Attention:
Card image cap

Insider Trading Trends - Key Cases and Enforcement Priorities


Level: Intermediate
Runtime: 45 minutes
Recorded Date: May 23, 2023
Click here to share this program
Printer-Friendly Version

Agenda

  • Division of Enforcement: Priorities
  • Rule 10b5-1 Plan Amendments
  • Insider Trading Trends and Challenges
  • Wygovsky Case
  • Off-Channel Communications
  • Insider Trading Takeaways
  • Clark Case
  • Cryptocurrency in Insider Trading

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In this panel from the annual “Securities Enforcement Forum West” event, securities law experts and SEC officials discuss how insider trading enforcement is evolving, focusing on data analytics and communication channels. New restrictions and certifications for directors, officers, and employees aim to prevent insider trading, while recent court decisions have impacted enforcement and prosecution strategies. Off-channel communications, such as the use of Telegram, are emerging as crucial aspects in insider trading cases, raising compliance issues and challenges in setting up effective information barriers.

Despite these challenges, firms must actively prevent insider trading and enforce information barriers, even though avoiding misuse of information by employees can be difficult. Enforcement officials emphasize the importance of a strong defense in insider trading cases, while the SEC and DOJ engage in a legal battle over whether certain tokens are securities, particularly focusing on regulation by enforcement in the crypto industry.

Provided By

Card image cap Securities Docket
Card image cap

Panelists

Card image cap

David Willingham

Partner
King & Spalding LLP

David Willingham focuses on white-collar criminal defense and complex litigation matters. He has represented numerous individuals and entities facing governmental investigations and other complex litigation issues in both state and federal courts around the country. David has deep experience in dealing with high-profile cases, having prosecuted and defended many matters of public interest, including those involving health care fraud, financial fraud and money laundering charges. He has handled numerous parallel investigations with the SEC and other regulatory bodies, as well as numerous successful appeals before the Ninth Circuit Court of Appeals.

Prior to entering private practice, David was the Deputy Chief of the Major Frauds Section of the United States Attorney’s Office in the Central District of California. In that capacity, he spent two years supervising the subsection responsible for all health-care-fraud-related prosecutions within the district.

David has been designated as a leader by Chambers USA, Martindale-Hubbell, and other publications. Five times, from 2016-2019 and 2021, David was honored as one of California’s Top 100 Lawyers by the state’s leading legal publication. David is also a nationally recognized speaker, often speaking at events around the country on issues facing litigators and judicial officers.

David is also a respected member of the legal community. He previously served as the president of the Federal Bar Association of Los Angeles, and the co-chair of the Lawyer Representatives for the Ninth Circuit Judicial Conference.

In the past, David has also served as co-chair of the ABA’s National Committee on the Foreign Corrupt Practices Act, the ABA’s Securities Fraud Committee, and the ABA’s Financial Institution Fraud Committee.

Card image cap

Rahul Kolhatkar

Assistant Regional Director
U.S. Securities and Exchange Commission (SEC)

Rahul Kohlhatkar is an Assistant Regional Director, Division of Enforcement, at the U.S. Securities and Exchange Commission.

Card image cap

Samantha Choe

Senior Counsel, Government Investigations & Special Matters
Uber

A graduate of UC Berkeley and Columbia Law School, Samantha began her legal career as an associate at Heller Ehrman LLP and Covington & Burling LLP. From 2013 to 2016, she served as a Staff Attorney in the Division of Enforcement of the U.S. Securities and Exchange Commission where she investigated cases involving accounting and financial fraud and investment adviser fraud. In 2017, Samantha returned to Covington and advised companies conducting high stakes internal investigations and responding to DOJ and SEC investigations. After acting as outside counsel for Uber Technologies, Inc. for several matters, Samantha recently joined Uber's Government Investigations & Special Matters team, which handles government-related inquiries and investigations.

Card image cap

John Sikora

Partner
Latham & Watkins

John Sikora is a member of the Litigation & Trial Department. Mr. Sikora represents companies and their officers and directors in SEC and FINRA enforcement investigations and examinations. Mr. Sikora’s clients include public companies, fund managers, investment advisers, and financial services firms. Mr. Sikora also advises clients on securities-related compliance.
Prior to joining Latham & Watkins, he was an Assistant Director in the Chicago Regional Office and in the Asset Management Unit of the SEC’s Enforcement Division, a national specialized unit that focuses on misconduct by investment advisers, investment companies, and private funds.
During his 16 year tenure at the SEC, Mr. Sikora was responsible for supervising all types of SEC enforcement activities, including investigations involving public company accounting fraud and other disclosure violations, misconduct by investment advisers, broker-dealers and auditors, and insider trading. Many of the investigations supervised by Mr. Sikora resulted in parallel prosecutions by the Department of Justice.
Mr. Sikora is a frequent speaker and panelist on securities law issues. Mr. Sikora earned the Chartered Alternative Investment Analyst designation in April 2012.

Card image cap

Amy Jane Longo

Partner
O'Melveny & Myers LLP

Amy Jane Longo is a partner in the Securities Litigation Practice and co-chair of the Electronic Discovery and Document Retention Practice. Amy represents corporations, their directors and officers in securities class actions, derivative suits, ERISA class actions, and a range of general commercial litigation, as well as internal investigations and enforcement matters. In addition, Amy counsels public and private companies on their document retention policies and best practices for electronic discovery and litigation response plans. Amy was recognized by the Daily Journal for her work representing Quiksilver, Inc. in a three-week jury trial in the United States District Court in the Central District of California, in which the jury found for Quiksilver, on claims for trademark infringement and false designation of origin and the Court thereafter entered a permanent injunction requiring the defendant to phase out all use of its competing trademark.

Amy is a leader in the American Bar Association, serving as co-chair of the Section of Litigation's Class Actions and Derivative Suits Committee and co-chair of the 2010 ABA Annual Meeting. She is listed as a "Southern California Super Lawyers Rising Star" for her securities litigation work (2005-2008). Amy also writes and lectures frequently at a national level.


Card image cap

Similar Courses

Card image cap
58 minutes
Accounting Fraud & SEC Investigations: Recent Enforcement Initiatives and Compliance Issues
As the SEC’s enforcement activities continue to ramp up and the regulatory landscape remains uncertain, businesses must stay updated and be well-versed on any grounds that would result in potential liability risks. Join experienced regulatory and compliance practitioners as they provide a comprehensive discussion on the recent SEC enforcement actions and considerations for fostering an ethical culture and reducing compliance risks. Speakers, among other things, will also offer best practices and effective compliance strategies amidst the ever-changing legal landscape.

The Knowledge Group

$75

Add to Cart
Card image cap
57 minutes
Addressing Legal Challenges in Cross-Border Asset Recovery
Join distinguished international attorney Javier Coronado of Diaz Reus International Law Firm (DRT) as he explores some of the legal challenges associated with cross-border asset recovery. The speaker, among other things, will offer practical tips and helpful insights for navigating this ever-changing legal landscape.

The Knowledge Group

$75

Add to Cart
Card image cap
58 minutes
Analyzing the Latest Developments in Government Investigations and Enforcement
The SEC’s action of re-instituting the delegation of investigative enforcement authorities signals the potential for an uptick in both investigations and enforcement actions.

General Counsel Conference

$65

Add to Cart
Card image cap
58 minutes
Broker-Dealer Enforcement Trends: Exploring Regulatory Challenges and Compliance Issues
The Securities and Exchange Commission (SEC) has proposed an amendment on the recordkeeping requirements for broker-dealers. The new rule asks for the retainment of electronic records in an exclusively non-rewritable and non-erasable format which is also known as write once, read many (WORM). However, the proposal would only apply prospectively, creating burdens for financial organizations in keeping WORM records that have been in existence at the time of the rule adoption.
Listen as experienced financial compliance professionals Robert Moreiro (Practus, LLP) and Debra Jenks (Jenks & Harvey LLP) provide a comprehensive discussion of the recent trends and developments surrounding broker-dealer regulation. Speakers, among other things, will offer practical compliance strategies in this ever-changing regulatory landscape.

The Knowledge Group

$75

Add to Cart
Previous Next