Welcome to Our Resource Library

A hedge fund operator accused of securities fraud was recently sentenced to three months in prison for obstruction of justice… A hedge fund operator accused of securities fraud was recently sentenced to three months in prison for obstruction of justice. The charges stemmed from lying to investigators during a deposition conducted by the Securities and […]

Securities and Exchange Commission Seeks to Facilitate Intrastate and Regional Securities Offerings When the Securities and Exchange Commission (SEC) announced its finalized crowdfunding regulations in October, it also proposed additional rule amendments that would further help small businesses raise capital. The SEC’s proposal would amend existing securities rules to facilitate intrastate and regional securities offerings. […]

Just as investment advisers are adjusting to their new Dodd-Frank compliance obligations, the Securities and Exchange Commission (SEC) has proposed new reporting and disclosure requirements. The rule proposal, which was unveiled on May 20, 2015, includes several amendments to Form ADV as well as new reporting requirements for statements of the investment advisers performance. According […]

Overstock.com, Inc. may be the first company in the United States to offer digital securities. The online retailer recently filed a prospectus with the Securities and Exchange Commission (SEC) that details its plans to offer uncertificated securities that would be purchased and transferred using technology similar to that used for Bitcoin digital currency. In 2014, […]

After many delays and prolonged anticipation, the Department of Labor (DOL) finally released hotly contested, proposed a new fiduciary rule, which would increase the number of plan service providers falling within the definition of “fiduciary.” If the new fiduciary rule is adopted, financial advisors will be subjected to significantly higher legal standards governing their retirement […]

The United States Court of Appeals for the Second Circuit will not reconsider its decision in United States v. Newman, which dramatically increased the difficulty of proving insider trading cases involving “remote tippees” who lack a direct relationship with the individual who disclosed the confidential information. The appeals court recently denied the Justice Department’s request […]

The Securities and Exchange Commission (SEC) recently published the results of its cybersecurity preparedness examinations of more than 100 broker-dealers and investment advisers. The report highlights that while investment firms are increasingly being targeted by cyberattacks, they are also actively taking steps to address the threats.  The SEC’s Cybersecurity Preparedness Examination Initiative included 57 registered […]

The Federal Reserve Bank of New York is facing growing criticism over its Wall Street oversight. Critics, including several high-ranking members of Congress, contend that it is too cozy with the entities it is charged with regulating. One of the top concerns is the so-called revolving door through which employees move to and from the […]

After months of delays, the Securities and Exchange Commission (SEC) finally released proposed rules pursuant to the JOBS Act to permit companies to offer and sell securities through crowdfunding. While crowdfunding has become a popular way to raise money online, securities regulations kept it out of reach for many investors and small businesses. Once final […]

Insider trading has become a hot button issue for the Securities and Exchange Commission (SEC). From 2009 through 2012, the agency filed more insider trading actions (168 total) than in any three-year period in the agency’s history. The SEC’s pace has not slowed in 2013. Most recently, a former executive of Qualcomm Inc. was hit […]

The Securities and Exchange Commission (SEC) continues to show it means business. This month, the agency secured its first admission of wrongdoing under its tougher settlement policy. As we have previously discussed on this Business Law Blog, the SEC recently announced it was moving away from its long-standing practice of settling cases on a “neither […]

The Securities and Exchange Commission (SEC) secured a rare win at trial when a New York jury found former Goldman Sachs Group trader, Fabrice Tourre, committed securities fraud by intentionally misleading investors. The jury also concluded that Tourre aided and abetted an alleged fraud perpetrated by Goldman. The case involved a failed transaction during the […]