Bingham Discusses the SEC’s Request for Input on a Potential Uniform Fiduciary Standard of Conduct

The Dodd-Frank Act gave the SEC the authority to adopt, but did not require it to adopt, a uniform fiduciary standard of conduct for both broker-dealers and investment advisers when providing personalized investment advice about securities to retail customers. On …

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Editor's Tweet: Bingham Discusses the SEC's Request for Input on a Potential Uniform Fiduciary Standard of Conduct

Dodd-Frank’s Missed Opportunity on Whistleblower Law

One of the highest-profile provisions of the Dodd-Frank Act is Section 922. That provision provides protection and monetary awards for whistleblowers. To qualify, the whistleblower must provide information to the Securities and Exchange Commission that leads to the recovery of …

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Editor's Tweet: Professor Anthony J. Casey of University of Chicago Law School discusses Dodd-Frank’s Missed Opportunity on Whistleblower Law

Skadden Discusses Jumping the Gun: Social Media and IPO Communications Issues

Increasingly, companies are using social media, such as Facebook, Twitter, YouTube and other platforms, to engage with clients, customers, employees, shareholders and other key constituents. Promising a fast and low-cost means of disseminating information, social media also offers the potential …

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Editor's Tweet: Skadden discusses gun jumping issues relating to social media and IPO communications.

Rakoff, Naftalis, and Brodsky Discuss the Gupta Insider Trading Case at Columbia Law School

On February 21, United States District Court Judge Jed S. Rakoff, federal prosecutor Reed Brodsky, and defense attorney Gary Naftalis, came together to discuss the Gupta insider trading case with Columbia Law School students in a seminar called Corporations in …

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Editor's Tweet: Gupta Case: Rakoff, Naftalis, and Brodsky Discuss at Columbia Law School

Should the SEC hire bounty-hunters?

The majority of pundits and market observers have only tuned into the effectiveness of the SEC as financial market regulator since 2008, when the financial system nearly collapsed. So far, criticism has been relatively shallow. But when one of the …

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Editor's Tweet: Is Professor John Coffee suggesting bounty-hunters to improve SEC enforcement? Cate Long of Reuters comments on the ongoing debate.

SEC enforcement: What has gone wrong?

A disturbingly persistent pattern has emerged in U.S. Securities and Exchange Commission enforcement cases that involves three key elements: (1) The commission rarely sues individual defendants at large financial institutions, settling instead with the entity only; (2) when it does …

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Editor's Tweet: Professor John C. Coffee Jr. of Columbia Law School opines on the problem of SEC enforcement. Could the private bar be a solution?