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ABA LawBlawg 100 Winner (2015)
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Recent Posts
- What It Takes to Be a Trial Lawyer, If You Are a Woman
- Government Contractors Conducting Investigations: A New Normal?
- Yes, Maybe the Government Does Hate the Attorney-Client Privilege—The Challenge of Protecting the Privilege for Civil Investigative Demands
- Initial Coin Offerings and SEC Enforcement: Protecting Investors (Part IA)
- Prosecutors Sure Do Love the Perp Walk
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Category Archives: SEC policy and practice
Initial Coin Offerings and SEC Enforcement: Protecting Investors (Part IA)
By Dan Portnov Last week I had the pleasure of attending a reception featuring SEC Commissioner Robert Jackson, who spoke about FinTech, ICOs and crypto-assets. Jackson’s prepared comments and subsequent Q&A session were a rare look into one Commissioner’s concerns and hopes for … Continue reading
Supreme Court Rules SEC Administrative Judges Are Unconstitutional, But Special Counsel Mueller is Safe
By Dan Portnov Yesterday, the Supreme Court decided Lucia v. SEC, holding that the Securities and Exchange Commission’s five-member commission must appoint the agency’s Administrative Law Judges (“ALJs”), as these in-house judges are “inferior officers” under the Constitution’s appointments clause. … Continue reading
Surviving Parallel Proceedings
By Dan Portnov Late last week the other shoe finally dropped for Theranos founder and ex-CEO Elizabeth Holmes, as she and fellow executive Ramesh “Sunny” Balwani were indicted on charges of wire fraud and conspiracy to commit wire fraud. Following … Continue reading
Is DOJ Changing Its Practice on Press Releases after Dismissal or Acquittal?
I’ve written about vented several times (see here and here) about DOJ’s practice of leaving press releases announcing indictments on its website even after the defendant has been acquitted of the charges or after the charges have been dismissed. DOJ’s … Continue reading
Like DOJ, the SEC Has Trouble with Misleading Press Releases
I’ve written before about the fundamental unfairness of the Department of Justice’s practice of issuing press releases touting indictments but not issuing press releases when the charges are dismissed or the defendant acquitted. It looks like the SEC has the … Continue reading
Posted in SEC policy and practice, Securities fraud
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