Publications
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04.21.2023Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District CourtUpdatesThe U.S. Supreme Court ruled in two related cases that federal district courts have jurisdiction to hear structural constitutional challenges to the adjudicative authority of the Federal Trade Commission and the U.S. Securities and Exchange Commission, and that litigants need not wait until the appeal of an adverse agency decision in the adjudication to raise such arguments in court.
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08.04.2020Class Action Litigation in the COVID-19 EraUpdatesHundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.
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11.2019 / 12.2019The Delaware Supreme Court’s Blue Bell Creameries Decision: Lessons on Risk Oversight and Independence From Marchand v. BarnhillArticlesIn its June 2019 Marchand v. Barnhill opinion, the Delaware Supreme Court provided guidance for directors (and their advisors) in two key areas—compliance and independence.
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2016The Public Company Handbook: A Corporate Governance and Disclosure Guide for Directors and ExecutivesLawyer Publications
"Securities and Corporate Governance Litigation"
Understanding the many SEC, NYSE, Nasdaq and state law issues that affect their companies can be a bewildering task for public company directors and officers. To help with this is the fifth edition of The Public Company Handbook: A Corporate Governance and Disclosure Guide for Directors and Executives, a "plain English" guide for directors and executives seeking to familiarize themselves with legal matters facing public companies. -
06.21.2013Revlon “Ring-Fencing” Settlement: Greater Risk of SEC Enforcement Activity in Going Private Transactions?UpdatesOn June 13, 2013, the Securities and Exchange Commission announced the settlement of administrative proceedings against Revlon, Inc. In the settlement order, the SEC asserted that the company hid information regarding a 2009 “going private transaction” from its independent board members and minority shareholders in violation of Section 13 of the Securities Exchange Act of 1934 and Rule 13e-3 thereunder.
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07.28.2009Federal District Court in Dallas Dismisses SEC Complaint Attempting to Broaden Insider Trading Liability Under Misappropriation TheoryUpdatesOn July 17, 2009, a federal district court in Texas dismissed an insider trading suit brought by the Securities and Exchange Commission (SEC) against Mark Cuban, the high-profile owner of the NBA's Dallas Mavericks.
Presentations
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05.26.2016Conducting Effective Internal InvestigationsSpeaking EngagementsIn-House CLE / Seattle, WA
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11.05.2015Mergers and Acquisitions in Technology IndustriesSpeaking EngagementsThe Seminar Group
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06.11.2015SEC Hot Topics InstituteSpeaking EngagementsPanel Presentation on SEC and DOJ Enforcement Issues Sponsored by the Society of Corporate Secretaries and Governance Professionals