Recently Gurbir Grewal (the SEC’s Director of the Division of Enforcement) delivered this speech titled “The Five Principles of Effective Cooperation in SEC Investigations” at a securities law conference.
This post summarizes the speech and provides factual information and rebuttal points relevant
Securities
Investment Advisers, Misstatements and Conflicts
Investment advisers have a fiduciary duty to their clients under the statutes. This contrasts with the obligations of others such as corporate employees and even brokers and dealers. That duty is fundamental to the function of an investment advisory giving…
SEC and FinCEN Propose Customer Identification Program Requirements for Certain Investment Advisers
On May 13, 2024, the US Securities and Exchange Commission (“SEC”) and the US Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint notice of proposed rulemaking (the “CIP Proposal”) that would apply customer identification program obligations…
From Across The Pond
This post highlights developments in the United Kingdom regarding foreign bribery enforcement actions.
As highlighted here, a director of PV Energy Ltd (Peter Virdee also known as Hardip Singh) was charged with bribing a foreign public official in that…
Frequently Asked Questions for FINRA Member Firms on AI Use in Public Communications
Several days ago, FINRA released guidance updating its Frequently Asked Questions relating to Rule 2210 on Advertising and Public Communications to address Artificial Intelligence. This follows after FINRA has consistently been noting that the use of AI and AI tools…
Upcoming Webcast: “Proxy Season Deep Dive – 20 Things”
Join us on Tuesday, June 25th for a webcast – “Proxy Season Deep Dive – 20 Things” – to hear Perkins Coie’s Allison Handy, Kelly Reinholdtsen and Broc Romanek and Proxy Analytics’ Steve Pantina as they cover what happened during…
Do You Need “Cooperation Credit”?
What happens when inappropriate, improper or illegal conduct is discovered at your company? A range of choices immediately loom. They run from nothing, to self-reporting to the authorities, to covering it up. SEC Enforcement Director Gurbir S. Grewal recently addressed…
SEC Charges Advisory Firm Mass Ave Global and Co-Founder and CEO Winston Feng with False Statements and Undisclosed Conflicts
The Securities and Exchange Commission today instituted settled proceedings against formerly registered investment adviser Mass Ave Global Inc. (MassAve) and its co-founder and CEO Winston M. Feng for making false and misleading statements to investors…
The “Yates Memo” – Nine Years Later
As highlighted in this prior post, in September 2015 then DOJ Deputy Attorney General Sally Yates delivered this speech and released this memo titled “Individual Accountability for Corporate Wrongdoing. (See here for the video of the speech). Like certain other…
SEC’s Upcoming Investor Advisory Committee Meeting: Finfluencers and AI
The Securities and Exchange Commission announced an upcoming meeting of its Investor Advisory Committee, which will be held on June 6, 2024. The agenda includes a number of interesting topics.
The Committee will consider and address the impact of “finfluencers.” …