ON Securities

I spoke this week at a Minnesota CLE Conference on the topic of how public companies can avoid liability for their disclosures. In preparing my remarks, it struck me that the SEC is “loaded for bear” in going after public companies and their officers with investigations and enforcement proceedings. . . . Recent examples, just during July and August of 2009 . . . . [to read more, click on the title above]

The SEC’s recent clawback action against Maynard Jenkins, the former CEO of auto supplier CSK Auto Corporation, has gotten more commentary than just about any other recent enforcement proceeding I can think of. . . . Much of the negative commentary accuses the SEC of overreaching, in a situation where it could not state an accounting fraud case directly against Jenkins. However, this case is an extreme one . . . . [to read more, click on title above]