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In-house lawyers beware: SEC expands supervisory liability

USA - October 19 2010 A SEC Administrative Law Judge ("ALJ") recently held that an in-house lawyer at a broker-dealer with no direct supervisory authority over a retail financial advisor was, nonetheless, that financial advisor's "supervisor" under the federal securities laws.

Daniel C. Zinman

Ninth Circuit’s reversal of evidence exclusion in Broadcom case does not alter lessons learned regarding Upjohn warnings

USA - October 7 2009 Earlier this year we circulated a memorandum discussing the implications of the suppression order issued in United States v. Nicholas, 606 F. Supp. 2d 1109 (C.D. Ca. Apr. 2009), on the administration of Upjohn warnings.

Shari A. Brandt

Regulatory challenges for public companies

USA - January 6 2010 Examination of US regulatory enforcement actions and criminal investigations and prosecutions in 2009 suggests that the Securities and Exchange Commission (SEC) and United States Department of Justice (DOJ) have intensified their focus on senior executives and are targeting them even in the absence of evidence of actual participation in any misconduct.

Shari A. Brandt