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30 Jan 2024, 9:02 pm by renholding
  A respondent’s denial of liability in a consent agreement does not diminish staff’s extensive investigation or the ability of the Commission to find a reasonable basis to finalize a settlement or to enforce an order that results from settlement negotiations.[20] The FTC’s Consent Order Procedures explicitly allow settlement agreements to “state that the signing thereof is for settlement purposes only and does not constitute an admission by any party that the law has… [read post]
24 Oct 2023, 9:01 pm by renholding
For example, in our off-channel communications sweep, the penalties the Commission has ordered have, as I think all in this room would agree, been high – record penalties, in fact, for books and records violations. [read post]
6 Sep 2023, 9:01 pm by renholding
The CAT has been expensive, far more costly than anyone imagined it would be. [read post]
27 Jun 2023, 9:01 pm by renholding
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
28 Mar 2023, 9:01 pm by renholding
In a statement, Commissioner Hester Peirce objected to the proposed amendments as overly prescriptive. [read post]
13 Feb 2023, 7:28 am by Unknown
Many of the discussion drafts have been introduced in previous Congresses and may not have an obvious route to enactment, but it is at least conceivable that a few of them could eventually garner enough support to be enacted via an appropriations omnibus or other JOBS Act-focused reform package, much as has been the recent practice among lawmakers.Capital formation themes. [read post]
11 Mar 2022, 1:05 pm by Christopher J. Hubbert
In addition, the SEC took the position that the BIAs are notes under the four-part test articulated in Reves v. [read post]
9 Jul 2021, 7:07 am by John Jascob
The rule amendments have been criticized by proxy advisory firms and shareholder advocates, but largely welcomed by public companies. [read post]
27 Apr 2021, 6:09 am by Neil Wilkof
The picture the left is by Darren Hester and is licensed under the Creative Commons Attribution-Share Alike 2.5 Generic license. [read post]