Publications
-
01.26.2022Chancery Court Applies Onerous Entire Fairness Standard in First SPAC-Related DecisionUpdatesThe Delaware Chancery Court recently sustained the legal viability of a putative shareholder class action brought against a SPAC’s directors, officers, controlling shareholder, and financial advisor based on an allegedly false and misleading proxy statement.
-
09.2021SPAC Due Diligence & SEC EnforcementArticlesAfter a year of watching and commenting on the recent proliferation in special purpose acquisition company (SPAC) IPOs and mergers, the SEC announced its first major enforcement action in the SPAC arena since the beginning of the explosion in mid-2020.
-
06.28.2021Supreme Court: “Generic Nature” of Misstatements in Securities Action May Help Defendants Defeat Class CertificationUpdatesIn a significant decision on securities class actions, the Supreme Court last week held that the generic nature of alleged misrepresentations will often be “important evidence of a lack of price impact” that can be used by defendants to defeat class certification
-
03.26.2021Goldman Sachs Fights to Level the Playing Field in the Securities Class Action WarsUpdatesThe U.S. Supreme Court will hear oral argument on March 29 on a critical question for securities class action defendants: On a class certification motion, what evidence must a defendant put forward to show that the alleged misrepresentations had no impact on the defendant’s stock price, thus rebutting the Basic presumption of class-wide reliance?
-
06.15.2020Financial Reporting in Times of Economic Crisis: Minimizing Risk in Accounting Judgments and EstimatesArticlesIn the NYU Compliance & Enforcement Blog, the attorneys discuss the difficulties and risks that public companies face when making accounting judgments and estimates in times of economic uncertainty.
-
04.03.2020Accounting Fraud 2.0: Increased Enforcement Activity Based on Non-GAAP MetricsArticles
In the NYU Compliance & Enforcement Blog, the attorneys discuss enforcement efforts by the DOJ and the U.S. Securities and Exchange Commission (SEC) concerning non-GAAP financial metrics.
-
05.07.2019U.S. v. Connolly: “Outsourcing” a Government Investigation—And How to Avoid ItArticlesIn the NYU Compliance & Enforcement Blog, the attorneys discuss the U.S. v. Connolly decision, in which the U.S. District Court for the Southern District of New York found that the government “outsourced” a criminal investigation to a global bank.
-
11.28.2018Justices May Struggle to Agree on Rule 10b-5 ScopeArticles
Law360
As every securities lawyer knows, U.S. Securities and Exchange Commission Rule 10b-5 makes it unlawful to, among other things, “make” a materially false statement in connection with a securities transaction.
Presentations
-
06.13.2023Interactive Director Roundtable Series Steering through the Storm: The Board’s Role in Crisis ManagementSpeaking EngagementsPerkins Coie LLP / Seattle, WA
-
07.13.2022The Ride Continues: Further Unpacking of Regulatory and Enforcement Trends with Cryptocurrency and Digital AssetsSpeaking EngagementsACC NYC 2022 Technology Summit / New York, NY
-
06.11.2022Fraud: Selling Ahead of Availability and Insider TradingSpeaking EngagementsConsensus 2022 Roundtable Sessions / Austin, TXValeska Pederson Hintz, Arthur Greenspan, and Carolyn White, presented "Fraud: Selling Ahead of Availability and Insider Trading" during the Consensus 2022 Roundtable Sessions in the Austin office.
-
03.29.2022Riding the Regulatory Rollercoaster of Cryptocurrency and Digital Assets: Unpacking Regulatory and Enforcement TrendsSpeaking EngagementsPanelist
ACC NYC CLE / New York, NYThe panel will discuss the wide variety of regulatory regimes and agencies with potential jurisdiction over cryptocurrency and digital asset products, including FinCEN, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and banking regulators. -
02.24.2022Selling Ahead of Availability: Lessons Learned on Funding, Transparency, and Corporate Governance From the Theranos Saga and Elizabeth Holmes Criminal ConvictionSpeaking EngagementsPanelist
Texas Life Science Forum / Houston, TXBuilding and funding a life science company in a “move fast and break things” culture brings inherent challenges as the pressure to grow competes with the “do no harm” ethic and legal obligations to investors and customers.
-
07.27.2021Internal Investigations and Corporate Cooperation: Outsourcing & Privilege WaiverSpeaking Engagements
-
03.23.2021The Perils of Public Pronouncements: Accounting and Disclosure During Times of Severe Economic UncertaintySpeaking Engagements