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SEC Renews Focus on Accounting and Disclosure Fraud

Mark S. Cohen, Scott D. Thomson and Jonathan S. Abernethy of Cohen & Gresser write that the SEC has promised to target accounting reserves, revenue recognition, and the role of audit committees, and examine each of these areas through the lens of three recent SEC enforcement actions: Capital One, ArthroCare, and AgFeed Industries.

Rule 180.1: The CFTC Targets Fraud and Manipulation

David Meister, Jocelyn Strauber and Brittany Bettman of Skadden, Arps, Slate, Meagher & Flom, write: The CFTC has caught up to its sister securities regulator, as it now holds that same “catchall” authority to bring enforcement actions against fraud in the commodities, commodities futures, and swaps markets.

Examining the Future of Complex Prosecutions in New York

Gerald L. Shargel and Ross M. Kramer of Winston & Strawn address the proposed revisions to New York state grand jury procedure, the accomplice corroboration rule, and the substantive laws on larceny, scheme to defraud and money laundering—key areas where New York state law has lagged behind federal law in the white-collar arena.

How the SEC May Receive Testimony Compelled in U.K., Canada

John Vukelj and Megan K. Vesely of DLA Piper discuss how regulators in the United Kingdom and Canada obtain (or compel) potentially incriminatory testimony from witnesses; examine how such testimony may be shared with the SEC pursuant to agreements between the regulators; and provide guidance for counsel and clients who may face requests for testimony in an investigation involving foreign regulators.