Dmitriy Smirnov
February 12, 2025
Firm News

In a landmark ruling, the Supreme Court in Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024) rejected the historically lenient standard used by some federal agencies when seeking preliminary injunctions, instead reaffirming that courts must apply the traditional four-factor test. While Starbucks, a case that involved the National Labor Relations Board, was an important decision in reaffirming equitable principles,

Dmitriy Smirnov
February 3, 2025
Firm News

A subpoena from the Securities and Exchange Commission (SEC) is a formal request for documents or testimony related to an investigation into potential violations of federal securities laws. The SEC frequently issues subpoenas as part of its broader investigative process, particularly in cases involving suspected insider trading, securities fraud, or market manipulation. While receiving a subpoena does not necessarily imply

Dmitriy Smirnov
December 11, 2024
Firm News

The Securities and Exchange Commission (SEC) has ramped up enforcement in recent years, a trend that has continued unabated in 2024. The SEC recently released its enforcement results for fiscal year 2024, revealing both setbacks and milestones. While the agency initiated only 583 actions—a 26% drop from FY 2023—it achieved a historic $8.2 billion in financial remedies, the highest ever

Dmitriy Smirnov
October 3, 2024
Firm News

On June 27, 2024, the U.S. Supreme Court issued a pivotal ruling in SEC v. Jarkesy that will significantly reshape securities enforcement. As outlined below, it already has. In a 6-3 decision, the Court ruled that the Securities and Exchange Commission’s (“SEC”) use of in-house tribunals to resolve securities fraud cases violated the U.S. Constitution, affirming a defendant’s right to

Dmitriy Smirnov
August 20, 2024
Firm News

When the federal government launched financial aid programs during the COVID-19 pandemic such as the Paycheck Protection Program  (“PPP”) and the Economic Injury Disaster Loan Program (“EIDL”), many in the blogosphere and media predicted that South Florida, with its rich history of healthcare and many other fraudulent “get-rich-quick” schemes, would soon become the epicenter of COVID-19 fraud.  In 2022, the

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