Recent insights
Second Circuit Limits Criminal Restitution Orders Under the Mandatory Victims Restitution Act: Expenses Associated With SEC Investigations Are Not Recoverable
On Feb. 25, 2022, the U.S. Court of Appeals for the Second Circuit held in United States v. Afriyie that restitution orders under the Mandatory Victims …
FinCEN Warns of Russian Sanctions Evasion Attempts and Provides Guidance for Increased Vigilance
On March 7, 2022, the Financial Crimes Enforcement Network (FinCEN) of the Treasury Department published guidance on increased vigilance for potential …
The SEC’s New Proposed Rule To Regulate Credit Derivatives and Other Security-Based Swaps Raises Practical Concerns for the Industry and May Exceed the SEC’s Authority
On Dec. 15, 2021, the U.S. Securities and Exchange Commission (SEC or Commission) proposed Rule 240.9j-1 (the Rule), intended “to prevent fraud, …
Diversity in the Boardroom: A Litigation and Governance Update
As noted in previous client alerts (including here), boardroom diversity continues to be an increasing focus of stakeholders ranging from legislators to …
SEC Proposes New Rules Aimed at Increasing Short Sale Transparency
On Feb. 25, 2022, the Securities and Exchange Commission (SEC) proposed several new rules with the goal of increasing transparency around short selling. …
Class actions in France: the future is still uncertain
Landmark Australian class actions book launches third edition
Seventh Circuit Denies the Enforceability of Boeing’s Forum-Selection Bylaw, Reviving Derivative Suit
As discussed in a previous client alert (here), The Boeing Company (Boeing) has faced shareholder litigation arising from the fatal crashes of two 737 …
Merricks v Mastercard: the litigation risks for the financial services sector
Creating Circuit Split, Fifth Circuit Rules District Court May Hear Constitutional Challenge to SEC Enforcement Action
On Dec. 13, 2021, an en banc panel of the Fifth Circuit held that the Securities Exchange Act of 1934 (Exchange Act) does not preclude federal district …
New York Court of Appeals Rules That $140 Million Disgorgement Payment to SEC Is Not an Uninsurable ‘Penalty’
On Nov. 23, the New York Court of Appeals held in a 6-1 ruling that an investment firm’s $140 million disgorgement payment to the Securities and …
New SEC Enforcement Division Director Signals Policy Shifts, Including Potential Emphasis on Admissions of Wrongdoing
In a recent speech at the Practising Law Institute’s annual SEC Speaks conference, Gurbir Grewal, the new director of the Division of Enforcement …
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Key contacts
Jason Betts
Partner, Head of Class Actions, Asia and Australia, Sydney
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Damian Grave
Partner, Melbourne
Natasha Johnson
Partner, London
Harry Edwards
Partner, Melbourne
Kim Dietzel
Partner, London and Brussels
Ruth Overington
Partner, Melbourne