Journal of Investment Compliance: Volume 20 Issue 1

US SEC approves amendments to Nasdaq’s 20 per cent rule for shareholder approval of certain private offerings

Justin F. Hoffman, Jude A. Dworaczyk

To explain a recent amendment by the US Securities and Exchange Commission (the SEC) to Nasdaq Rule 5635(d) (the 20 per cent Rule) to change the definition of “market value” for…

US SEC report calls for better internal accounting controls for cyber-related threats

David Martin, David Engvall, Kerry Burke, Gerald Hodgkins, Matthew Franker, Reid Hooper

To summarize and explain the US Securities and Exchange Commission’s (Commission) recent report of investigation cautioning public companies to consider cyber-related threats when…

CFTC amends chief compliance officer duties and annual report requirements

Julian E. Hammar

This paper summarizes the requirements of rule amendments promulgated by the Commodity Futures Trading Commission (CFTC) in 2018 regarding the duties of Chief Compliance Officers…

Blockchain for business

Rohith P. George, Brad L. Peterson, Oliver Yaros, David L. Beam, Julian M. Dibbell, Riley C. Moore

To introduce blockchain in simple terms for business lawyers to be able to spot the right issues and ask the right questions.

US Supreme court rules SEC administrative law judges are subject to the appointments clause

Joshua D. Roth, Justin J. Santolli

The purpose of this paper is to analyze the Supreme Court’s decision in Lucia v. Securities and Exchange Commission, 138 S.Ct. 2044 (June 21, 2018).

Sanofi settles FCPA charges with SEC for $25.2 million

Jennifer Kennedy Park, Abena Mainoo

To explain a recent enforcement action by the US Securities and Exchange Commission (SEC) highlighting risk factors for Foreign Corrupt Practices Act (FCPA) violations.

The SEC brings its first enforcement action under the identity theft red flags rule

Vincente L. Martinez, Julia B. Jacobson, Nancy C. Iheanacho

To explain the significance of the first enforcement action under the Identity Theft Red Flags Rule by the US Securities and Exchange Commission (SEC), which was announced on…

Governance implications of CFIUS reform for US investment funds with foreign investors

Michael Leiter, John Caccia, Heather Cruz, Michael Hoffman, James Schnell, Ivan Schlager, Donald Vieira, Jonathan Gafni, Daniel Gerkin

To explain how corporate governance is likely to be affected by drastic changes to national security reviews by the Committee on Foreign Investment in the United States (CFIUS)…

SEC charges “ICO Superstore” as unregistered broker-dealer

John J. Sikora Jr., Stephen P. Wink, Douglas K. Yatter, Naim Culhaci

To analyze the settled order of the US Securities and Exchange Commission (SEC) against TokenLot LLC (TokenLot), which was the SEC’s first action charging a seller of digital…

SEC sues asset managers for using untested, error-filled quantitative investment models

Wendy E. Cohen, Richard D. Marshall, Allison C. Yacker, Lance A. Zinman

To explain actions the US Securities and Exchange Commission (SEC) brought on August 27, 2018, against a group of affiliated investment advisers and broker-dealers for what the…