Liu v. SEC: Civil Disgorgement on the Chopping Block
By Matthew P. Allen – March 2, 2020
In this Sound Advice, Matthew P. Allen summarizes the parties' legal positions in Liu, and offers a structure to defend an SEC disgorgement action.
Post-Cyan Developments: State and Federal Court Litigation Update
By Josh Jones and Danielle Myers – December 10, 2019
In Cyan, the Supreme Court held that class actions solely alleging violations of Section 11 of the Securities Act of 1933 could be heard in state court and were not removable under SLUSA. In this Sound Advice , Josh Jones and Danielle Myers consider the state and federal court developments in the eighteen months since the opinion was issued.
SEC Speaks 2019
By Matthew P. Allen – May 10, 2019
In this podcast, Matthew P. Allen gives a summary of the SEC Enforcement Panel discussion from the 2019 SEC Speaks annual conference.
Federal Forum Charter Provisions for Securities Claims
By Albert Manwaring – February 11, 2019
This program addresses whether a Delaware Corporation may include in its certificate of incorporation a forum-selection provision, requiring that 1933 Securities Act claims be filed exclusively in federal court.
When Does the FINRA Code Require Arbitration of Customer Claims?
By Peter Tepley – February 11, 2019
This program discusses FINRA Rule 12200 and the Eleventh Circuit's decision in Pictet Overseas, Inc. v. Helvetia Trust, interpreting that rule. In particular, it focuses on the court's analysis of when does a customer dispute with a FINRA Member or Associated person arise in connection with the business activities of the associated person so as to require that the dispute be arbitrated under the FINRA Code of Arbitration procedure.
Social Media: The Creation and Evolution of Regulation FD
By Matt Allen & Trace Schmeltz – November 30, 2018
This program explores the effective and compliant use of social media by corporate officers and directors of public companies, in light of the requirements of securities regulations requiring that any disclosure of material, non-public, information be made in a fair and even-handed manner to all investors.
Putting Your First-Year Exams in Perspective
By Joshua Jones – November 20, 2018
First-year exams are stressful. Let's consider historical rites of passage, the Ming dynasty Confucian civil service exam, and your upcoming career in an effort to provide some perspective to the process.
Deciphering the Contours of Judicial Notice and Incorporation by Reference
By Erika Oliver – October 26, 2018
The Ninth Circuit's recent decision in Khoja v. Orexigan Therapeutics, Inc., 899 F.3d 988 (9th Cir. 2018), provides new clarity to the proper use of judicial notice and incorporation by reference, particularly in the securities fraud context. I discuss the decision and practice points going forward.
Two Recent Developments Impacting Internal Investigations
By Brian Neil Hoffman – July 18, 2018
Internal investigations into accounting matters involve numerous complex determinations. Learn how recent developments in the SEC's whistleblower program and decisions about privilege waivers over certain presentations to the SEC can impact these considerations.
Regulatory Fundamentals of Cryptocurrency
A high-level explanation of cryptocurrency and the SEC’s and CFTC’s regulatory schemes. (24:04 min.)
Churchill: Lessons in Leadership for Young Lawyers
By Joshua D. Jones – February 8, 2018
Winston Churchill led the British people through the darkest times and rallied them to "their finest hour." We’ll briefly look at three lessons from Churchill’s life that lawyers—young and old—may apply to their practice.
Through the Looking Glass: Tips for Business Litigators Handling D&O Claims in Bankruptcy Court
By John Clabby and Joseph W. Swanson
Directors and officers of bankrupt companies are increasingly facing claims for breach of fiduciary duty for their conduct preceding insolvency. This Sound Advice offers tips and guidance for business and securities litigators who finds themselves in the unfamiliar terrain of bankruptcy court, defending or prosecuting D&O claims.
How to Make the Most out of Your Clinic Experience
Professor Scott Eichhorn talks with law students Jean Strickland and Kevin Shea about their experience as interns at the University of Miami School of Law Investor Rights Clinic.
ABA Benefits for Young Lawyers
A discussion of the benefits of ABA membership for young lawyers, including networking opportunities.
Tips for Working with In-House Counsel
Advice for outside counsel working with in-house attorneys.
How to Be Successful in Securities Mediations
Regina Martorana discusses some tips to use during mediations. In addition she reviews how FINRA can help your clients. (13:25 min.)
Two Thoughts on Witness Prep Taken from Aristotle's Nicomachean Ethics
Is it ever acceptable for a witness to become upset on the stand? Joshua Jones explains that it depends on the witness.
Drafting Your ESI Protocols: Dos and Don'ts
Julie Firestone and Heidi Fessler share their experience with ESI protocols and how to make them work for you and your client.
Federal Jurisdiction under the Exchange Act
If there is no federal question, can federal courts still exercise jurisdiction over state securities law claims? Learn about the issues in Merrill Lynch v. Manning.
Strategies for Tackling Trial Ready Regulators
Nicola Paterson discusses the "broken windows" strategy that the SEC currently uses and some of the potential best practices for your clients. (13:29 min.)
The Billable Hour and the Eternal Recurrence: A View on Work/Life “Balance” from a Young Lawyer (Not Me), Nietzsche, and the Ancients
Joshua Jones discusses the Eternal Recurrence and how the idea can help young lawyers to appreciate and take control of their careers.
Dispelling E-Discovery Myths in Internal and Government Investigations
FINRA arbitration cases have many unique rules and regulations. Listen to securities litigators Julie Firestone and Dan Supalla share their experience and knowledge on these special situations.
Considerations When Class Certification Has Been Denied
A defendant who defeats class certification then quickly settles may have won the battle but has lost the war. Learn practical considerations after class certification denial.
Trends and Developments in Mutual Fund Litigation and Asset Management Enforcement
This Roundtable discussion will address trends and developments in mutual fund litigation and asset management enforcement. The panel will include Robert Baker (Assistant Director, Asset Management Unit, SEC Enforcement Division), Robert Skinner (Ropes & Gray), and Andrew W. Robertson (Zwerling, Schachter & Zwerling, LLP), who will provide their respective perspectives as government, defense, and plaintiff attorneys. The panel will be moderated by Luke Cadigan (Cooley).
Discovery in Arbitration: Proportionality and Other Issues Arising in the "More Efficient" Forum
Discovery in arbitration should be efficient. This claim is the hallmark of the process. Our panel will examine whether this goal is being met, how practitioners ensure they have the discovery needed to try their case, and the issue of proportionality as raised in the recent FRCP amendments and guidance from ADR forums.