SEC Investigations and Enforcement Actions in 2018: Practical Tips and Strategies
Living by its three-fold mission, the United States Securities and Exchange Commission (SEC) is the country's leading weapon in protecting investors; maintaining fair, orderly and efficient market; and facilitating capital formation. As an independent federal investigative agency, the SEC conducts investigations on entities suspected to be violating the securities laws.
Such investigations and enforcement actions are crucial especially when it comes to regulating the stock market, and protecting investors against fraud. Because of this, it becomes highly imperative for public and private companies to be compliant with securities laws, as well as to be well-versed in the strategies for dealing with such investigations to minimize exposures to risks and legal pitfalls.
Listen as a panel of distinguished professionals and practitioners organized by The Knowledge Group provide the audience with the most significant SEC investigations and in actions during the first half of fiscal 2018. Speakers, among other things, will offer insights on the core investigation aspects, and how to strengthen their compliance, thus avoiding investigations. They will also give a comprehensive analysis of what to expect in the coming months.
Some of the major topics that will be covered in this LIVE Webcast are:
- SEC Investigations Updates
- Recent Enforcement Actions
- Common Mistakes that lead to SEC Investigations
- Investigation and Enforcement Trends from 2017 to 2018
- SEC and Other Regulatory Matters
- Practical Tips and Strategies
Susan Markel, Managing Director
Michael Lowman, Partner
Jenner & Block LLP
Kurt Wolfe, Attorney
Allen & Overy LLP
- Introductory Remarks [Knowledge Group]
- Overview of transition at the SEC (new leadership, etc.) [KURT: approx. 10 minutes]
- SEC Enforcement Trends [SUSAN]
- Focus on Conduct of Individuals [SUSAN]
- Sources of SEC Investigations [SUSAN]
- Examples of Specific Risks for Initiation of SEC Investigations [SUSAN]
- The SEC’s recent entry into the regulation of bit coins [MIKE]
- What to watch for in insider trading law in wake of Salman and the Martoma case [MIKE]
- ALJs and Lucia [KURT: approx. 10 minutes]
- What may be the programmatic impact on the Supreme Court’s Kokesh decision, including SEC FCPA enforcement and the potential loss of the disgorgement remedy [MIKE]
- SEC Whistleblower Program Update [SUSAN]
- What may be the impact on public corporations following the Supreme Court’s Somers decision concerning whistleblower protection [MIKE]
- FRAUD Group, Accounting Areas of Focus, & Key Considerations [SUSAN]
- “Other” issues: (i) limiting “Chevron deference”; (ii) “oral downloads” as waivers; and (iii) blocking shareholder class action lawsuits [KURT: approx. 15 minutes]
- Q&A [Knowledge Group]
Who Should Attend:
- Corporate & Securities Lawyers
- Financial Fraud Practicing Lawyers
- Senior Financial Management
- Compliance Officers
- Legal Counsel
- Financial Crime Attorneys & Consultants
- Top Level Management
- Multinational Companies
- Private and Public Companies
- Other Interested Professionals
Susan oversees matters involving corporate financial reporting, regulatory investigations, whistle-blower actions, Foreign Corrupt Practices Act (FCPA) enforcement, and internal controls. Formerly at the US Securities and Exchange Commission (SEC), she served as chief accountant of the enforcement division. She has a Bachelor of Science in accounting from the University of Akron, is a CPA and certified in financial forensics. Susan has received several awards including the SEC’s Distinguished Service Award in 2006 and The National Law Journal's 2014 "Governance, Risk and Compliance Trailblazer and Pioneer". She is a speaker nationally and internationally on public reporting and accounting related to financial fraud investigations and other enforcement actions involving the SEC and other government entities.
Susan oversees matters involving corporate financial reporting, regulatory investigations, whistle-blower actions, Foreign Corrupt Practices Act (FCPA) enforcement, and internal controls. …
Michael K. Lowman is a partner in Jenner & Block’s Securities Litigation and Enforcement Practice. Drawing on his years of experience as counsel for the Securities and Exchange Commission’s Division of Enforcement, he represents public companies and their officers and directors in SEC investigations, securities class actions, individual suits by securities holders and derivative actions. Prior to joining the firm, Mr. Lowman served for five years as an attorney at the SEC’s Division of Enforcement, serving as both as Senior Counsel and as Assistant Chief Litigation Counsel. During this time, he acted as primary trial counsel in a wide variety of civil and administrative enforcement actions. He investigated and, where necessary, tried complex financial fraud cases and also worked closely with federal, state and foreign criminal law enforcement agencies in parallel criminal proceedings arising out of SEC investigations.
Michael K. Lowman is a partner in Jenner & Block’s Securities Litigation and Enforcement Practice. Drawing on his years of experience as …
Kurt advises clients in connection with internal investigations and regulatory enforcement actions.
Kurt has helped some of the largest global financial services firms design and execute risk-based internal investigations, while navigating demands from regulators in related enforcement matters. In non-contentious matters, Kurt advises clients on developing and implementing compliance policies and procedures and he regularly conducts compliance training for employees.
Kurt has represented clients in enforcement actions brought by the Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), the Department of Justice (DOJ), various state attorneys general, and other domestic and foreign regulatory and governmental bodies. Kurt has particular expertise in matters involving alleged securities or financial fraud, insider trading, FCPA compliance, and Ponzi scheme allegations.
Kurt advises clients in connection with internal investigations and regulatory enforcement actions. Kurt has helped some of the largest global …
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Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
Experience in securities laws
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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About Jenner & Block LLP
Jenner & Block is a law firm of international reach with more than 500 lawyers. Our firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court. Companies and individuals around the world trust Jenner & Block with their most sensitive and consequential matters. Our clients range from the top ranks of the Fortune 500, large privately held corporations and financial services institutions to emerging companies, family-run businesses and individuals. We have earned our reputation as a litigation powerhouse. The 400 lawyers in our nationally recognized litigation department have won impressive victories in complex and challenging cases in a broad range of substantive areas of law and across a wide variety of industries, before federal, state and administrative courts and in arbitrations.
About Allen & Overy LLP
At a time of significant change in the legal industry, Allen & Overy is determined to continue leading the market as we have done throughout our 87-year history. To support our clients’ international strategies, we have built a truly global network now spanning 44 offices in 31 countries. We have also developed strong ties with relationship law firms in over 100 countries where we do not have a presence. This network makes us one of the largest and most connected law firms in the world, with a global reach and local depth that is simply unrivalled. Global coverage in today’s market does not simply mean having offices in important cities around the world. For us, it means combining our international resources and sector expertise to work on cross-border transactions directly in the markets and regions important to our clients.