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Searching Content by Kevin M. Askew ordered by Published Date Descending.
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Ninth Circuit Smells A Rat And Reinstates Claim That Pharmaceutical Company Failed To Disclose Cancers In Animal Testing
The Ninth Circuit recently revived a securities class action against Arena Pharmaceuticals issuing a decision with important guidance to pharmaceutical companies...
United States
17 Nov 2016
2
Supreme Court Weighs Insider Trading: Friends, Family, And Others
The Supreme Court heard oral arguments in US v. Salman, a closely-watched insider trading case in which the Ninth Circuit held that, where the insider had a close personal relationship with the tippee...
United States
18 Oct 2016
3
SDNY Prosecutors Score First Post-Newman Insider Trading Conviction
Robert Stewart did not testify at trial, asserting his Fifth Amendment right against self-incrimination.
United States
26 Aug 2016
4
Equity Trust Notches A Rare Defense Win In SEC Administrative Proceedings
Equity Trust is a custodian of "self-directed individual retirement accounts" ("SDIRAs"), a type of IRA that permits investments in assets other than publicly traded stocks and bonds, such as real estate and promissory notes.
United States
13 Jul 2016
5
Here's A Tip: "Substantial And Important Contributions" To Pre-Existing SEC Investigations Can Pay Off For Whistleblowers
The Commission announced on Friday that it has awarded a whistleblower over $3.5 million for providing information that did not lead to a new investigation, but rather only served to bolster an ongoing investigation.
United States
24 May 2016
6
Full Court Pressure: SEC OIG Finds No Undue Influence By ALJs In Favor Of Government
The Securities and Exchange Commission's Office of the Inspector General ("OIG") recently released findings from its extensive investigation into allegations of potential bias against respondents in SEC administrative proceedings.
United States
3 Mar 2016
7
Chancery Court Continues To Close The Door On Disclosure-Only Settlements And Fees (But Opens A Window For "Mootness Dismissals")
In 2015, the Delaware Court of Chancery issued a number of decisions calling for enhanced scrutiny of "disclosure-only" M&A settlements that involve no monetary benefits to a shareholder class.
United States
12 Feb 2016
8
To Hall(iburton) And Back: Will Third Time Be A Charm As Fifth Circuit Grants Another Appeal In Halliburton?
Given the history of this case, Judge Dennis's view that allowing yet another appeal will provide "added clarity" seems a bit optimistic. In any event, it may be several years before any clarity materializes.
United States
18 Nov 2015
9
SEC Expands Its Focus In The Municipal Bond Market, Bringing First-Ever Charges Against An Underwriter For Pricing Violations Related To Primary Offerings
According to the SEC, Edward Jones regularly underwrote—usually as part of an underwriting "syndicate" or group—and sold municipal bonds to the public through negotiated offerings.
United States
8 Sep 2015
10
District Judge Takes Jab At SEC's Home-Court Advantage In Administrative Proceedings, But Defense Bar May Not Have A Slam Dunk
The defense bar recently won a significant victory in the battle to challenge the SEC's expanded use of administrative proceedings, following the 2010 enactment of the Dodd-Frank Act...
United States
17 Jun 2015
11
Is Your Confidentiality Agreement A Ticking Time Bomb? SEC’s First Action Over Dodd-Frank Whistleblower Protections Targets Company’s Internal Investigations
The action is significant because the SEC was targeting seemingly innocuous language in a confidentiality agreement and there were no allegations that the company, KBR, Inc., was otherwise breaking the law.
United States
20 Apr 2015
12
The Continuing Fall-Out From The Second Circuit’s Insider Trading Decision In Newman
Last week, a New York federal judge struck another blow to prosecutorial efforts to secure insider trading convictions in tipper-tippee cases.
United States
2 Feb 2015
13
How Far Does Section 10(B) Reach? The Second Circuit Says That A Domestic Transaction Is Necessary, But Not Sufficient, To Invoke U.S. Securities Laws
The Second Circuit affirmed the dismissal of claims brought by parties to swap agreements that were entered into in the U.S. but were based on the price of foreign securities.
United States
4 Sep 2014
14
Patience Is A Virtue: District Court Suggests That The SEC "Wait And See" Before Seeking Certain No-Admit, No-Deny Settlements
Judge Victor Marrero approved the SEC’s no-admit, no-deny consent decrees in its insider trading case against CR Intrinsic Investors, LLC and affiliated entities.
United States
3 Jul 2014
15
The SEC Scores Another Admission: Scottrade Acknowledges That It Broke Recordkeeping Rules
Last week, Scottrade Inc. became the latest entity to admit wrongdoing in connection with settling SEC charges.
United States
10 Feb 2014
16
The Cop Is On The Beat: SEC Chair White Says The Agency Aims To Be "Everywhere"
In a recent speech to the Securities Enforcement Forum, SEC Chair Mary Jo White fleshed out the Commission's plan to pursue all violations of federal securities laws, "not just the biggest frauds."
United States
28 Oct 2013
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