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  • John C. Coffee, Jr. – Boeing and the Future of Deferred Prosecution Agreements By John C. Coffee, Jr.
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insider trading

Proskauer Rose Discusses SEC Insider Trading Investigations

By Joshua M Newville and Julia M Ansanelli June 8, 2017 by renholding

The SEC has continued to pursue a number of insider trading cases this year, both large-scale and small.  Some of those matters involved trades that yielded relatively small amounts of profits: $40,000-$60,000.  Why does the enforcement division spend resources on …

Insider Tips as Gifts: Re-examining Newman After Salman

By Daniel N. Sang May 3, 2017 by renholding

Three pending cases – United States v. Martoma, and the habeas corpus cases Gupta v. United States and Whitman v. United States[1] – will allow the U.S. Court of Appeals for the Second Circuit to examine United States …

Insiders’ Investment Horizons Matter in Interpreting Their Trades

By Ferhat Akbas, Chao Jiang and Paul D. Koch May 2, 2017 by renholding

Executives, directors and other corporate insiders have privileged access to material non-public information. Previous research shows that trades by insiders are informed, on average. For example, insider purchases tend to precede positive stock returns. In addition, like other investors, corporate …

Insider Trading, Delaware Courts and SEC Regulation Get Lively Airing at M&A and Corporate Governance Conference

By Reynolds Holding April 25, 2017 by renholding

Insider trading law may be headed for even more disruption, as federal and state watchdogs press broad theories that include hacking and so-called Insider Trading 2.0, the early release of information for a fee, a panel of legal experts said …

Making a Market for Corporate Disclosure

By Kevin S. Haeberle and M. Todd Henderson March 7, 2017 by renholding

Mandatory disclosure sits at the foundation of modern securities regulation. Public companies must produce and share a wide variety of information about their condition and prospects, and they must do so on their own dime.

There can be little doubt …

Legal Insider Trading Profits Often Amount to Peanuts

By Peter Cziraki and Jasmin Gider February 14, 2017 by renholding

How much do corporate insiders make on their trades? It has long been shown that insiders realize significant positive abnormal returns on their transactions, in percentage terms. Surprisingly, however, there has been little research examining insiders’ dollar profits, even …

When Does Corporate Criminal Liability for Insider Trading Make Sense?

By John P. Anderson January 24, 2017 by renholding

Corporations are subject to broad criminal liability for the insider trading of their employees.  Critics have noted that this results in a harsh irony.  “After all,” as Professor Jonathan Macey notes, “it is generally the employer who is harmed by …

Salman Insider-Trading Case a Hollow Win for Prosecutors

By Michael Guttentag December 14, 2016 by renholding

The dominant narrative about Salman v. United States, the first insider trading case decided by the U.S. Supreme Court in almost 20 years, is that it was a big win for federal prosecutors. That is only part of the story.…

SEC Chair White Offers a New Model for Enforcement

By Mary Jo White November 21, 2016 by renholding

Good morning and thank you, Dean (Trevor) Morrison (of New York University Law School) for that very kind introduction. It is a pleasure to be here today and I want to thank the NYU Program on Corporate Compliance and Enforcement

…

SEC Announces Chair Mary Jo White’s Departure Plans

By Securities and Exchange Commission November 15, 2016 by renholding

Securities and Exchange Commission Chair Mary Jo White, after nearly four years as the agency’s head, today announced that she intends to leave at the end of the Obama Administration.  Under Chair White’s leadership, the Commission strengthened protections for investors …

What Is a Personal Benefit for a Tipping Violation?

By Andrew Vollmer November 11, 2016 by renholding

The financial services industry is watching the Supreme Court closely in anticipation of a decision in Salman v. United States,[1] which will be the Court’s first insider trading case since United States v. O’Hagan in 1997.[2]  Salman…

SEC Announces Enforcement Results for 2016

By Securities and Exchange Commission October 13, 2016 by renholding

The Securities and Exchange Commission announced on October 11 that, in fiscal year 2016, it filed 868 enforcement actions exposing financial reporting-related misconduct by companies and their executives and misconduct by registrants and gatekeepers, as the agency continued to enhance …

After Salman, Whither Outsiders and Facebook Friends in Insider Trading?

By Donna M. Nagy October 12, 2016 by renholding

Oral argument in the insider trading case, Salman v. United States, prompted dozens of questions related to the key issue before the U.S Supreme Court: whether an investment banker personally benefitted directly or indirectly when he disclosed to his brother …

Supreme Court Hears Salman Insider Trading Case

By Reynolds Holding October 5, 2016 by renholding

The U.S. Supreme Court heard oral arguments today — transcript here —  in U.S. v. Salman, the first insider trading case to land before the justices in almost 20 years. The issue:  What counts as the “personal benefit” to the …

Insider Trading: Time for Supreme Court to Ditch Personal Benefit Test

By Michael Guttentag October 3, 2016 by renholding

The U.S. Supreme Court has a number of options when it considers its first insider trading case in almost 20 years.  The case is Salman v. United States, and oral argument will be held on October 5.  The facts …

Are Activist Investors Good for Targeted Companies?

By Edward Swanson and Glenn Young September 22, 2016 by renholding

In recent years, activist investors and the companies they target have attracted considerable attention—in the press, in the business and legal communities, in the political arena, and in academia. The fundamental question under debate is whether activist interventions create or …

Insider Trading Penalties: An International Study

By Lev Bromberg, George Gilligan and Ian Ramsay August 19, 2016 by renholding

Insider trading is a serious form of misconduct and can result in defendants receiving lengthy prison sentences and significant monetary sanctions.  Our working paper, ‘Sanctions Imposed for Insider Trading in Australia, Canada (Ontario), Hong Kong, Singapore, New Zealand, the …

PwC discusses the SEC’s Reporting and Public Dissemination Rule: Five Key Points

By Dan Ryan, Mike Alix, Adam Gilbert and Armen Meyer August 5, 2016 by renholding

On July 13, the Securities and Exchange Commission (SEC) adopted a final rule related to the reporting and public dissemination of security-based swap (SBS) transaction information. The rule builds on an earlier reporting rule for security-based swap dealers (SBSDs) finalized …

Shearman & Sterling’s 2016 Mid-Year Review of Securities Enforcement

By Claudius Sokenu, Mark Lanpher, Jeff Hoschander, Mallory Brennan and Brian Calandra July 29, 2016 by renholding

Executive Summary[1]

The Securities and Exchange Commission (SEC or Commission) brought over 400 enforcement actions in the first half of fiscal year (FY) 2016, and is on pace to surpass its record of 807 enforcement actions in a single …

Did Regulation FD Prevent Selective Disclosure?

By John L. Campbell, Brady J. Twedt and Benjamin C. Whipple July 18, 2016 by renholding

The Securities and Exchange Commission proposed Regulation Fair Disclosure (Reg FD) on December 20, 1999. The motivation behind the proposal was concern that an informational advantage provided by selective disclosures to certain market participants was resulting in a loss of …

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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SEC 2025 Enforcement in Retrospect
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SEC Sets Shareholder Proposal Demise
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Securities Suit Defense Faces Trouble
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SEC Chair Eyes Shareholder Proposals
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Reuters
SEC Eases IPO Path in Shutdown
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Update on Moves to Texas, Nevada
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Ford Also Backs Off EV Tax Credit Plan
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New York AG Indicted for Bank Fraud
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Ponzi Charges Crash YouTube Empire
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FirstBrands Fail Blind Sides Wall Street
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Sidley Enhanced Scrutiny
PSLRA Confusing Section 11 Litigants
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Is Claude the Next Napster?
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Law.com
SEC Facing Backlogs After Furloughs
October 8, 2025
Bloomberg
Fears of Trillion-Dollar AI Bubble Grow
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Tesla’s “Affordable” Models Are Not
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Megabanks Drive Regionals to Merge
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Cooley M&A
Shutdown Stalls Antitrust Enforcers
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NYSE Parent to Buy Stake in Prediction Market Operator Polymarket
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U.S. to Take 10% of Alaska Mining Firm
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Wall Street Journal
OpenAI, AMD Ink Massive Chip Deal
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How a Retail Voting Program Works
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Freshfields' A Fresh Take
FTC Challenges Zillow-Redfin Deal
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Chancery Lets Fiduciary Duty Claims Proceed in Microsoft-Activision Deal
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Bitcoin Crosses Fresh Record High
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Wall Street Journal
Startups Eating Big Food’s Lunch
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Reuters
Trump Eyes Greenland Rare-Earth Firm
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D&O Diary
Delaware Chancery M&A Suit Settlements Rise in Number and Value
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Business Law Prof Blog
Second Circuit Securities Decision May Suggest PSLRA Went Too Far
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Delaware Business Litigation Report
Delaware Supreme Court Reverses Chancery Dismissal of Rule 60(b) Claim
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Freshfields' A Fresh Take
How EU, California AI Acts Overlap
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Securities and Exchange Commission
Prophecy Asset Mgmnt Sued for Fraud
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Reuters
Judge Nixes NFT Artist Suit Against SEC
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Reuters
Judge Keeps SEC Twitter Suit in DC
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Automakers Extend $7,500 EV Discount
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October 1, 2025
Bloomberg
Pfizer Gets Three-Year Tariff Reprieve
September 30, 2025
Wall Street Journal
Boeing Starts on 737 MAX Replacement
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Reuters
AstraZeneca’s U.S. Listing May Pull Other Companies from London
September 30, 2025
D&O Diary
Bankruptcy Statistics Prompt Worry
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Bloomberg
Atkins Touts SEC-CFTC Crypto Work
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Bloomberg
Google Settles Trump Suit for $24.5 Mln
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Dealbook
EA’s $55 Bln Buyout Is Biggest Ever
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The Governance Beat
Texas Probes ISS, Glass Lewis on ESG
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Financial Times
Let Market Set Reporting Frequency
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Bloomberg
EA Buyout Talk Highlights Gaming Fall
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Reuters
Boeing Settles Wrongful-Death Suit
September 28, 2025
Wall Street Journal
Regulators Scrutinize Unusual Trading Ahead of Crypto-Treasury Deals
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Nevada Forms Biz Court Commission
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Trump Order Puts TikTok at $14 Billion
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Autos Flash US Economy Warning Sign
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To Arbitrate or Not? Firms Can Choose
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Dealbook
Germany Woos Indian Workers US Scared
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Freshfields' A Fresh Take
SEC Case Tests Private Fund Managers
September 25, 2025
MSNBC
Comey Indictment Expected Soon
September 24, 2025
Bloomberg
Intel Seeks Investment From Apple
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Trial Lawyers Breaking Up With Big Law
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ExxonMobil Files Solicitation Materials for Retail Opt-In Voting Program
September 24, 2025
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SEC: Online RadioShack a Ponzi Scheme
September 24, 2025
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Sinclair, Nexstar Won’t Air Kimmel
September 23, 2025
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Chancery Partially Vacates Expert’s Findings in Acquisition Price Dispute
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Dealbook
New Meta PAC Aims to Boost AI
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Bloomberg
No Quarterly Reports Portends Shakeup
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SEC Chief Seeks Crypto Rule Exemption
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IPOs Revive, Private Market Still Soars
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Reuters
Nvidia to Put Up to $100 Bln in OpenAI
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Treasury Boss Hints at Argentina Rescue
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New York Times
H-1B Visa Tiff Roils Firms, Geopolitics
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Killing Quarterly Reports Is a Bad Idea
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SEC Drops Allen Stanford-Related Case
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Delaware Corporate & Commercial Litigation Blog
Chancery: Personal CEO Data Irrelevant
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How Big Beautiful Bill Affects M&A
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Business Law Prof Blog
Texas Puts Culture Over Governance
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