The issuance of an “NFT” is not inherently a “securities offering,” and it can present numerous potential securities law issues as a whole. With respect to an NFT “investments,” courts focus on the transaction’s…
Multi-Regulator Investigations: SEC, FINRA, and State AGsA single transaction, representation, or omission (or a series of such acts) can trigger a multi-front battle. The same conduct can be the impetus for civil enforcement action…
The SEC is the agency responsible for enforcing the federal securities laws. It brings civil and administrative enforcement proceedings, not criminal cases, against individuals and entities involved in alleged violations of the federal securities…
While not necessarily “parallel,” the SEC and DOJ can both conduct investigations simultaneously. The SEC has procedures for sharing investigative information with the DOJ; and, as a result, testimony provided to the SEC can…
Boards of publicly traded and privately held companies that are under SEC scrutiny can (and should) seek the advice of outside legal counsel regarding the establishment of, and the adherence to, a disciplined response…
Litigating Against the SEC: When to Fight Back Spodek Law Grouplawyers can and often do develop defense strategies for securities investigations at the examination and informal inquiry stage. We also have extensive experience representing…
Unlawful Purchase The concept of “insider trading” is neither expressly defined in the Securities Exchange Act nor by the Supreme Court. Most insider trading liability is essentially a form of Rule 10b-5 fraud liability.…
While a broad term, “investment banker” is a colloquialism rather than a precise legal term. Firms and individuals involved in investment banking can act in various legal capacities, including investment bank, broker-dealer, investment adviser,…
The SEC has enforcement authority under the Investment Advisers Act of 1940. While examinations may not result in enforcement referrals, an investment adviser examination can be the catalyst for the SEC to open an…
The general answer is: it depends. Every whistleblower case is different, and we can help you decide how to approach your case in order to maximize your chances of receiving an award and to…