The limiting principles on the SEC’s disgorgement power outlined in ‘Liu’ remain alive and well despite the National Defense Authorization Act and have opened the door for meaningful and effective challenges to proposed SEC disgorgement awards.
Recently, there have been signs of a different approach to cybersecurity enforcement, as regulators have shifted their focus from data breach notifications to overall cybersecurity preparedness.
In this article, the authors discuss best practices for effective implementation of ethical walls in light of two recent developments.
It remains to be seen whether these schemes are here to stay or will be replaced by even newer methods as the pandemic wanes.
This article discusses the practical reality that ‘Upjohn’ warnings afford considerably less protection to individual employees than conventional wisdom may suggest.