The U.S. Supreme Court has specifically included the landmark insider-trading case of U.S. v. Newman on a lengthy list of cases in which the Court denied certiorari (will not hear on appeal). The Court’s refusal to hear the case means that Newman will continue to pose a major, often insurmountable obstacle to the government’s efforts to pursue certain insider-trading cases. Details inside.
Bruce Carton
Final Trial Scorecard for FY 2015: SEC Goes Undefeated in 6 Trials
The SEC went undefeated in its six federal court trials in FY 2015, posting a record of 4-0-2. The SEC conducted far fewer trials than it did in FY 2014, but it was more successful. Check out the complete list of trials and the results in each case here.
How Do Small Groups Produce So Much ‘Anti-Mary Jo White’ Noise?
In the past, it took a lot of dissatisfied people to make a lot of noise. We continue to learn that in the social media era, a very small number of dissatisfied people with the right tools and tactics can generate just as much noise!
The Curious Incident of the ‘Life Coach’ and the Press Release
The SEC loves to craft press release headlines that feature defendants’ interesting or high-profile jobs, but it missed a golden opportunity to do just that in its announcement of an insider trading case last week.
SEC Trial Scorecard Update: Jury Finds for SEC in Insider Trading Case
With just five days remaining in FY 2015, the SEC notched another victory at trial yesterday when a federal jury in Illinois found two men liable for insider trading in the securities of three acquisition targets. The case represented the SEC’s sixth trial verdict in federal court in FY 2015.
Lessons From SEC’s First Cybersecurity Enforcement Action
This week, the SEC fined investment advisory firm R.T. Jones Capital Equities Management for failing to establish required cyber-security policies and procedures, which later led to a breach that compromised the personal data of roughly 100,000 customers. It is the first enforcement action the SEC has brought against a regulated entity for a cyber-security-related violation. Inside, tips for financial firms looking to avoid the same fate.
Coming Soon: ‘The Big Short’ Movie to be Released Dec. 2015
‘The Big Short,’ a film based on the best-selling book by Michael Lewis about traders who foresaw and profited massively on the collapse of the housing and subprime credit market in 2007-08, will open nationwide on December 23. Check out the trailer and details about the film’s star-studded cast here.
Report Highlights Cybersecurity Risks to Accountants
A lot has been written here and elsewhere about the cybersecurity risks to law firms, but a recent report by ACCA USA highlights another, similarly situated profession that has not received as much attention: accountants.
Advocacy Group Rolls Out ‘Dump (Mary Jo) Truck’ on D.C. Streets
What stunts are even left for the next disgruntled advocacy group to pursue? Skywriters? Taking over the television airwaves to deliver a message like the Joker in Batman? Falconers? Stay tuned!
Newman Decision Leads to Rare Loss for SEC in an AP
SEC Administrative Law Judge Jason Patil dismissed an insider-trading case against a former Wells Fargo trader, noting that the SEC failed to prove that the person who allegedly tipped the trader did so for a personal benefit, as required by the Second Circuit’s disruptive opinion in U.S. v. Newman. Patil found that none of the supposed benefits to Bolan that the Commission alleged were sufficient in this case. Details inside.
