Dmitriy Smirnov
January 7, 2025
Securities Law

Insider trading accusations can severely damage reputations, careers, and company credibility. Several recent cases involving high-profile executives emphasize the importance of adhering to best practices for compliance with securities laws. Below, we outline essential strategies for corporate leaders to avoid accusations of insider trading, using recent cases as cautionary tales. Understand and Respect Blackout Periods A blackout period is a

Dmitriy Smirnov
January 7, 2025
Securities Law

Transparency in investor advisory fees is not just a regulatory requirement—it reflects integrity. But when disputes arise, defending the legitimacy of advisory fees becomes a nuanced challenge, often hinging on whether those fees were adequately disclosed and justified. Recent cases have brought this issue to the forefront, highlighting both the pitfalls of poor communication and the importance of proactive transparency.

Dmitriy Smirnov
August 15, 2024
Securities Law

Recent enforcement actions by the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) highlight the critical importance of adhering to the rules requiring firms to maintain and preserve required records of communications with clients. SEC Rule 17a-4 under the Securities Exchange Act of 1934 mandates that broker-dealers maintain and preserve records of communications, including electronic

Dmitriy Smirnov
June 5, 2024
Securities Law

Introduction Defending against insider trading charges is a complex and challenging task that requires a deep understanding of the legal landscape and strategic planning. This post delves into key defense strategies and the evidentiary challenges involved in insider trading cases, providing insights into how legal professionals navigate these intricate cases. Key Defense Strategies One of the primary defenses in insider

Dmitriy Smirnov
May 20, 2024
Securities Law

Introduction Whistleblowers play a pivotal role in uncovering insider trading activities, often providing the crucial information that leads to investigations and prosecutions. However, the decision to blow the whistle can be fraught with personal and professional risks. This post explores the significant impact of whistleblowers on insider trading cases, the benefits and challenges they face, and the broader implications for

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