The SEC issued an alert intending that firms detect and prevent unauthorized trading in brokerage and advisory accounts. 

This release related to certain risks the SEC’s Office of Compliance Inspections and Examinations found in its investigations and examinations.  OCIE had reports of unauthorized trades and rogue trading by traders, portfolio managers, brokers and others.  The

The SEC and CFTC launched a working group to discuss and identify money laundering vulnerabilities. 

These issues have lingered for awhile.  Both agencies believe that there is an opportunity to clarify their positions relating to money laundering and if their programs could potentially uncover such events.  This group will also include representatives from the Treasury

Recently, the SEC announced that it would take steps to bar felons and bad actors from any Regulation D offering. 

This rule was mandated by the Dodd-Frank Act, and the SEC issued the proposal last May 2011.  This new rule may be in place before the end of this year, but there is no certainty

In an intriguing case out of the United States District Court for the Western District of Missouri, a plaintiff’s purchase of condominium units with an option to participate in the rental program did not involve an investment contract under either the federal or Missouri securities laws.  The court, thus, dismissed the plaintiff’s securities claims. 

The

We recently let everyone know about a great resource from our colleagues in Canada.  Jill Yates’ work, Defending Class Actions in Canada, is the key resource for clients facing a class action in Canada.  It is also a great source of information for US lawyers looking to assist clients facing the possibility or reality of

Ernie will be moderating a panel on investigating and responding to data breaches.  The discussion will include the required specialized skills and active coordination with a company’s IT personnel and external IT experts. Among the various federal laws to be considered when  protected private information has been improperly accessed  are the HIPAA/HITECH, and/or Gramm-Leach-Bliley Act.  The panel

The SEC has indicated that it will continue to review potential aiding and abetting claims in light of the Janus Capital Group Inc. v. First Derivative Trader’s decision.

That decision limited the ability to bring primary liability claims against actors, pursuant to Securities Exchange Act of 1934 Rule 10b-5.  Although the matter involved private litigation