Lance Jasper

Aug 19, 2024 | mondaq.com | Natasha Kohne |Lance Jasper |Michael Asaro |Peter Altman

Judge Engelmayer's 107-page dismissal of most of the U.S. Securities and Exchange Commission (SEC)'s claims against SolarWinds provides valuable guidance, and some comfort, for public companies and Chief Information Security Officers (CISOs). The SEC lost the bulk of its fraud claims and all of its internal controls claims in a decision that significantly undermines its reliance on hindsight to punish alleged deficiencies in cybersecurity programs.

Apr 8, 2024 | mondaq.com | Lance Jasper |Peter Altman |Michael Asaro |Jan-Paul Bruynes

In a thorough decision, a federal district judge in New York largely denied Coinbase's motion for judgment on the pleadings in a case brought by the SEC. Applying the plaintiff-friendly standards required at the pleading stage, the court accepted the SEC's factual allegations as true and concluded that the SEC plausibly alleged that Coinbase violated the federal securities laws through its involvement in crypto-asset transactions involving investment contracts.

Apr 8, 2024 | lexology.com | Peter Altman |Michael Asaro |Charles Connolly |Brian Daly |Jason Daniel |Anne Evans | +7 more

On April 3, 2024, the U.S. Securities and Exchange Commission (SEC) announced its first enforcement action against a registered investment adviser (RIA) with no ties to a broker-dealer regarding so-called “off-channel” communications—that is, communications sent away from firm-captured devices and/or firm-approved communications platforms.

Apr 3, 2024 | lexology.com | Lance Jasper |Peter Altman |Michael Asaro |Jan-Paul Bruynes |Charles Connolly |Brian Daly | +8 more

Key Points In a thorough decision, a federal district judge in New York largely denied Coinbase’s motion for judgment on the pleadings in a case brought by the SEC. Applying the plaintiff-friendly standards required at the pleading stage, the court accepted the SEC’s factual allegations as true and concluded that the SEC plausibly alleged that Coinbase violated the federal securities laws through its involvement in crypto-asset transactions involving investment contracts.

Feb 12, 2024 | lexology.com | Peter Altman |Michael Asaro |Charles Connolly |Brian Daly |Jason Daniel |Anne Evans | +7 more

Key PointsLast week, the SEC announced settlements with 16 broker-dealers, dually registered broker-dealers and investment advisers, and affiliated investment advisers in connection with their failures to maintain and preserve electronic “off-channel” communications. This announcement reflects the latest in a wave of enforcement actions against financial firms throughout the industry for their employees’ use of “off-channel” communications to conduct business. Gurbir S.