SEC's New, Powerful Enforcement Options

Today's General Counsel
June/July 2014
In this article, Daniel Patrick Wendt discusses the current change within the Securities and Exchange Commission (SEC) enforcement climate. There are several causes for the shift, however the key factor is a provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act legislation allowing the SEC to pursue civil penalties for a broad range of actions through administrative proceedings. "In short, the SEC can now do its enforcement work in FCPA cases without ever having to leave home," Wendt said. He discusses the challenges to the changing landscape as well as the mixed results that stem from it, particularly the impact on corporate counsel.
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SEC's New Powerful Enforcement Options