Lawyers have often been the brunt of cruel jokes. But now, a recent study reported on by the Bureau of National Affairs shows, lawyers are the target of securities regulators.
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Federal and State Criminal Activities
Law Firms Cannot Ignore Clients Who May Be Engaged in Ponzi Schemes
By Fox Rothschild on
Regulators seem to believe that lawyers and their law firms act like ostriches when it comes to their clients and Ponzi schemes. For example, a law firm paid $25 million…
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A “New” Statute for the Department of Justice
By Fox Rothschild on
The DOJ has been making increasing and aggressive use of the Financial Institutions Reform Recovery and Enforcement Act (“FIRREA”)
FIRREA was an outgrowth of the savings and loan crisis in the…
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Is The FCPA’s Facilitating Payment Exception Dead?
By Fox Rothschild on
Incredibly over the last several years, both the DOJ and SEC have been relentless in their aggressive enforcement of the Foreign Corrupt Practices Act. As part of this pursuit, the FCPA’s…
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Defense Bar Strategies May Help Tackle SEC “No Admit” Policy in Parallel FCPA Cases
By Fox Rothschild on
Despite recent changes to the SEC’s no admit/no deny settlement policy, FCPA defense attorneys still have options.
As many know, the SEC will no longer allow settling defendants either to admit nor…
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Acquiring Companies of Foreign Interests Risk FCPA Liability
By Fox Rothschild on
Companies that acquire or invest in offshore entities or in entities that conduct business overseas may inherit FCPA risks.
Clearly, the DOJ and the SEC are viewing these transactions and the…
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What You Should Know Before You Start a Ponzi Scheme?
By Fox Rothschild on
Okay, no one is suggesting that you start a Ponzi scheme!!! However, now, that we have your attention, you should be aware of the United States Court of Appeals for…
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Foreign Fund Issuers selling in the United States May Require Registration
By Fox Rothschild on
Over the course of many years, I have been questioned by American BDs as to their responsibilities for sales to people outside the United States. My response has always been that they…
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You Have to Make Sure Your Private Equity Firm Has D&O Coverage When Responding to Subpoenas
By Fox Rothschild on
Private equity companies have recently been hit with a barrage of regulatory subpoenas.
Responding to these subpoenas may cost the private equity firms to expend millions of dollars. These entities should…
Like a Good Neighbor Hedge Fund Insurance Coverage Will Be There, No, Not Unless You Make Sure
By Fox Rothschild on
This blog entry about hedge fund insurance coverage almost sounds like a car insurance commercial. Sadly, both are critical in today’s modern society.
Given the current regulatory environment, volatile market conditions, and…