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Securities Litigation and Enforcement Channel

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  • The Securities Class Action Landscape:A Look Back at 2018 & What’s Ahead in 2019
    The Securities Class Action Landscape:A Look Back at 2018 & What’s Ahead in 2019
    Jeff Lubitz, Stefan Boettrich Recorded: Feb 21 2019 49 mins
    2018 was a watershed year in the securities litigation marketplace. In addition to the record number of newly-filed cases, there was significant growth in the dollar value of settlements, both in the U.S. and across the world. During calendar year 2018, 441 new cases were filed in U.S. federal courts, plus dozens more in state courts and in countries such as Australia, Canada, Denmark, Germany, Netherlands, and the United Kingdom. The value of settlements included significant sums in the U.S., including Petrobras ($3 billion) and Wells Fargo ($480 million), plus more than a dozen non-U.S. settlements led by Ageas (f/k/a Fortis - €1.3 billion).

    As we enter the new year, 2019 will likely see similarly robust activity. Already, dozens of newly filed cases are in the court system and the amount of pending litigation is substantial, with a total of more than $1 trillion in Investor Losses (NERA’s measure of case size). Additionally, a few noteworthy settlements were finalized in early 2019, including Wal-Mart ($160 million) and Cobalt International ($146 million).

    This webinar will be valuable to all financial and legal professionals practicing in this area. Attendees will benefit from ISS and NERA's timely insights into the complex and rapidly-growing securities litigation environment.

    Hosting the event will be ISS Securities Class Action Services and NERA Economic Consulting. Speakers will include Jeff Lubitz, Executive Director at ISS, and Stefan Boettrich, Senior Consultant at NERA. Attendees will gain additional insight as Mr. Lubitz will discuss ISS Securities Class Action Services’ latest report, “The Top 100 U.S. Class Action Settlements of All-Time,” while Mr. Boettrich will highlight data from NERA’s “Recent Trends in Securities Class Action Litigation: 2018 Full-Year Review.”
  • Navigating the Minefield of Dodd-Frank’s Whistleblower Provisions (2018 Update)
    Navigating the Minefield of Dodd-Frank’s Whistleblower Provisions (2018 Update)
    F. Joseph Warin, John W.F. Chesley, Sean X. McKessy, Jim Barratt Recorded: Jan 16 2019 97 mins
    2018 was a record-breaking year for the SEC’s Office of the Whistleblower. The Office announced the largest whistleblower award, received the highest number of whistleblower tips, and awarded more dollars in 2018 than in all prior years combined.

    Meanwhile, in Digital Realty Trust v. Somers, the Supreme Court limited the definition of “whistleblower” under Dodd-Frank to a person who has reported a suspected securities violation to the SEC. In response, the SEC has proposed amendments to Rule 21F-2, along with other proposed changes to the claim review process and the award determination process. These trends and changes provide the perfect storm for keeping in-house counsel and compliance professionals up at night.

    Securities Docket is pleased to present its seventh annual webcast on Dodd-Frank’s whistleblower provisions. This year’s panelists once again include leading practitioners in all aspects of Dodd-Frank whistleblower litigation and investigations, including F. Joseph Warin and John W.F. Chesley of Gibson Dunn, former SEC Office of the Whistleblower Chief Sean X. McKessy of Phillips & Cohen, and Jim Barratt of Ankura Consulting. This free 90-minute webcast will include a dynamic and participatory discussion on the statutory and regulatory framework of Dodd-Frank’s whistleblower provisions, their interpretation by the SEC Office of the Whistleblower and federal courts, and provide participants with practical tips for navigating the minefield of whistleblower complaints.
  • What Should Crypto Funds Expect From The SEC Going Forward?
    What Should Crypto Funds Expect From The SEC Going Forward?
    Boris Richard (FTI Consulting), Jeff Bandman (Bandman Advisors), Ivana Rouse (Akin Gump), Peter Altman (Akin Gump) Recorded: Dec 3 2018 65 mins
    This webinar will examine the regulatory and enforcement landscape facing crypto-asset investment managers amidst surging ICO and STO issuance and a sharply increased scrutiny by the SEC of crypto issuers and their token offerings, as well as broker-dealers and digital asset managers.

    Our expert panel will address regulatory and compliance issues that crypto funds often encounter, including SEC registration, requirements for qualified custody, valuation of crypto assets for reporting purposes, and fiduciary due diligence best practices.

    The panel will also provide guidance on recent SEC enforcement actions against crypto asset managers and discuss expectations of the future SEC stance with respect to crypto funds. 

    The Webinar will cover key issues including:

    -- Does the Investment Advisers Act of 1940 apply to crypto funds, including SEC registration obligations and compliance with the Custody Rule?

    -- What is the current state of digital asset custody and what are the future developments in the qualified institutional custody solutions for cryptocurrencies?

    -- How should the manager of a crypto fund value its assets, including for the purposes of handling redemptions?

    -- What are the current independent third party valuation advisor approaches for valuing digital tokens?

    -- How can the manager of a crypto fund satisfy its fiduciary obligations with respect to diligence of digital assets and counterparties involved?

    -- Based on the recent empirical evidence with regard to ICOs and the performance of exchange-traded digital tokens, what are the key due diligence parameters that a crypto fund manager should assess?

    -- How is the SEC stance on cryptocurrencies in general and crypto asset managers in particular evolving? and

    --What recent SEC enforcement actions with respect to crypto asset managers have we seen and what approach in the future is the SEC likely to take towards crypto funds in terms of examination and enforcement?
  • Corporate Board Oversight of Cybersecurity:  A Blueprint for Success
    Corporate Board Oversight of Cybersecurity: A Blueprint for Success
    John Reed Stark, David R. Fontaine Recorded: Oct 17 2018 67 mins
    The Gist:

    What cyber-related actions should corporate boards be undertaking and more importantly, what should corporate secretaries, general counsels, outside lawyers and other corporate advisors be telling their corporate board clients regarding cyber? This webcast offers, for the first time, a realistic, concrete, pragmatic, detailed, sensible and effective vision for corporate board behavior, designed to tackle head-on the mounting and potentially devastating risks that flow from cyber-attacks and other data security incidents.

    Some More Specifics:

    With cyber-incidents capturing headlines around the world with increasing frequency, businesses and regulators have come to recognize that cyber-incidents are not a passing trend, but rather in our digitally connected economy, an embedded risk that is here to stay.

    Our panel will address issues including how cybersecurity risk has clearly elevated itself to the top of corporate agendas; the implications of the SEC’s 2018 Statement on Cybersecurity Interpretive Guidance as it relates to the duties and responsibilities of corporate boards and corporate officers; why corporate directors must now must consider themselves “on notice” when it comes to cybersecurity; and why corporate boards must now take tangible steps to translate their high-level concerns around cybersecurity risks into specific behaviors and precise actions that are identifiable, capable of being readily implemented and heavily documented.

    Please join John Reed Stark, former Chief of the SEC’s Office of Internet Enforcement, now President of John Reed Stark Consulting LLC and David R. Fontaine, former CEO of Kroll, now Senior Advisor to Duff and Phelps (following Kroll’s acquisition by Duff and Phelps), for this timely and relevant webcast.
  • Financial Statements 101: Emerging Trends and Accounting Principles for Lawyers
    Financial Statements 101: Emerging Trends and Accounting Principles for Lawyers
    Jeff Litvak, Jason Tolmaire Recorded: Jun 29 2018 96 mins
    This webcast will cover issues that lawyers often encounter in commercial litigation with reviewing and understanding financial statements. Our panel of accounting experts will cover fundamental accounting concepts and components that are the basis of the financial statement reporting- the statement of financial position (balance sheet), the statement of profit and loss (income statement) and the cash flow statement.

    Our panel will also show how to derive meaningful conclusions about the performance of a business through financial ratio analysis and trend analysis.

    In addition to understanding and analyzing financial statements, the webcast will highlight recent changes in generally accepted accounting principles that will affect the presentation of information contained in the financial statements.

    Please join Jeff Litvak, CPA/ABV/CFF, ASA and Jason Tolmaire, CPA/ABV, both of FTI Consulting’s Forensic & Litigation segment, as they address these issues as well as your questions.
  • The Bribery Act, Chapter 7: The Americanisation of UK Corporate Crime
    The Bribery Act, Chapter 7: The Americanisation of UK Corporate Crime
    Vivian Robinson QC, Barry Vitou, Richard Kovalevsky QC, Julian Glass Recorded: Jun 28 2018 62 mins
    The Americanisation of the SFO!

    7 years after the entry into force of the Bribery Act, this webcast will look at how far the UK has come. Our panel of expert UK attorneys and consultants will look back over the last 12 months and forecast where we see developments in the year to come.

    Our panel will cover key issues including:

    --What next with new Director Lisa Osofsky?

    --DPA’s, and what next?

    --House of Lords review into the Bribery Act – what are they looking at and will anything change?

    --Privilege: With the ENRC appeal about to be heard and a couple of new cases in the last 6 months, what is the position right now? Are witness notes protected, or not?

    --And much more!

    Please join Barry Vitou, Shareholder and Head of London White Collar Defence and Special Investigations, Greenberg Traurig; Julian Glass, Senior Managing Director, Forensic & Litigation Consulting, FTI Consulting; Vivian Robinson, Partner, McGuire Woods; and Richard Kovalevsky QC - 2 Bedford Row for this free webcast in which we'll address these issues and your questions.
  • The Death Knell for ICOs and Crypto Exchanges?
    The Death Knell for ICOs and Crypto Exchanges?
    John Reed Stark, David Fontaine Recorded: May 30 2018 66 mins
    The crypto-financing landscape, still barely in its infancy, is caught up in the perfect storm. Initial coin offerings (ICOs), a term meant to describe the offer and sale of digital assets issued and distributed on a blockchain, as well as crypto-trading platforms, where ICO tokens and coins trade like common stock, are under greater scrutiny than ever before – and with good reason.

    •Congress has held hearings about crypto-related frauds, expressing grave concerns and demanding regulatory and law enforcement action ASAP;

    •The U.S. Securities and Exchange Commission (SEC) is on a crypto-enforcement rampage filing new cases every week and remains poised to bring many, many more;

    •The U.S. Department of Justice is arresting crypto-related lawbreakers, locking up crypto-promotors and affiliates for a variety of felonious conduct;

    •Several U.S. States have initiated crypto-related round-ups and prosecutions, including the New York State Attorney General, who has issued a comprehensive and sweeping first round of inquiry to a broad range of crypto-trading platforms;

    •The U.S. Treasury Department and the Financial Crimes Enforcement Network (FinCEN) have begun a slew of regulatory and enforcement actions pertaining to the litany of anti-money laundering (AML) responsibilities and requirements of crypto-related businesses; and

    •The Internal Revenue Service has announced its intention to make sure all crypto-associated taxable events are fully paid and properly recorded.

    This webcast explores, in plain English, the various U.S. statutes, rules and regulations which apply to the crypto-marketplace – and how the application of both old and new laws should ultimately shut down all ICOs and crypto-trading platforms involving U.S. investors. Discussion during this one-hour session will focus primarily on the extensive catalogue of applicable SEC and AML regulations.
  • Securities Regulation of Digital Assets
    Securities Regulation of Digital Assets
    Alma Angotti, Gino Soave, Martine Beamon and Jai Massari Recorded: Apr 26 2018 57 mins
    As a follow-up to our April 4th, 2018 webinar ("Anti-Money Laundering Regulation of Digital Assets"), Alma Angotti, Managing Director and Global Investigations & Compliance Practice Co-Leader and Gino Soave, Director at Navigant; and Martine Beamon and Jai Massari, Partners at Davis Polk & Wardwell LLP will examine the impact of the federal securities laws on digital assets.

    Topics to be covered include:

    -- The SEC’s jurisdiction over digital assets and activities involving digital assets
    -- The recent focus on the role of intermediaries and gatekeepers in digital asset markets
    -- The state of play of enforcement involving digital assets and how the SEC’s approach can guide development of an effective compliance program
  • The First 48 Hours: Incident Response Strategies Following a Cyber Incident
    The First 48 Hours: Incident Response Strategies Following a Cyber Incident
    Luke Tenery, Ted Theisen, Christopher Todd Doss, Daron M. Hartvigsen Recorded: Apr 24 2018 53 mins
    This webcast analyzes the first 48 hours following a cybersecurity incident, and lays out incident response strategies that facilitate critical decision making and enable victim companies to rapidly recover.

    Having evolved significantly over the past several years, cyber incident response has moved beyond just quantifying the data exposure and hunting for end-point threats. New techniques such as user behaviour analytics and cloud identity management are two examples of game changers in modern incident response. Traditional hard drive forensics were historically the primary source of evidence during a cyber investigation and are now just one component of the effort where broader crisis management, threat pursuit, and information assurances take on prominent roles in the response.

    Join Ankura’s senior cybersecurity experts as they share their respective decades of experience in leading organizations through some of the most complex incident response engagements. Learn valuable insights into new approaches in IR that are imperative in today’s initial response in the First 48 hours of a significant cybersecurity incident.

    What you’ll learn:

    --What are the primary risks and efforts that the most elite incident responders are concerned about in the First 48 hours of a significant security incident?
    --What are the key questions inside and outside counsel are asking cybersecurity experts in the First 48 hours of a significant security incident?
    --What are some of the new and emergent approaches to cyber IR to better providing better assurances to the victim organization?
    --Where are some organizations missing opportunities for greater assurances during the response in the First 48?
  • The Fate of ALJs and Other Critical Issues Presented in Lucia v. SEC
    The Fate of ALJs and Other Critical Issues Presented in Lucia v. SEC
    Britt Whitesell Biles, Meryl D. Grenadier Recorded: Apr 10 2018 68 mins
    This seminar will analyze Lucia v. Securities and Exchange Commission, in which the Supreme Court will address the constitutionality of the Securities and Exchange Commission’s (“SEC”) Administrative Law Judges. Oral argument in this case is set for April 23, 2018. Among other items, this session will cover:

    · An overview of the SEC administrative process, including the genesis of the constitutional challenges to the forum and the changes that the SEC made to its Rules of Practice in response to those constitutional challenges;
    · A review of the key Appointments Clause jurisprudence leading up to Lucia;
    · An analysis of the potential outcomes of Lucia; and
    · A practical discussion of the potential impact of Lucia on SEC administrative proceedings, whether pending or already adjudicated.

    Please join Britt Whitesell Biles and Meryl D. Grenadier from Stein Mitchell Cipollone Beato & Missner LLP as they discuss this important Supreme Court case and its potential impact on SEC administrative proceedings. Ms. Biles recently joined Stein Mitchell from the SEC, where she served as Assistant Chief Litigation Counsel in the Division of Enforcement. At the SEC, Ms. Biles investigated and litigated securities enforcement actions, including administrative proceedings. In 2017, Ms. Biles received the SEC Chairman’s Award for Excellence for leading the litigation in the SEC’s groundbreaking law firm hacking case in which Chinese nationals were charged with securities fraud for trading on the basis of material nonpublic information that was stolen from law firms when their networks were hacked.

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