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This category contains 7 posts

TRUMP SUPREME COURT PICK, BRETT KAVANAUGH, COULD PLAY ROLE IN RESHAPING MAJOR SECURITIES FRAUD ENFORCEMENT TOOL

By Mark Nebrig and Fielding Huseth.  No one doubts that Judge Brett Kavanaugh, President Trump’s pick for the Supreme Court, would have an impact on the court’s jurisprudence if confirmed.  For financial services and publicly-traded companies, as well as those that support them, one area that should not be overlooked is his potential influence on securities fraud … Continue reading

Task Force on Market Integrity and Consumer Fraud

By John Fagg, Nader Raja, and Kristen Kenley.  On July 11, 2018, pursuant to a Presidential Executive Order, the Department of Justice announced the formation of a new multi-agency task force on Market Integrity and Consumer Fraud that will focus on combating consumer and market fraud.  Deputy Attorney General Rod Rosenstein, who will chair the … Continue reading

Is the Trump Administration Charting a New Course Away from the Duplicative Fines of the Financial Crisis?

By Neil Bloomfield and Kristen Kenley  Double jeopardy prevents criminal defendants from being convicted of the same crime twice.  Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after the financial crisis financial institutions were essentially unprotected from receiving multi-million dollar demands by multiple regulators for the … Continue reading

The Clock is Ticking for Investment Advisers to Self-Report Mutual Fund Share Class Violations

On February 12, 2018, the U.S. Securities and Exchange Commission announced an initiative to address undisclosed conflicts of interest by investment advisers in the context of mutual fund share classes. Dubbed the Share Class Selection Disclosure (“SCSD”) Initiative, the program encourages investment advisers to self-report potential violations by June 12, 2018, in exchange for favorable … Continue reading

SEC Releases Interpretive Guidance on Cybersecurity Risk and Incident Disclosures

On Feb. 22, 2018, the Securities and Exchange Commission (SEC) issued its first interpretive guidance since October 2011 on public companies’ cybersecurity risk and incident disclosure obligations. Although public companies are not subject to an express obligation to disclose data security threats under federal law or SEC regulations, the latest guidance confirms that “companies nonetheless … Continue reading

O’Keefe to Present at 2018 Financial Markets Association Conference

Charlotte Litigation Member Ed O’Keefe will be presenting at the 2018 Financial Markets Association Conference on April 18. His presentation will discuss key legislative and regulatory initiatives affecting financial services companies, the rulemaking agenda for the SEC and the CFTC, and regulatory burden relief initiatives undertaken by the banking agencies to date.

Cain Takes the Reins as Chief of SEC’s FCPA Unit

With the official announcement that Charles Cain will replace Kara Brockmeyer as head of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit, it is more likely that we will see a return to the enforcement trends and outcomes of recent years. Mr. Cain has served as Acting Chief of the FCPA Unit since April 2017, … Continue reading

Welcome to the White Collar Defense, Investigations and Regulatory Advice Blog

As government authorities around the world create a constantly evolving regulatory environment and conduct overlapping investigations, companies are facing perhaps the most challenging environment. Moore & Van Allen has created this blog to help keep our clients up to date in these fast-moving areas and to serve as a thought leader as regulations and enforcement policy continue to develop. Our blog is a combined effort of Moore & Van Allen’s White Collar, Regulatory Defense, and Investigations team and our Financial Regulatory Advice and Response team.

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MVA’s White Collar, Regulatory Defense, and Investigations team services clients in some of the most heavily regulated and scrutinized industries in the U.S. and abroad. This team is made up of former government attorneys as well as private practitioners with decades of experience representing Fortune 100 institutions in international inquires in the United States, European Union, United Kingdom, Singapore, Thailand, Hong Kong, Argentina, Brazil, Chile, Uruguay, and Canada.

Our Financial Regulatory Advice and Response Team combines the experience of former general counsels from some of the largest international financial institutions with that of our seasoned regulatory attorneys to advise clients complex multi-regulator environment on a wide variety of complex regulatory compliance matters, including Comprehensive Capital Analysis and Review (CCAR), Recovery and Resolution Planning, Risk Data Aggregation, the Volcker Rule, consumer finance regulations, and bank secrecy and anti-money laundering regulations. Read More About the MVA Investigations and MVA Financial Regulatory Response Practices. Meet Our Investigations and Financial Regulatory Response Teams.

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