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Counsel’s notes · Filed under

SEC Enforcement

  • SEC Rule 102(e) Proceedings Against Professionals

    SEC Rule 102(e) proceedings are administrative proceedings under the Securities and Exchange Commission’s Rules of Practice and Procedure. Rule 102(e) is the Commission’s authority to seek professional disciplinary action for incompetence, lack of integrity,…

  • SEC Regulation S-P: Privacy and Data Security Enforcement

    SEC Regulation S-P (17 C.F.R. Part 248) implements the privacy and safeguarding provisions of the Gramm-Leach-Bliley Act (GLBA) as they apply to SEC-regulated financial institutions. The GLBA, for its part, supplies a general confidentiality…

  • SEC Regulation FD Violations and Enforcement

    Regulation FD does not itself define “material nonpublic information.” Materiality is drawn from the judicial standard: information is material if there is a substantial likelihood that a reasonable investor would consider it important in…

  • SEC Parallel Proceedings: Civil and Criminal Investigations

    The term “parallel proceedings” (or “parallel investigations”) refers to the fact that civil investigations of a particular business transaction, an incident, or a specific conduct may also lead to a criminal investigation of the…

  • SEC Neither Admit Nor Deny Settlements Explained

    No, not exactly. It became clear that the SEC rescinded its categorical no-deny policy, when it announced the rescission of Rule 202.5(e) on May 18, 2026, and then issued a press release the same…

  • SEC Investigations of Public Company Disclosures

    SEC public company disclosure investigations can be informal. If necessary, however, they can be conducted pursuant to formal orders issued by the SEC’s Division of Enforcement. The investigation’s target can also vary, and public…

  • SEC Investigations of Proxy Statements

    Proxy statements are among the many public-company disclosures that fall under the SEC’s oversight authority. While the SEC’s enforcement actions are public, and are generally focused on allegations of securities fraud and insider trading,…

  • SEC Investigations of Cryptocurrency and Digital Assets

    An SEC cryptocurrency inquiry could range from a formal SEC investigation to an informal inquiry to help the SEC assess the scope of their enforcement authority over a certain type of product or business…

  • SEC Investigations of Attorneys: When Lawyers Face Scrutiny

    Yes. Attorneys can face personal exposure to SEC enforcement when their conduct, whether on its own or in conjunction with others’ conduct, satisfies the requisite elements for imposing liability under the applicable provision(s) of…

  • SEC Investigation vs. FBI Investigation

    While the SEC and FBI both investigate securities law violations, their scopes and ultimate purposes are very different. The U.S. Securities and Exchange Commission (SEC) is a regulatory body with civil enforcement authority to…

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