Dodd-Frank and the SEC: How Do the New Provisions Tie to Existing Programs to Fortify SEC Enforcement?

Program Number: 2074

Program Date: 10/21/2010

Description

The Dodd-Frank Act has been hailed as the most significant financial reform legislation since the passage of the Federal Securities Laws in the 1930s. The SEC is required to write dozens of regulations and undertake numerous studies. Chairman Mary Schapiro recently told Congress that the agency will need another 800 employees to comply with its obligations under the Act.
The key question, however, is whether the new provisions fit together with existing Enforcement initiatives to strengthen the program.

Join Tom Gorman of Porter Wright Morris & Arthur LLP and David Seide of Curtis, Mallet-Prevost, Colt & Mosle LLP, who explore the impact today of key provisions of Dodd-Frank on SEC and financial services enforcement, including:
• The impact of new Section 929I exempting the SEC from producing certain documents and whether it will be repealed;
• Enhanced whistleblower provisions, their connection with new SEC cooperation initiatives and their impact on FCPA and financial fraud enforcement;
• Enhanced FCPA reporting requirements and whether they will aid the new SEC FCPA enforcement groups;
• Enhanced extraterritorial provisions and their impact in key cases, such as the new Moody's Investors Services Section 21(a) report, on rating agencies and other registrants;
• New aiding and abetting provisions and whether they extend the reach of enforcement;
• The impact of the new penalty provisions in administrative proceedings and whether this will cause a sift from district court enforcement actions to administrative proceedings;
• The expected impact of new rulemakings and reports on existing enforcement programs;
• The New Consumer Financial Protection Bureau;
• The New Council of Regulators; and
• the impact of new studies of fiduciary duty obligations, the extension of aiding and abetting liability to private actions and the addition of the extraterritorial provisions to private actions.

$80.00Audio CD Add to Cart $80.00Online Audio Add to Cart

Available in states

Arizona, California, Colorado Eligible, Georgia, Missouri, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1 General CLE credit
60 minute credit hour - 1 General CLE credit

State Program Numbers

Presenters


Thomas O. Gorman, Esq.

Dorsey & Whitney LLP

Thomas O. Gorman, Esq. is a partner in the Washington, D.C. office of Dorsey & Whitney LLP. Mr. Gorman, whose practice involves a wide range of civil and criminal securities and business litigation matters, including conducting internal corporate investigations, defending public companies and individuals in SEC and DOJ investigations, and defending securities class action and derivative suits, is Co-chair of the ABA White Collar Crime Securities Section, and a former member of the staff of the Securities and Exchange Commission's Enforcement Division and Office of the General Counsel. He is a frequent speaker and author of articles regarding securities litigation topics and publishes a blog (www.SECActions.com), which comments on trends and current events in SEC and DOJ securities enforcement investigations and actions. Among his other honors, and those awarded for his blog, he has been selected since 2007 for inclusion in Super Lawyers in the area of securities litigation and Washington Business Journal previously recognized him as one of the five top lawyers in Washington, D.C.

 

David Z. Seide, Esq.

Curtis, Mallet-Prevost, Colt & Mosle LLP

David Z. Seide, Esq., a partner in the Litigation Group of Curtis, Mallet-Prevost, Colt & Mosle LLP, focuses on white-collar crime, and represents companies and individuals in lawsuits or under investigation by the Securities and Exchange Commission, the Department of Justice, and state and local agencies. The Co-Chair of the American Bar Association (ABA) Task Force on Best Practices for Company Counsel to Follow When Providing Upjohn Warnings to Company Employees, and the principal author of a report for the ABA recommending best practices for company counsel to follow when interviewing company employees as part of an internal investigation, he is also the Co-Chair of the ABA Securities Fraud Subcommittee, and White Collar Crime Committee. Mr. Seide spent nearly 12 years as an Assistant U.S. Attorney in Los Angeles, where he was responsible for the investigation, prosecution and trial of multiple individuals and organizations suspected of engaging in securities fraud. He has published articles in numerous publications, speaks regularly to industry and trade groups, has lectured at law and business schools, and has taught at the National Institute for Trial Advocacy.