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ARTICLE · 19 MARCH 2010

SEC Settlements Trends: 1Q10 Update - Settlements Jump, But Fewer Involve Financial Payments

The Securities and Exchange Commission (SEC) settled with 205 defendants in its first quarter of fiscal year 2010, compared to 181 in the previous quarter and 123 in the first fiscal quarter of 2009.

United StatesLitigation, Mediation & Arbitration

By Jan Larsen with Dr. Elaine Buckberg and Dr. Baruch Lev*

Overview

The Securities and Exchange Commission (SEC) settled with 205 defendants in its first quarter of fiscal year 2010, compared to 181 in the previous quarter and 123 in the first fiscal quarter of 2009.1,2 The increase in the number of settlements is particularly notable given that the first quarter is not typically one of the more active times for SEC settlements. Indeed, since the 2002 passage of the Sarbanes Oxley Act ("SOX"), the first quarter of the year has, on average, seen the fewest number of settlements, while the fourth quarter has seen the most.3 Furthermore, since SOX, the only other fiscal year in which the number of settlements in the first quarter exceeded that in the prior quarter was 2007.

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