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

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

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

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

Introduction Insider trading cases frequently capture public attention and serve as critical learning points for legal and financial professionals. Recent high-profile cases have not only highlighted the consequences of illegal trading but have also set important legal precedents. This post examines a notable insider trading case involving a remote worker, the lessons it offers, and its impact on future legal