The SEC has proposed cybersecurity risk management rules for registered investment advisers, and registered investment companies and business development companies (funds), as well as amendments to certain rules that govern investment adviser and fund disclosures. “Cyber risk relates to each part of the SEC’s three-part mission, and in particular to […]
Tag: Securities Lawyer
Defense of an SEC Enforcement Investigation
SEC enforcement investigations cover a wide range of targets and witnesses, from the big investment banks and their employees, to public companies to private companies who are soliciting investments, small companies. The SEC conducts its investigations privately, and does so by requesting voluntary cooperation or issuing subpoenas for documents and […]
SEC Proposed Changes to Two Whistleblower Program Rules
Changes will Benefit Whistleblowers The U.S. Securities and Exchange Commission (SEC) Office of the Whistleblower is a division of the Commission charged with protecting the rights of individuals who come forward with information regarding misconduct by public companies, accounting firms, and other persons and entities covered by the securities laws. […]
Robo-Adviser Settles SEC Charges of Misleading Investors
A robo-adviser is an automated investment tool that uses mathematical algorithms to evaluate the prospects of various investment options and, in theory, choose the best one. Robo-advisors are digital platforms that provide automated, algorithm-driven financial planning services with little to no human supervision. A typical robo-advisor collects information from clients […]
Chair Gensler Announces Additions to Executive Staff
The Securities and Exchange Commission announced the appointments of Corey Frayer, Phil Havenstein, Jennifer Songer, and Jorge Tenreiro to Chair Gary Gensler’s executive staff. “Corey, Phil, Jenny, and Jorge have exceptional experience,” said Chair Gensler. “I’ve already begun to rely on their valuable counsel on policy, enforcement, and agency operations, […]
Consultant to Biotech Company Settles Insider Trading Claim
You cannot trade on material, non-public information you obtained as a result of your employment or as an outside consultant. Period, end discussion. By Mark Astarita While the SEC’s complaints are simply allegations, which need to be proven in court, the fact that an employee is charged with insider trading […]
Nikola Corporation to Pay $125 Million to Resolve Fraud Charges
The SEC has announced that Nikola Corporation, a publicly traded company created through a special purpose acquisition company transaction, has agreed to pay $125 million to settle charges that it defrauded investors by misleading them about its products, technical advancements, and commercial prospects. The settlement follows the SEC’s litigated action […]
SEC Proposes Amendments Regarding Rule 10b5-1 Insider Trading Plans and Related Disclosures
Rule 10b5-1 formalizes a defense that has always been available to the corporate insider accused of trading on inside information – I ordered the sale of the stock before I knew of any such information, and therefore I could not have traded on the information. Of course, the Rule, and […]
James E. Grimes Named Chief ALJ at SEC
We are certain that Judge Grimes will be an excellent Chief ALJ, but we found it interesting, given the fact that the SEC ALJs rule in favor of the SEC in almost all of their cases that the SEC thought that including the word “impartial” in the title “SEC impartial Office […]
JPMorgan Admits to Widespread Record-Keeping Failures and Agrees to Pay $125 Million Penalty to Resolve SEC Charges
The SEC announced charges against J.P. Morgan Securities LLC (JPMS), a broker-dealer subsidiary of JPMorgan Chase & Co., for widespread and longstanding failures by the firm and its employees to maintain and preserve written communications. JPMS admitted the facts set forth in the SEC’s order and acknowledged that its conduct […]








