Doug Cornelius on compliance for private equity real estate
The use of administrative law judges by the Securities and Exchange Commission has been strained since the jurisdiction was expanded under Dodd-Frank. There have been a series of cases challenging the ALJs under the the Appointments Clause of the Constitution. The problem was that the judges were appointed by an internal panel instead of by the … Read more »
Commissioners Hester M. Peirce and Robert J. Jackson, Jr. are, According to Jay Clayton’s math the 96th and 97th Commissioners of the Securities and Exchange Commission after being sworn in last week. It’s been two years since the SEC has been at full strength. Perhaps this means that rule-making will proceed ahead. Based on the … Read more »
These are some of the compliance-related stories that recently caught my attention. Five Things to Think About Before a Surprise SEC Exam by Joshua M. Newville, Robert E. Plaze, Christopher Wells and Alexandra V. Bargoot If a team from the SEC arrives at your office and says, “We are conducting an on-site examination and would … Read more »
Immigration and citizenship employee compliance requirements are fairly straightforward, although awkward. You can’t usually ask whether or not a job applicant is a United States citizen before making an offer of employment. But you do need to verify the identity and employment eligibility of all employees, by completing the Employment Eligibility Verification (I-9) Form, and … Read more »
I’ve just come inside after digging out from yesterday’s blizzard. These are some of the compliance-related stories I’m going to read by the fire. Is Bitcoin Really in a Bubble? in Knowledge@Wharton [T]he cryptocurrency community is divided on whether bitcoin is a “side show or the show.” However, he believes that the “fundamental breakthrough is … Read more »
After a long weekend, and perhaps a vacation, compliance professionals are coming back into the office with 2018 on the calendar. It’s a clean slate. The possibilities are endless. Where to start? I don’t have the answer. There is so much to get done and so many challenges ahead. No organization has has the same … Read more »
Wishing you joy in this last week of 2017, from my family to yours. Read more »
These are some of the compliance stories that recently caught my attention. American Law Enforcement’s Focus on Cooperation and Self-Reporting by Lee S. Richards More recently, law enforcement officials, anxious to improve the effectiveness of their programs, have placed even greater emphasis on the need for companies to rush in to disclose problems they have … Read more »
There is too much money in a politics. I understand the Securities and Exchange Commission’s desire to purge political contributions from the investment adviser business for state and local government money. But I’ve never been a fan of Rule 206(4)-5, the pay-to-play rule. It’s continuing to ensnare companies in ways that highlight problems with the rule … Read more »
A few months ago, Securities and Exchange Commission Chairman Jay Clayton stated that the SEC had been hard at work on developing its rule-making agenda for the upcoming year. In the coming weeks and months, I expect the SEC’s near-term rulemaking objectives to be fully reflected in our upcoming Regulatory Flexibility Act Agenda. As a … Read more »