Free Speech, Due Process and Trial by Jury
The U.S. Securities and Exchange Commission has promoted Fort Worth Regional Office Associate Regional Director of Enforcement Eric R. Werner to the region’s top position – regional director. The SEC’s decision to make Werner its top corporate cop in the region is garnering praise from lawyers who know him.
The consent order is part of a nationwide investigation in which Nexo Capital Inc. agreed to pay $22.5 million in fines related to the sale of unregistered securities.
A new five-part Showtime series about the criminal trial of the Branch Davidians who survived the siege in Waco 30 years ago begins streaming today. Houston defense attorney Dan Cogdell, who won an acquittal for his client Clive Doyle, is played by the actor Giovanni Ribisi. The Texas Lawbook had a chance to chat with Cogdell about both experiences,the real and the cinematic.
The Securities and Exchange Commission doesn’t regulate everything a public company does. Or does it?
SEC practitioners are grappling with that question in the wake of the agency’s recent $35 million settlement with video game developer Activision Blizzard, where the SEC leveraged an inconspicuous internal controls rule to sanction alleged corporate conduct that had no evident impact on the company’s public reporting. Despite the hefty civil penalty, the Activision settlement does not entail allegations of fraud or deceit, or that Activision misstated or omitted anything at all. There are also no allegations that investors were harmed or put at risk.
In this edition of Litigation Roundup, the Texas Supreme Court upholds Texas A&M’s governmental immunity in a crash suit, and Cinemark loses a Covid business interruption claim against an insurer while Baylor University beats back a Covid-related breach of contract claim brought by two students.
At a Texas Lawbook-SMU Forum, white-collar defense lawyers David Gerger and Tom Melsheimer reveal how they overcame big problems to win big cases.
On the heels of its recent Corporate Enforcement Policy updates, the U.S. Department of Justice announced several new policies around executive compensation clawbacks, ephemeral messaging, and the intersection of corporate crime and national security. The eagerly expected announcements provide tangible guideposts for all companies on key hot-button issues. Questions persist, however, about consistent enforceability of such policies as well as material differences between DOJ's guidance and other rules under federal securities laws for public companies and regulated entities.
As a Houston arbitrator and former appellate justice, Michael Massengale was the perfect lawyer for the Texas House investigatory committee to choose to help investigate and write the official report about that tragic day last May when so much went wrong and 19 children and two teachers were murdered. For the first time since the report was released, Massengale has given an in-depth interview to Texas Lawbook reporter Janet Elliott about his role in the investigation, the challenges he and the committee faced and his hopes for legislative improvements to police training and school safety.
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