Denying Black Musicians Their Royalties Has a History Emerging Out of Slavery

Professors Olufunmilayo Arewa of Temple Beasley School of Law, and Matt Stahl of Western University examine racialized contracting and accounting in the recording industry. Their work traces the origins of industry-wide discriminatory practices back to the days when African American slaves were systematically oppressed, controlled, and denied their rights of ownership to any form of property, be it tangible or intangible.

SEC and DOJ Target Insider Trading on the Dark Web

A high profile action brought recently by the SEC and DOJ against a SpaceX engineer exemplifies the federal government’s ability to monitor the dark web, despite its anonymity. Regardless of the difficulties in monitoring for sensitive information disseminated on the dark web, companies need to take proactive, prophylactic steps to help minimize the danger that company insiders will misuse access to material nonpublic information.

The Compliance Monthly: The Outlook for Enforcement Actions Under a Biden Administration

There was a perception in 2017 when then President-elect Trump took office that white collar enforcement actions under the US Department of Justice (DOJ) might drop dramatically. Many expected the Republican administration to effect policy changes or resourcing decisions that would keep corporations out of the spotlight when it came to major investigations and massive penalties. But, in surveying the last four years, the opposite happened.

The Compliance Monthly: Fraud Emerges as Telemedicine Surges – Compliance Guidance for Telemedicine Providers

Telemedicine providers should examine the type of conduct DOJ has recently
focused on and adapt their compliance systems accordingly. Providers should also consider the
cybersecurity dimension of a robust compliance system and ensure that their network is
protected from malicious cyber actors.

SEC Disgorgement Lives to See Another Day After Supreme Court’s Liu v. SEC Ruling

US Supreme Court

On June 22, 2020, in Liu v. SEC, the Supreme Court affirmed in an 8-1 ruling that the Securities and Exchange Commission may continue to pursue disgorgement awards under the federal securities law provided that the award is capped at the defendant’s net profits, and further, provided that the award is made for the benefit of wronged investors. In so holding, the Court struck a middle ground by narrowly preserving one of the most powerful enforcement mechanisms available to the agency but limiting the awards more closely than the awards the SEC has sought over the years.