James P. McLoughlin, Jr., Neil T. Bloomfield, and Frank E. Schall issued a Client Advisory titled "Timely Disclosure of Investigation Loss Contingencies: The SEC’s Aggressive Enforcement Stance." The Advisory discusses SEC v. RPM International, Inc., No. 16-01803 (D.D.C. filed Sept. 9, 2016), in which the SEC has pushed its aggressive litigation strategy in pursuit of its policy of compelling registrants to accelerate loss contingency disclosures. The SEC filed against RPM International, Inc. and its general counsel, Edward Moore, alleging the failure to disclose a material loss contingency and record an accrual as a result of the filing of a qui tam complaint against RPM and a subsidiary and a resulting Department of Justice investigation. RPM International doubles down on the SEC’s effort to require earlier disclosures of loss contingencies based upon internal evaluations without waiting for the classic internal triggers of a government demand or notice of a pending action by the government. Click to read the full Client Advisory.
MemberFrank has extensive experience conducting internal investigations for clients in the United States and abroad pertaining to a wide range of issues. He strives to develop creative solutions and strategic approaches when ...
MemberJim has dedicated his career to winning civil and criminal cases. He has litigated for clients in state court, federal court, and in arbitration across the country. He has litigated over 40 state and federal appeals. Jim advocates for ...
MemberNeil regularly represents clients with responses to inquiries by Federal (e.g. CFTC, DOJ, OCC, FRB, SEC, IRS, and various U.S. Attorney's offices), State (e.g. the North Carolina Attorney General and other state Attorneys ...
About MVA White Collar Defense, Investigations, and Regulatory Advice Blog
As government authorities around the world create a constantly evolving regulatory environment, conduct overlapping investigations, and bring parallel proceedings, companies are facing perhaps the most challenging regulatory and criminal enforcement environment. Moore & Van Allen has created this blog to help keep our clients up to date in these fast-moving areas and to serve as a thought leader as regulations and enforcement policy continue to develop. Our blog is a combined effort of Moore & Van Allen’s White Collar Defense and Investigations Team and our Financial Regulatory Advice and Response Team.
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