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- Administrative proceedings; Dodd-Frank; Securities Regulation; Chamber of Commerce; Fair enforcement; Admissibility of evidence; Hearsay; Discovery; Securities and Exchange Commission (SEC) Rules of Practice; Administrative guidelines; History of the SEC; Securities Exchange Acts of 1933 and 1934; Insider Trading Sanctions Act of 1984 (ITSA); Securities Fraud Enforcement Act of 1988 (ITSFEA); Securities Enforcement Remedies and Penny Stock Reform Act of 1990; Sarbanes-Oxley; Administrative Law Judges (ALJs); Statutory interpretation; Chevron deference; Forum selection; Administrative rulemaking; Code of Federal Regulations (CFR); CFR Rule 360; CFR Rule 233; CFR Rule 320; Pre-hearing length; Depositions (1)
- Applicant (1)
- Chevron deference (1)
- Circuit courts (1)
- Circuit split (1)
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- Compliance technology; Corporate culture; Culture of compliance; Federal Sentencing Guidelines; Big data; Compliance monitoring and audits; Employee morale; Values based compliance; Command-and control approaches; Self-regulatory approaches; Financial regulation; Criminalized compliance; Corporate policing; Ethical misconduct (1)
- Credit (1)
- Credit discrimination (1)
- Cybersecurity; Whistleblowers; Internal reporting; Whistleblower protections; Cybersecurity disclosure regulations; Compliance systems; Securities Regulation; Corporate Governance; Retaliation; Dodd-Frank; Corporate compliance culture; Securities and Exchange Commission (SEC) guidelines; White hat hackers/Ethical hackers; Non-binding regulation; Fraud categories; Egan v. TradingScreen (1)
- ECOA (1)
- Equal Credit Opportunity Act (1)
- FRB (1)
- Federal Reserve Board (1)
- Gender discrimination (1)
- Guarantor (1)
- Hawkins v. Community Bank of Raymore (1)
- Inc.; Administrative authority; Shareholder protection; Security breach; Materiality; Cyber-risk (1)
- Privacy law; Cybersecurity; Hackers; FTC v. Wyndham Worldwide Corp.; Data breaches; Data security procedures; Self-regulatory organizations (SROs); Financial Trade Commission (FTC); Corporate privacy; Cyber Crime; Section 5 of the Federal Trade Commission Act; Deceptive or unfair business practice; Congressional inaction; Key principles of compliance; Best Practices Guidelines; Cyber risk insurance; Commercial general liability (CGL) insurance; First party cyber loss; Third party cyber liability; Technical policies and procedures; Written information security plan (WISP) (1)
- RL BB Acquisition v. Bridgemill Commons Development Group (1)
- Regulation B (1)
- Securities regulation; Investment advisers; Third party examiners; Third party examination models; Self-regulatory Organizations (SROs); Arbitrary and Capricious Standard; Administrative Procedure Act (APA); Administrative Rulemaking; Section 206(4) of the Investment Advisers Act of 1940; “Reasonably designed to prevent fraud” test; Unauthorized tax; Congress’s Power of the Purse; Securities regulation; Compliance policies and procedures; Adviser examinations; Nationally recognized statistical rating organizations (NRSROs); Proxy advisory firms; Certified Financial Analyst (CFA) Institute/CFA; Public company auditors; Chief Compliance Officers (CCOs); Compliance audits and reviews; Internal controls; Cost-benefit analysis; Financial regulation (1)
- Spousal guarantor (1)
- Supreme Court (1)
- Women’s rights (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without any substantial …
The Question Concerning Technology In Compliance, Sean J. Griffith
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
Brooklyn Journal of Corporate, Financial & Commercial Law
In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured for …
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to create indirectly a self-regulatory organization (SRO) for investments advisers. Both may leave a rulemaking particularly vulnerable to challenge as arbitrary and capricious under the Administrative Procedures Act. This Article considers three novel grounds on which a rulemaking may be successfully challenged. Congress has repeatedly rejected SEC requests to provide additional funding for examinations or to create an …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the definition of …