The Securities Enforcement and Litigation Trends and Developments in 2016
In 2016, the Securities and Exchange Commission (SEC) continued an aggressive civil enforcement action to maintain a fair, orderly and efficient market. Earlier this year, the SEC has entered into a $52.7 million settlement with Apollo Global Management LLC to resolve charges when its four private equity fund advisers misled investors about fees and loan agreement. These recent activities suggest that SEC has a long-term intent to focus on financial reporting and disclosure cases.
As the federal government’s principal investigative agency, and given the events of the past decade including the Madoff fraud and investment scandal, the SEC is expected to be more aggressive and proactive in 2017. Whether the SEC enforce an informal inquiry or a formal investigation, it has to be taken seriously. The manner of every corporation’s initial response is just as important as mitigating potential pitfalls of noncompliance and hefty fines.
In this light, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will outline the recent Enforcement and Litigation Trends and Developments in 2016 and will take a sneak peek to what lies ahead in 2017 and the actions that companies and management can take to minimize the potential risks and common pitfalls and how to confront them head on.
- Developments and Trends in Securities Litigation
- Securities Filing and Settlement Trends in 2016
- Recent Significant Securities Case Decisions
- Recent SEC Enforcement Actions
- Discussion on Significant Issues for Financial Statement Disclosures
- Results of Recent Litigations and Current Issues Arising from SEC Administrative Proceedings
- Recent SEC Enforcement Efforts with Case Citations
- Key Techniques to Identify Fraudulent Schemes
- Best Practices in Developing an Effective Compliance Program
Douglas Paul, Partner
- Financial Fraud and Disclosure
- Holding Gatekeepers Accountable
- Misconduct by Investment Advisers and Investment Companies
Clint A. Corrie, Partner
Henry I. Willett III, Partner
Christian & Barton LLP
- FINRA Enforcement Actions
- Rule 8210 Notice/Request for Documents and Information
- Obligation to Provide Requested Information
- Civil, Regulatory and Criminal Considerations in Responding
- Sanctions for Not Responding
- Reporting Obligations
- On the Record Interview Process
- Letter of Acceptance, Waiver and Consent
- Filing of a Complaint Under Rule 9211
- Discuss Sanction Guidelines:
- Protect Investors
- Deter Misconduct
- Uphold High Standards of Business Conduct etc...
- Examples of Violations Being Investigated
- Background Review of Department of Labor Fiduciary Regulations
- Challenges to Implementation
- Potential Delay
Who Should Attend:
- Securities Lawyers
- Financial Fraud Practicing Lawyers
- Senior Financial Management
- Compliance Officers
- Legal Counsel
- Finance Lawyers
- Financial Crime Attorneys & Consultants
- In-house Counsel
- White Collar Attorneys
- Securities Litigation Attorneys
- Corporate Attorneys
- Litigation Officers
- Corporate Executives
- Public and Private Companies
Douglas B. Paul represents companies, boards of directors, associated committees, and individuals facing potential civil and criminal liability in allegations of fraud, including securities fraud, healthcare fraud, and corruption. He advocates for clients in enforcement-related investigations and proceedings before the Securities and Exchange Commission (SEC), Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), and other federal and state authorities.
He works closely with companies in developing, implementing, and improving ethics and compliance policies and procedures. Much of his work focuses on issues such as accounting and disclosure fraud, insider trading, foreign corruption, healthcare fraud, market manipulation, and breach of fiduciary duty. Douglas represents corporate clients in internal investigations and provides guidance on corporate governance.
Douglas' career has spanned government service and private practice, giving him insight into the varied challenges facing the clients he now represents. As a Branch Chief in the SEC's Division of Enforcement, Douglas exercised direct supervisory authority over the SEC's investigation into Enron Corp., a far-reaching and complex accounting fraud case.
Douglas B. Paul represents companies, boards of directors, associated committees, and individuals facing potential civil and criminal liability in allegations …
Clint Corrie focuses his practice primarily in complex commercial litigation, with an emphasis on banking, securities litigation, and arbitration. He is experienced in a broad range of litigation and arbitration having tried jury and non-jury trials in state and federal courts, and before national and international arbitral tribunals. Clint has both prosecuted and defended in trade secrets and employment related litigation involving injunctions and extraordinary relief. He has extensive experience in directors and officers, errors and omissions, and fidelity insurance matters.
Clint Corrie focuses his practice primarily in complex commercial litigation, with an emphasis on banking, securities litigation, and arbitration. He is experienced …
Henry Willett is a partner in Christian & Barton’s Litigation department. Mr. Willett represents clients in matters involving the enforcement of non-compete and non-solicitation agreements, regulatory enforcement actions, financial services disputes, business torts, intellectual property disputes, trade secret and cooperate embezzlement claims, and professional malpractice claims. He has tried cases and arbitrated matters in state and federal courts throughout the United States and before FINRA Dispute Resolution, the National Association of Securities Dealers, the New York Stock Exchange and the American Arbitration Association.
Mr. Willett is the Chair of the Virginia State Bar’s Bench-Bar Relations Committee, Chair-Elect of the Civil Litigation Section of the Richmond Bar Association and is a member of the firm’s Recruiting Committee. Mr. Willett has presented numerous CLE seminars on various litigation and e-discovery topics.
Henry Willett is a partner in Christian & Barton’s Litigation department. Mr. Willett represents clients in matters involving the enforcement …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Hogan Lovells
Hogan Lovells is a global law firm. Our 2,500 lawyers on six continents provide practical legal solutions wherever our clients work takes us.
Change is happening faster than ever, and to stay ahead, our clients need to anticipate what’s next. Legal challenges come from all directions. We understand and work together with our clients to solve the toughest legal issues in major industries and commercial centers around the world. Whether they're expanding into new markets, considering capital from new sources, or dealing with increasingly complex regulation or disputes, we can help.
A fast-changing and inter-connected world requires fresh thinking combined with proven experience. That’s what we provide. Progress starts with ideas. And while imagination helps at every level, our legal solutions are aligned with our client’s business strategy. Our experience in cross-border and emerging economies gives us the market perspective to be a global partner. We believe that when knowledge travels, opportunities arise.
About Akerman LLP
Akerman LLP is a leading transactions and trial law firm known for its core strengths in middle market M&A, within the financial services and real estate industries, and for a diverse Latin America practice. With more than 650 lawyers and government affairs professionals and a network of 24 offices, it is ranked among the top 100 law firms in the United States by The American Lawyer (2016). Akerman also is ranked among the top 50 law firms for diversity in The American Lawyer's Diversity Scorecard (2016).
Akerman's Litigation Practice Group has vast experience in a wide range of civil and criminal litigation, including class action defense, securities and corporate litigation, banking, white collar crime and government investigations, insurance, and real estate. The Litigation team is recognized nationally by U.S. News – Best Lawyers in several categories including Commercial Litigation and Appellate.
About Christian & Barton LLP
Christian & Barton, L.L.P., maintains a broad-based civil practice, serving clients throughout the United States. Our offices are located in Richmond, the capital of Virginia. Our clients range from Fortune 500 companies to closely-held businesses, and include governmental entities, nonprofit organizations and individuals. Many firm clients are entrepreneurs engaged in high technology businesses, financial services, real estate ventures and expanding professional groups. Others engage in communications, health care, insurance and transportation.
One of Virginia's foremost firms, Christian & Barton traces its origins to 1926, when Andrew Christian and Robert Barton established a law practice to provide legal services at competitive rates while maintaining the highest professional standards. We strive to maintain these traditions while evolving to meet the needs of our clients.