Bass, Berry & Sims attorneys Britt Latham and Brian Irving authored an article that was published in The D&O Diary that outlined and discussed the most important trends and developments related to SEC investigations and enforcement proceedings impacting the industry this past year and likely to impact the industry in the coming year. The article includes a discussion of lessons learned from the first year of the Trump administration. 

The authors also point to disgorgement as another topic with a changing landscape, with the Supreme Court ruling in Kokesh v. SEC that disgorgement claims are subject to a five-year statute of limitations for enforcing fines, penalties or forfeitures. Other issues to watch in 2018 include:

  • Continued SEC enforcement and whistleblower claims
  • Constitutionality of administrative proceedings as the Supreme Court weighs Lucia v. SEC
  • Duty to disclose known trends and uncertainties as argued in Leidos, Inc. v. Indiana Public Retirement System
  • Future of Dodd-Frank

The full article, “Guest Post: SEC Enforcement Still Strong Under Trump – What’s Next?,” was published by The D & O Diary on March 14, 2018 and is available online.