Securities Enforcement Forum 2020 Materials


COVID-19 – Securities Enforcement and Shareholder Litigation Ramifications

  1. SEC Coronavirus (COVID-19) Response
  2. The Importance of Disclosure – For Investors, Markets and Our Fight Against COVID-19 (SEC Chairman Clayton)
  3. Managing Securities Litigation Risks in a Time of Coronavirus Insecurities
  4. Statement from Stephanie Avakian and Steven Peikin, Co-Directors of the SEC’s Division of Enforcement, Regarding Market Integrity
  5. How the SEC Enforcement Division Responds to a Crisis
  6. COVID-19: Regulator Guidance on Privacy and Cybersecurity Issues Raised as Companies Respond to the Pandemic
  7. Considerations for Corporate Directors As Their Companies Confront COVID-19
  8. SEC Division of Enforcement emphasizes need for market integrity in context of COVID-19 pandemic
  9. What Companies Need to Know Now About Public Disclosures Concerning COVID-19
  10. SEC Examinations and Enforcement in the COVID-19 Era


Cybersecurity Disclosure and Enforcement: How Tough Will the SEC Get?

Financial Disclosure and Accounting Fraud

  1. Building Strength from (Material) Weakness: Audit Committee Oversight of Internal Controls
  2. SEC Proposes to Modernize Disclosures of Business, Legal Proceedings and Risk Factors Under Regulation S-K
  3. SEC Financial Reporting and Audit (FRAud) Group
  4. Early Takeaways From SEC’s FY 2020 Fraud Enforcement
  5. SEC Maintains Its Focus on Perk Disclosures
  6. SEC Speech —Pondering Financial Reporting: Remarks before the 2018 Leet Business Law Symposium
  7. SEC Is Watching Earnings Management Disclosures
  8. SEC charges company for failure to disclose material trends
  9. Private Companies: Beware of SEC Scrutiny
  10. SEC Enforcement in Financial Reporting and Disclosure: 2019 Mid-Year Update


Director’s Panel

  1. SEC Enforcement Annual Report for FY 2019
  2. Highlights From ‘SEC Speaks’ 2020
  3. Speech by Steven Peikin: COVID-19 Enforcement Matters
  4. The SEC/Musk/Tesla Settlement: The Dawning of a New Era of SEC Internet Enforcement
  5. SEC Enforcement Activity: Public Companies and Subsidiaries—FY 2019 Update
  6. Supreme Court Upholds Securities Fraud Liability for Defendant Who Did Not “Make” False Statements
  7. The Lasting Impact of Kokesh: Footnote 3 and Beyond
  8. Keynote Remarks of Sec Chairman Jay Clayton at the Mid-Atlantic Regional Conference (June 2019)


Financial Firm Spotlight — Enforcement and Regulatory Developments for Asset Managers, Broker-Dealers, Hedge Funds and More

  1. SEC Examination Priorities for 2020
  2. FINRA 2020 Annual Risk Monitoring and Examination Priorities Letter
  3. DOJ Will Partner With SEC to “Lean In” on Aggressive Antitrust Policing of the Financial Services Sector
  4. Legal & Regulatory Risk Note for the Finance Sector (Oct. 2020)
  5. The EU’s ESG Package – what do asset managers need to know?
  6. Electronic Communications in SEC Examinations and Investigations
  7. These Are Volatile Times: What Asset Managers Need to Know—and Do—When SEC Comes Calling
  8. What does the SEC have in store for 2020?
  9. Regulatory Challenges in Illiquid Asset Valuation Litigation
  10. Mylan settles SEC charges for disclosure and accounting failures arising out of DOJ investigation
  11. SEC Warns Registered Firms About Client Privacy and Data Security


Insider Trading 360° – Enforcement Trends and Key Cases, Prosecutions, and Legislation

  1. SEC warns on coronavirus insider trading after stock sales by NYSE chair, his wife Sen. Loeffler, 3 other senators
  2. Quarantine Your Sensitive Business Information to Avoid Inadvertent Tipping Liability
  3. Stock Buybacks Under 10b5-1 Plan Draw SEC Rebuke
  4. SEC Signals Increased Penalties Post-Liu
  5. SEC Charges Former Senior Attorney at Apple With Insider Trading
  6. Report of the Bharara Task Force on Insider Trading
  7. Insider trading law is irreparably broken
  8. Liu v. SEC Offers Opportunity For Clarity In Disgorgement Law
  9. Stay Vigilant: The Government Shutdown Didn’t Shut Down Insider Trading Enforcement
  10. Task Force recommends insider trading legislation
  11. Beware Intense Insider Trading Scrutiny in Current Climate
  12. COVID-19 and Rule 10b5-1 Plans: Best Practices
  13. Text of H.R. 2534, the “Insider Trading Prohibition Act”
  14. Text of H.R. 4344, the “Investor Protection and Capital Markets Fairness Act”


Whistleblower Update: The Impact on Corporations and SEC Enforcement

  1. SEC Office of the Whistleblower
  2. SEC’s 2019 Annual Report on the Dodd-Frank Whistleblower Program
  3. SEC Whistleblower Program Ends Record-Setting Fiscal Year With Four Additional Awards
  4. SEC Issues Record $114 Million Whistleblower Award 


Cryptocurrency Regulation, Enforcement and Litigation

  1. SEC Obtains Final Judgment Against Kik Interactive For Unregistered Offering
  2. The SEC Triples Down on its Cryptocurrency Crackdown
  3. US Actions Show View Of Crypto As National Security Threat
  4. Beware ICO Lawyers: As Regulatory Gatekeepers, You’re the Next SEC Target
  5. Economic Considerations for ICO Regulation and Litigation
  6. SEC Names Valerie A. Szczepanik Senior Advisor for Digital Assets and Innovation
  7. Chairman’s Testimony on Virtual Currencies: The Roles of the SEC and CFTC 


Managing Internal Investigations and Advanced Government Defense