Securities Law Updates

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Lawson et al. v. FMR LLC: Sarbanes-Oxley’s Whistleblower Protection Is Limited to Employees of Publicly Traded Companies

By Josh Lawler and Kevin A. Malcolm of Zuber & Taillieu

In a split decision, the First Circuit recently held that Sarbanes-Oxley’s whistleblower protection is limited to employees of publicly traded companies and thus excludes employees of a publicly traded company’s contractors. In Lawson et al. v. FMR LLC, 670 F.3d 61 (1st Cir. 2012), a case of first impression, the… More...

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SEC Releases Risk Alert on Unauthorized Trading

Strengthening Practices for Preventing and Detecting Unauthorized Trading and Similar Activities  |  SEC No. 2012-33, National Examination Risk Alert – Volume II  |  2/27/2012

The Securities and Exchange Commission has released an alert to help firms prevent and detect unauthorized trading in brokerage and advisory accounts. More...

FTC Closes Eight-Month Investigation of Express Scripts, Inc.'s Proposed Acquisition of Pharmacy Benefits Manager Medco Health Solutions, Inc.

The Proposed Acquisition of Medco Health Solutions, Inc., by Express Scripts, Inc.  |  FTC File No. 111 0210  |  4/2/2012

The Federal Trade Commission has closed its investigation of the proposed acquisition of pharmacy benefits manager Medco Health Solutions, Inc. by Express Scripts, Inc. More...

SEC Establishes New Supervisory Cooperation Arrangements with Foreign Counterparts

Memorandum of Understanding between the U.S. SEC and the ESMA and the U.S. SEC and the CIMA  |  SEC No. 2012-49  |  3/23/2012

The Securities and Exchange Commission has established comprehensive arrangements with the Cayman Islands Monetary Authority (CIMA) and the European Securities and Markets Authority (ESMA) as part of long-term strategy to improve the oversight of regulated entities that operate across national borders. More...

SEC Issues Risk Alert on Strengthening Practices for Underwriting of Municipal Securities, and Investor Bulletin on Municipal Bonds

Strengthening Practices for the Underwriting of Municipal Securities and Investor Bulletin: Municipal Bonds  |  SEC No. 2012-48, National Examination Risk Alert, Volume 2, Issue 3  |  3/19/2012

The Securities and Exchange Commission has issued a Risk Alert on compliance measures to help broker-dealers fulfill their due-diligence duties when underwriting offerings of municipal securities. The agency also issued an Investor Bulletin to help educate investors about municipal bonds. More...

Lockheed Martin Corporation Reaches $15.85 Million Settlement with U.S. to Resolve False Claims Act Allegations

U.S. ex rel. Becker, et al. v. Tools & Metals, Inc., et al.  |  DOJ No. 12-367, Civil Action No. 3:05-CV-0627-L, U.S. District Court for the Northern District of Texas  |  3/23/2012

Lockheed Martin Corporation has agreed to pay $15,850,000 to settle allegations that it mischarged perishable tools used on numerous government contracts, according to the U.S. Department of Justice. More...

KBR Ex-Chairman and CEO, UK Solicitor, Others Sentenced to Prison for Violation of FCPA in Connection with Bribery of Nigerian Officials

USA v. Tesler et al.  |  DOJ No. 12-249, Case No. 4:09cr98, US District Court for the Southern District of Texas  |  2/24/2012

Albert “Jack” Stanley, a former chairman and chief executive officer of Kellogg, Brown & Root Inc. (KBR), has been sentenced to 30 months in prison for conspiring to violate the Foreign Corrupt Practices Act (FCPA) by participating in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts and for conspiring to commit mail and wire fraud as part of a separate kickback scheme, the Justice Department’s Criminal Division today announced. More...

Latvian Trader, 12 Others, Charged for Securities Market Abuses

In the Matter of Alchemy Ventures, Inc., et al.; SEC v. Igors Nagaicevs  |  SEC No. 2012-17, Release No. 66249; Case No. CV 12-0413, U.S. District Court for the Northern District of California  |  1/26/2012

The Securities and Exchange Commission has charged a trader in Latvia for conducting a widespread online account intrusion scheme in which he manipulated the prices of more than 100 NYSE and Nasdaq securities and caused more than $2 million in harm to customers of U.S. brokerage firms. More...

SEC Charges Former Executives and Accountants with Fraud at British Subsidiary of Medical Devices Company

In the Matter of Symmetry Medical, Inc., et al.  |  Litigation Release No. 22241, Release No. 66268, Release No. 66269, SEC No. 2012-21  |  1/30/2012

The Securities and Exchange Commission has charged four former senior executives and accountants at the British subsidiary of an Indiana-based manufacturer of medical devices and aerospace products for their roles in an accounting fraud that was so pervasive that it distorted the financial statements of the parent company. More...

Ponzi Scheme Targeting Persian-Jewish Community in Los Angeles Shut Down

SEC v. Shervin Neman, et al.  |  SEC No. 2012-64, Case 2:12-cv-03142-JHN-PLA, U.S. District Court for the Central District of California, April 13, 2012  |  4/13/2012

The Securities and Exchange Commission today obtained an emergency court order to halt an ongoing Ponzi scheme that targeted members of the Persian-Jewish community in Los Angeles. More...

Two Former Canopy Financial Co-Founders Sentenced to 15 and 13 Years in Prison for $75 Million Investment Crime

USA v. Blackburn, et al.  |  Case No. 1:09cr976, US District Court for the Northern District of Illinois  |  2/15/2012

Two co-founders of Canopy Financial, Inc., a bankrupt health care transaction software company based in Chicago, Illinois, have been sentenced to 15 and 13 years in prison for defrauding investors and clients of more than $93 million. More...

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Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Citicorp USA, Inc.

Banc of America Securities LLC

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

Calyon Securities (USA), Inc. f.k.a. Credit Lyonnais Securities (USA) Inc.

Salomon Smith Barney, Inc.

Calyon New York Branch (successor by operation of law to Credit Lyonnais New York Branch)

Dynex Capital Inc.

Citigroup, Inc.

JPMorgan Chase & Co.

JPMorgan Securities Inc.

Merit Securities Corp.

Scotia Capital (USA), Inc.,

Teamsters Local 445 Freight Division Pension Fund

Aetna, Inc.

Cowen & Co., LLC f.k.a. SG Cowen Securities Corp.

Societe Generale

SunTrust Bank

TD Securities (USA), Inc.

BMO Nesbitt Burns Corp. n.k.a. Harris Nesbitt Burns Corp.

Buchanan Ingersoll & Rooney Professional Corporation

Consolidated Leasing Hugoton Joint Venture #2

W. R. Huff Asset Management Co., LLC

Consolidated Leasing Anadarko Joint Venture

ABN AMRO Bank N.V.

Guardian Capital Management

Free Enterprise Fund

Banc of America, N.A.

Vesta Insurance Group, Inc.

Beckstead and Watts, LLP

Barclays Bank PLC

Torchmark Corp.

Public Company Accounting Oversight Board

BNY Capital Markets, Inc.

KPMG Peat Marwick, LLP

Deloitte & Touche LLP

Credit Lyonnais Securities (USA) Inc.

Florida State Board of Administration

Credit Suisse Securities (USA) LLC

Deutsche Bank AG

The Cleaners & Caulkers Local 1 Pension Fund

Credit Suisse, New York Branch

Additional Resources

Securities Law