Posted inRegulatory Enforcement

Appellate Courts Tee Up Challenges to SEC In-House Proceedings

The issue of whether federal district courts have subject matter jurisdiction over challenges to the constitutionality of SEC administrative proceedings remains unsettled. Although the 7th Circuit found in favor of the SEC on this issue in August 2015, the controversial issue will soon be considered by both the 11th Circuit and 2nd Circuit. Bruce Carton has more inside.

Posted inRegulatory Enforcement

Aguilar to Depart SEC by End of December 2015

Image: SEC Commissioner Luis Aguilar intends to step down  at the end of December. In a letter to the president, Aguilar expressed pride in sponsoring the first Investor Advisory Committee, which was later mandated by Section 911 of Dodd-Frank. Aguilar will leave the SEC as the eighth longest-serving commissioner out of the 94 commissioners in its history. More inside.

Posted inRegulatory Enforcement

Drop in 2015 DOJ FCPA Settlements — ‘Sea Change’ or Meaningless?

So far in 2015, the Justice Department has settled just two corporate Foreign Corrupt Practices Act cases—notably lower than the 10 in 2014, nine in 2013, and 11 in 2012. According to the Wall Street Journal, the decline is due to a “sea change” in the Justice Department’s foreign corruption enforcement with its policy shift toward targeting the “worst offenders.” A DoJ spokesman told the WSJ that, despite the decline, the Department’s “commitment to FCPA enforcement is stronger than ever.” Is it? CW’s Bruce Carton explores further inside.

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