ArticleSEC Enforcement 2024: Year In ReviewThe 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 StatesComplianceHolland & Knight
ArticleCooperation With SEC: Yielding More Benefits, But Lack Of Predictability RemainsAlthough 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 LawHolland & Knight
ArticleNew Securities Class Actions Down 35% In Pandemic's Second YearChristin Hill spoke with Bloomberg Law about the annual report from Cornerstone Research and the Stanford Law Review Securities Class Action Clearinghouse.United StatesCorporate/Commercial LawMorrison Foerster
ArticleSEC Charges Improper Revenue Recognition Practices—Still A Hot Topic For SEC EnforcementLast 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 AuditCooley LLP
ArticleSecurities Litigation + Enforcement Highlights For Q3 2023Through 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 LawCooley LLP
ArticleU.S. Securities Class Action Lawsuit Filings Soared In 2007Following 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 & ArbitrationTorys LLP
ArticleCooley's 2019 Tech M&A Year In ReviewIn the wake of record-setting volume and value metrics in 2018, practitioners eyed the 2019 deal market with healthy skepticism.United StatesCorporate/Commercial LawCooley LLP
ArticleCOVID-19: A Second Look At Securities Act Litigation Amid COVID-19This article follows an earlier Client Alert entitled COVID-19: An Early Look at Securities Act Litigation Amid COVID-19.United StatesCorporate/Commercial LawWilmerHale
ArticleWhite Collar Roundup - May 2017A 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 LawDay Pitney LLP
ArticleQuestions Raised Over The Constitutionality Of SEC Administrative ProceedingsCanadian securities regulators overwhelmingly address regulatory non-compliance through enforcement proceedings commenced before their own adjudicative tribunalsCanadaCorporate/Commercial LawOsler, Hoskin & Harcourt LLP
ArticleChanges 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 LawDuane Morris LLP
ArticleNew York Appellate Division Revives Non-Monetary Class Action Settlement In M&A Class Action With Revised Standard Of ReviewWhile 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 LawSheppard
ArticleSecurities Class Actions Escalate In AustraliaThe last seven months have seen yet another increase in the level of securities class actions in Australia. AustraliaLitigation, Mediation & ArbitrationJones Day
ArticleThe Growing Intersection Of AI And Class Action LitigationIn privacy law and data protection, AI systems are increasingly scrutinized for potential violations, especially as they process vast amounts of personal data.GlobalTechnologyTorys
ArticleDelaware 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 LawHunton Andrews Kurth LLP
ArticleInformed Shareholders Take The Steam Out Of Deal LitigationThe 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 LawTorys
ArticleBuyers Beware: Why Acquirers Of Public Companies Should Care About The Sale ProcessPurchasers 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 LawFried Frank Harris Shriver & Jacobson
ArticleThe M&A Aftermath Of High Court's Emulex PuntWhen 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 LawA&O Shearman
ArticleFunds As Plaintiffs: A New Set Of QuestionsLast 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 & ArbitrationStradley Ronon Stevens & Young
ArticleAuditor Liability In Securities Litigation From A Defense PerspectiveDespite 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 BankingFoley Hoag LLP