Securities and Exchange Commission

  • Morning Docket: 09.28.18
    Morning Docket

    Morning Docket: 09.28.18

    * Well… this crazy dude happened. [Boston Globe]

    * As the hearing concludes, calls of “there’s no corroboration!” from the guys who prohibited calling any other witnesses. [Washington Post]

    * But, don’t worry, we won’t have an FBI investigation because… Joe Biden? Somehow? Literally Grassley’s so addled and confused at this point that he can’t grasp basic context. [Politico]

    * Anyone else notice that Brett Kavanaugh doubled down on that insane and discredited Ed Whelan theory? [ThinkProgress]

    * He also lied brazenly and repeatedly, which in a sane world might speak to his overall credibility. But we’re in the darkest timeline, my friends. [Time]

    * In other news, the SEC got around to charging someone! [Dealbreaker]

    * Bill Cosby sued over unpaid legal bills. [CNN]

    * Young lawyer saves man’s life. [Legal Cheek]

  • Morning Docket: 09.19.18
    Morning Docket

    Morning Docket: 09.19.18

    * Credit card companies ponying up more money to settle claims that they rogered retailers on swipe fees. They’ll probably make that money back in 3 days so don’t shed too many tears. [Law360]

    * Mark Judge brings on Cozen in the off chance Grassley develops a spine and demands Judge’s testimony. Which he won’t. [National Law Journal]

    * Former Cadwalader chair sues wife to block condo sale to bail out adult son. [NY Post]

    * The SEC is looking to futz with the Dodd-Frank whistleblower provisions, which should help us get back to that cozy world where financial interests can easily plunge the economy into turmoil again. [National Law Journal]

    * Facebook accused of gender bias in keeping job listings away from female users. [Corporate Counsel]

    * Right-wing attorney Jason Lee Van Dyke arrested on filing a false police report charge. [Daily Beast]

    * Supreme Court overrules John Roberts and pushes back against dark money shenanigans. Consider this a brief respite until Kavanaugh shows up. [Courthouse News Service]

  • Morning Docket: 09.05.18
    Morning Docket

    Morning Docket: 09.05.18

    * Supreme Court nominee Judge Brett Kavanaugh’s confirmation hearings will continue today, and we imagine that when his rulings are discussed, he’ll be pummeled on own “frozen trucker” case — but his involves a killer whale. [National Law Journal]

    * Special counsel Robert Mueller says he’ll accept written answers from President Donald Trump on questions related to whether his campaign conspired with Russia to interfere in the 2016 election. As for the obstruction question, it seems like Mueller still wants an interview. [New York Times]

    * The Securities and Exchange Commission has reached settlements totaling about $216,815 with the former leaders of failed firm Dewey & LeBoeuf. Of course, that’s nowhere near multimillion-dollar fraud that’s been alleged, but at this point, Dewey even care anymore? [American Lawyer]

    * According to the American Bar Association, Florida Coastal Law, the last InfiLaw school left standing, is still out of compliance with accreditation standards. Coastal is already suing the ABA, so this latest decision is sure to inspire some additional filings from the school. [ABA Journal]

    * North Dakota Law has welcomed more than two dozen students who fled from beleaguered Arizona Summit Law with open arms. Why have so many Summit students flocked to Roughrider Country? All of their credits will be accepted there, which is a pretty good reason. [Bismarck Tribune]

  • Morning Docket: 08.30.18
    Morning Docket

    Morning Docket: 08.30.18

    * Trump Tweets out his demand that Chief Justice Roberts crack down on Judge Collyer for not using the FISA court to undermine the Russia probe. Did Trump do misspell Judge Collyer’s name in the process? Oh you know by now that of course he did. [Reuters via Huffington Post]

    * No sooner did a jury actually convict a cop of killing an unarmed black teen, did they turn around and sentence him to less than even the defense attorneys dreamed of. [Courthouse News Service]

    * The SEC fined Moody’s over poor controls, which seems about a decade too late, but whatever. [Corporate Counsel]

    * Is Rudy Giuliani using his relationship to the president to further his lobbying career? That would be really shocking for someone involved with this administration! [National Law Journal]

    * Eighth Circuit approves corporate discrimination efforts. [The Recorder]

    * FIFA convict compared to John McCain… I guess because they’ll both be spending time in captivity? [NY Post]

    * Clifford Chance slapped with fine for discriminating against non-U.S. citizens. You can take the firm out of Rogers & Wells, but you can’t take the Rogers & Wells out of the firm. Seriously though, this was just a misunderstanding of ITAR regulations. [Law360]

  • Morning Docket: 05.16.18
    Morning Docket

    Morning Docket: 05.16.18

    * The Novartis lawyer who paid off Michael Cohen is retiring. [Washington Post]

    * A judge has overturned California’s assisted suicide law. I honestly thought we were done having fights over assisted suicide. [NPR]

    * Pillsbury picks up tax team from Eversheds. [American Lawyer]

    * Lawyers may not like legal ops, but the cottage industry is booming. [Law.com]

    * For anyone still holding onto the delusion that Robert Mueller didn’t have the authority to prosecute Manafort, that’s gone now. [Courthouse News Service]

    * The SEC is cutting back on corporate enforcement, shocking no one. [National Law Journal]

  • Morning Docket: 05.08.18
    Morning Docket

    Morning Docket: 05.08.18

    * With NY Attorney General Eric Schneiderman resigning, the negotiations to determine his successor are in full swing. Expect someone no one has ever heard of from some upstate DA’s office who will then hold the job for a decade. [New York Law Journal]

    * Trouble in paradise? Donald Trump reportedly frustrated with Rudy Giuliani because Fox is starting to let him know that Rudy’s completely screwing him. But is he? It may be embarrassing, but if he sells the story that Cohen paid off women all the time, then it may not be a campaign law violation because it’s something he does in the ordinary course. Giuliani’s may be crazy like a fox. Or just crazy. [Time]

    * GDPR = Y2K 2018? European regulators claim they aren’t ready for the planned switch over to GDPR. The law is definitely more stringent than what most of Europe was used to, but it’s not wildly out of sync with what some countries were already doing. Stop hyperventilating and get it together, people. [Reuters]

    * The SEC wants a completely open-ended opportunity to meet with Jay-Z. He says this is unreasonable and offered them a full day of testimony. Why are we wasting a judge’s time with this? Give the SEC one whole day with the right to come back to make a request for more. It’s an SEC investigation, it’s not Bonnie & Clyde. [Law360]

    * The administration may have pardoned Sheriff Joe for his crimes, but that doesn’t mean the county who elected him over and over can avoid paying for it. The Ninth Circuit determined that Maricopa County is on the hook for the illegal activity Sheriff Joe perpetrated behind his badge. [The Recorder]

    * Forget Amazon, drones are now delivering contraband and other smuggled goods. Ah, the future. [Futurism]

    * A financial technology firm claims Perkins Coie and Bracewell cost it millions of dollars by leading it into a contract with Morgan Stanley without protecting it from changes the bank made to the contract. Are you saying a major bank tried to screw someone over? [American Lawyer]

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  • Morning Docket: 03.01.18
    Morning Docket

    Morning Docket: 03.01.18

    * The NFL is going to ask Jerry Jones to reimburse legal fees spent on Roger Goodell’s contract negotiations because Jones — prudently and responsibly — argued that the league had an obligation not to rubber stamp a multi-million dollar extension to this idiot. You’ve got to hand it to Goodell… he’s made Jerry Jones a sympathetic figure. [NPR]

    * Tim Kaine is leading a handful of Democrats in an effort to make it harder to enforce anti-discrimination laws in the housing market. Oh. [Huffington Post]

    * Kirkland & Ellis is out there doing crazy stuff to bolster revenue… and it’s working. [Law.com]

    * SEC reportedly issuing subpoenas in crackdown on fraudulent ICOs. Apparently, the agency is concerned that some companies handing out magic beans may not be on the up and up. [Bloomberg Markets]

    * Alston & Bird tagged by jury as 32 percent liable for its role in enabling millions in ill-gotten gains. [Daily Report Online]

    * Harvey Weinstein’s carrier refuses to cover his legal bills. Apparently “Chubb” doesn’t cover horny men accused of misconduct which seems ironic. [Variety]

    * A dive into just how badly the Supreme Court kneecapped detained immigrants and their attorneys this week. [VICE News]

    * The first editorial from the American Lawyer’s Young Lawyer Editorial Board tackles sexual harassment in the legal industry. [American Lawyer]

  • Morning Docket: 01.02.18
    Morning Docket

    Morning Docket: 01.02.18

    * Matthew Riehl, the gunman in the Colorado shooting this weekend who killed a deputy sheriff and wounded four police officers and two civilians, was a former lawyer in Wyoming whose alma mater, Wyoming Law, warned students about his “suspicious behavior” in early November. [Denver Post; Laramie Live]

    * In his 2017 State of the Judiciary Report, Chief Justice John Roberts focused on court emergency preparedness, but included an addendum about sexual harassment within the judiciary, announcing that proper procedures must be in place to “ensure an exemplary workplace for every judge and every court employee.” No mention of the recently retired Judge Alex Kozinski was made. [Washington Post]

    * Joel Sanders, the former CFO of failed firm Dewey & LeBoeuf who was convicted on securities fraud and conspiracy charges, has reached a settlement with the SEC, but the agency will move forward with proceedings against Stephen DiCarmine, the firm’s ex-executive director. [New York Law Journal]

    * As usual, the new year brings with it a slew of new laws. In some states, voter ID laws will go into effect, while in others, police won’t be able to arrest people for immigration enforcement purposes. Plus, pets will be treated more like children after divorces in at least one state. [CNN]

    * Speaking of new laws, marijuana is now fully legal in California, and if you’re 21 or older, you can now purchase and possess up to an ounce for recreational use. This a “monumental moment” for the Golden State, but don’t forget that the Feds still consider the drug to be an illegal Schedule I narcotic. [Los Angeles Times]

  • Morning Docket: 11.16.17
    Morning Docket

    Morning Docket: 11.16.17

    * Ted Cruz is angry that the ABA calls unqualified people unqualified. Everyone gets an A in Professor Cruz’s class! [National Law Journal]

    * “A Rutherford couple reportedly got an unwanted house call over the weekend from a lawyer who was completely naked except for a tight-fitting T-shirt and a pair of black high heels.” Go on.[NY Daily News]

    * You had me at “sexual enterprise,” you magnificent RICO complaint you. [The Recorder]

    * The NFL is going to war with Jerry Jones, so grab your popcorn. [CNBC]

    * Barclay’s prevails over a former employee’s sex discrimination claim and her race discrimination claim. Seems as though it’s been forever since Kimberle Crenshaw pointed out exactly why this is a problem. [Law360]

    * What do law firms and despotic regimes have in common? Probably a lot, but one thing is a non-existent succession plan. [American Lawyer]

    * The SEC pursues fewer actions for dramatically less money as it largely abdicates its watchdog role. What could possibly go wrong? [Corporate Counsel]

    * A deep dive into whether or not ex-convicts should be able to serve as lawyers. [Bloomberg]

    * Law firm files complaint arguing that Disney stole the script to Pirates of the Caribbean. Amazing because it was never clear to me that there was a script to that movie. [CBS]

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  • Morning Docket: 09.27.17
    Morning Docket

    Morning Docket: 09.27.17

    * Former Alabama Supreme Court Justice Roy Moore has won the Republican primary runoff election for the Senate seat that was once occupied by AG Jeff Sessions. Perhaps we can look forward to history repeating itself and Moore being twice suspended if he wins the special election. [New York Times]

    * Senate Republicans don’t have the votes for the Graham-Cassidy effort to repeal Obamacare to pass, but not to worry, because they’ll be back at it again soon via the 2019 budget reconciliation process, and next time, they’re going to be transparent, hold committee hearings, and even consult Democrats. [CNN]

    * The Trump administration’s Department of Homeland Security has refused to waive Jones Act shipping restrictions that are preventing Puerto Rico from getting the gasoline and supplies that are so desperately needed for the island’s recovery efforts following Hurricane Maria. Senator John McCain is pissed, and says it’s time to repeal the “archaic and burdensome” Act. [Reuters]

    * Freedom hangs in the balance for Making a Murderer’s Brendan Dassey, whose case was heard before the full Seventh Circuit yesterday. According to court watchers, the judges seemed split, and we can’t help but to wonder what Judge Richard Posner would have thought. [Milwaukee Journal-Sentinel]

    * Irell & Manella’s Andrei Iancu, President Trump’s pick to lead the U.S. Patent and Trademark Office, is awaiting confirmation. There’s no better way to bide our time while we wait than to discuss the fact that he’d been pulling down a $4 million paycheck at the firm. We’ll have more on this later. [Am Law Daily]

    * “How can you expect companies to do the right thing when you[r] agency has not?” U.S. Securities and Exchange Commission Chairman Jay Clayton is taking heat over the fact that his agency was hacked in 2016, but nothing was mentioned about it until last week. He’s set a great example. [Big Law Business]

    * According to a recent study, no matter what women do, in most cases, they’ll continue to earn less than men. The ban on asking employees about their salary history is doing nothing for women; in fact, they’re being penalized for refusing to disclose their salaries, while men are being rewarded. [The Careerist]

  • Morning Docket: 06.06.17
    Morning Docket

    Morning Docket: 06.06.17

    * The government can work out exactly how NSA contractor Reality Winner leaked classified documents, but no one seems capable of explaining how America gave Top Secret clearance to someone named “Reality Winner.” [Quartz]

    * An open letter to Tiffany Trump from one of her future classmates. [Teen Vogue]

    * A profile of Don McGahn that begins “By day, Don McGahn is a straight-laced lawyer, but by night, he’s a long-haired rocker.” Oh? An affluent middle aged white guy sublimates his sad existence through a Peter Pan complex… tell me more! [NPR]

    * If you were wagering, we now know that Robert Barnes picked up his client Cassandra Fairbanks on Twitter. I’d have bet on the Pepe the Frog subreddit. [National Law Journal]

    * Kokesh puts kibosh on SEC disgorgement. [Corporate Counsel]

    * Chamber wants a rule to expose litigation financing. [Law.com]

    * Now the Trump administration is hitting firms in the wallet — with partner Charles Tobin moving to Ballard Spahr, bailing on Holland & Knight over their alleged policy of never taking on matters adverse to Donald Trump. [Legal Intelligencer]

    * Speaking of Ballard Spahr, they’re moving to a new office in New York. [NY Post]

  • Morning Docket: 05.17.17
    Morning Docket

    Morning Docket: 05.17.17

    * “I hope you can let this go.” Former FBI director James Comey was writing memos detailing his conversations with Donald Trump to document what he believed were the president’s improper attempts to influence the Michael Flynn investigation. Comey, a damn good lawyer, likely knew that an FBI agent’s notes are admissible in court as credible evidence. [New York Times]

    * The Securities and Exchange Commission just got a Biglaw-style facelift: SEC Chairman Jay Clayton, formerly of Sullivan & Cromwell, has asked Willkie Farr partner Robert Stebbins to serve as his general counsel and SullCrom associate Sean Memon to serve as his deputy chief of staff. [Big Law Business]

    * Rolling your eyes and calling a federal judge’s ruling on an objection “f*cking bullsh*t” will certainly do you absolutely no favors in Judge Amy St. Eve’s courtroom. In fact, it just might get you suspended from practice for three months and barred from being a lead trial attorney for a year. [Chicago Tribune]

    * “I’m an attorney in a capital case!” In videos introduced into evidence during Dylann Roof’s mental competency hearings, the convicted killer said his attorneys were “evil,” “the spawn of hell,” and “liars,” and only wanted to keep them while representing himself “so I can abuse them.” [Post and Courier]

    * Drake Law School has entered into an agreement with three historically black colleges and universities to increase its diversity. Entering students will be guaranteed a scholarship to cover at least half of their tuition. Drake’s first-time bar pass rate in Iowa was 82 percent in July 2016. [Iowa Public Radio]