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Governance Implications of the Latest DOJ Corporate Fraud Enforcement Policies

Reynolds Holding

Corporate boards will be called upon to renew their oversight of corporate compliance following the recent announcement of several new corporate fraud enforcement initiatives by the U.S. Monaco noted, however, that such programs only cover misconduct within their agencies’ jurisdictions. Department of Justice (DOJ).

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What is the SEC Hiding?

Reynolds Holding

Internal Reporting – Because whistleblowers within companies are not required to report an alleged fraud internally before coming forward to the SEC, many have worried that the program would undermine corporate compliance programs. Or too few awards to individuals who helped detect new frauds? The FY 2022 Report does not. Alexander I.

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Skadden Discusses a Board’s Role in Oversight of Cybersecurity Risks

Reynolds Holding

New rules issued by the Securities and Exchange Commission (SEC) and an enforcement action by the agency against SolarWinds, a software developer that was the victim of a serious cyberattack, provide detailed guidelines. These charges reflect how seriously the agency views these alleged infractions.

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John C. Coffee, Jr.: The Blaszczak Bombshell and What It Will Mean

Reynolds Holding

Still, the agency had rules protecting the confidentiality of such information. 2] Second, the jury actually acquitted the defendants of the Rule 10b-5 violations but convicted them on the wire fraud and other charges, including securities fraud under 18 U.S.C. In a subsequent case, Kelly v. Some of the language in the S.D.N.Y.’s

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“Irreparable Harm” and Injunctions in Close Business Owner Disputes

Farrel Fritz

114 AD2d 363 [2d Dept 1985] [“irreparable injury would result from a denial of the motion because Brenner would then be voted out of office by the other shareholders”]). v Katz , 677 F Supp 1291 [ED NY 1987] [“The disenfranchisement of shareholders poses a serious risk of irreparable harm that cannot be measured in money damages”]).

Equity 59
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How Directors’ Oversight Duties and Liability under Caremark Are Evolving

Reynolds Holding

To enhance deterrence and promote its commitment to limiting companies to lawful profits, corporate law needs to create personal incentives for directors and officers to deter misconduct. Delaware courts are reforming Caremark to impose oversight duties on directors and officers that can potentially improve corporate compliance.

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SEC Enforcement Chief Speaks on Corporate Compliance

Reynolds Holding

Let me conclude by addressing the proverbial elephant that shows up in any room where a regulator like me is speaking to those working in compliance: when does the Enforcement Division recommend charges against a compliance officer? 9] The penalties in these cases included $10 million against the investment firm, D.E. Here is one example.