

    As has been widely reported, almost every large public company merger and acquisition (M&A) transaction attracts at least one shareholder lawsuit.
    United StatesCorporate/Commercial Law
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    Informed Shareholders Take The Steam Out Of Deal Litigation

    The informed choice of independent, uncoerced shareholders to approve an M&A transaction is being given more weight in the United States following a recent line of Delaware decisions.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    Buyers Beware: Why Acquirers Of Public Companies Should Care About The Sale Process

    Purchasers of public companies focus on negotiating the best terms for the acquisition. Price, break-up fees, deal protections (such as voting agreements or matching rights), closing conditions and required actions to facilitate regulatory approval or obtain financing all are key deal considerations for buyers.
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    The M&A Aftermath Of High Court's Emulex Punt

    When the U.S. Supreme Court decided on Tuesday to dismiss the writ of certiorari in Emulex Corp. v. Varjabedian as "improvidently granted,"
    United StatesCorporate/Commercial Law
    A&O Shearman
    A&O Shearman
  • Article

    Funds As Plaintiffs: A New Set Of Questions

    Last year, plaintiffs filed an unprecedented 412 new federal class-action securities cases, meaning that the "likelihood of securities litigation against U.S. exchange-listed companies was greater in 2017...
    United StatesLitigation, Mediation & Arbitration
    Stradley Ronon Stevens & Young
    Stradley Ronon Stevens & Young
  • Article

    Auditor Liability In Securities Litigation From A Defense Perspective

    Despite the fact that securities fraud lawsuits involving auditors are said to be relatively few in number as a percentage of total new filings and new filings are below the historical average, auditors often come to be added as defendants, particularly in high-profile cases.
    United StatesFinance and Banking
    Foley Hoag LLP
    Foley Hoag LLP

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