On May 18, 2022, the Fifth Circuit issued an opinion vacating a Securities and Exchange Commission (“SEC”) Administrative Law Judge’s (“ALJ”) decision that George Jarkesy, Jr. (“Jarkesy”) and his investment adviser Patriot28, L.L.C. (“Patriot28”) committed securities fraud.
On May 6, 2022, the Securities and Exchange Commission (“SEC”) announced a $5.5 million settlement of charges against NVIDIA Corporation (“NVIDIA”) for allegedly failing to adequately disclose in the Management’s Discussion and Analysis of Financial Condition and Results of Operations (“MD&A”) section of its Forms 10-Q the fact that cryptomining was a significant factor in the year-over-year growth in its more traditional gaming business.
On April 18, 2022, the Securities and Exchange Commission (“SEC”) announced the fourth enforcement action arising from its EPS Initiative, charging Rollins Inc. (“Rollins”) and its former chief financial officer (“CFO”) with violating Section 17(a) of the Securities Act of 1933 (“Securities Act”) and Sections 13(a), 13(b)(2)(A), and 13(b)(5) of the Securities Exchange Act of 1934 (“Exchange Act”) by engaging in improper accounting practices in order to boost the company’s publicly reported quarterly earnings per share (“EPS”) to meet research analysts’ consensus estimates.
In yet another indication that the Biden administration is continuing to ramp up white collar enforcement, the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) announced on April 20, 2022 that Stericycle, Inc. (“Stericycle”), an Illinois-based international waste management company, has agreed to pay more than $84 million to resolve parallel Foreign Corrupt Practices Act (“FCPA”) investigations by authorities in the United States and Brazil.
In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division. The trials were considered bellwethers in gauging how the Division’s first criminal prosecutions of companies and individuals accused of allocating labor markets would be received by the American public.
In this series of videos, Vinson & Elkins’ Alden Atkins, Jason Powers, and Craig Seebald discuss many of the common questions you might have regarding civil antitrust cartel cases.
In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its second Opinion Procedure Release (“OPR”) in the last two years, following a half-decade of dormancy, and perhaps responding to criticism from the business community, DOJ actually provided actionable and immediate guidance to a company facing imminent harm.
For those facing a potential enforcement recommendation at the close of a white collar investigation, choosing whether to litigate against or settle with the government agency is a critical strategic crossroads.
Following hot on the heels of the eagerly anticipated release of a proposed rule regarding climate-related disclosures (The Enhancement and Standardization of Climate-Related Disclosures for Investors), the Securities and Exchange Commission’s (“SEC”) Division of Examinations (“the Division”) released its Examination Priorities for FY 2022 on March 30, 2022.
Foreign Corrupt Practices Act Enforcement Leaders at the DOJ and SEC Signal Increased Enforcement, an Upswing in Coordinated Investigations and Resolutions, and a Focus on Individual Actors to Dismantle Corporate Wrongdoing