Whatever your line of business, the federal government is there. Sooner or later your business will encounter a federal regulatory agency. The key is to be in front of agency initiatives, which is where this Third Annual Dorsey Federal Enforcement Forum will put you. This year’s Forum will focus on four key areas of federal enforcement:
- CFPB & Financial Services – the increasingly aggressive stance of the CFPB in consumer related actions
- CFTC and FERC – the far reaching market manipulation investigations, actions, and new insider trading cases being brought by these regulators
- SEC – an analysis of the potentially landmark Supreme Court decision on insider trading and the focus of the agency on private equity and investment advisers
- DOJ & EPA, Environmental – the increasing liability of firms and their executives
9:30 am – 2:10 pm PT
10:30 am – 3:10 pm MT
11:30 am – 4:10 pm CT
12:30 pm - 5:10 pm ET
Register by Monday, November 28, 2016
12:30 pm – 12:35 pm – Welcome
12:35 pm – 1:35 pm – Panel I
1:35 pm – 1:45 pm – Break
1:45 pm – 2:45 pm – Panel II
2:45 pm – 2:55 pm – Break
2:55 pm – 3:55 pm – Panel III
3:55 pm – 4:05 pm – Break
4:05 pm – 5:05 pm – Panel IV
5:05 pm – 5:10 pm – Wrap-Up
Panel I: Financial Services Enforcement—the Impact of the CFPB and the PHH Corp. Decision
Prior to the creation of the CFPB, enforcement actions targeting banks and financial services firms were generally limited to cease and desist orders. In the five years since its inception, the CFPB has announced that it has collected over $11 billion in civil money penalties from its enforcement actions. This panel will explore this significant change in approach, including the reaction by the prudential regulators. In addition, the panel will address the recent D.C. Circuit’s decision (PHH Corp. et al. v. CFPB) regarding the unconstitutionality of the CFPB ruling and the impact of this ruling on financial services enforcement.
Panel II: CFTC/FERC Enforcement
In 2016, FERC and CFTC expanded their enforcement reach in the market manipulation area and, for the first time, brought an insider trading case. FERC is also imposing significant civil penalties and banning traders from the markets. This panel will analyze these key FERC and CFTC enforcement trends and discuss their limitations, putting you out in front of these key trends.
Moderator: Joseph Hall, Partner & Co-Chair of Energy Industry Group, Dorsey & Whitney LLP
Thomas O. Gorman, Partner, Dorsey & Whitney LLP and former SEC Enforcement Official
Shaun D. Ledgerwood, Principal, The Brattle Group
Panel III: Key Issues in SEC Enforcement
Public companies, private equity, investment advisers, brokers and others who are regulated by, or deal with, the SEC can be impacted by the agency. Understanding key trends regarding the direction of its enforcement program today and, more importantly tomorrow, is critical. This year, the panel will focus on the pending Supreme Court decision on insider trading which has the potential to rewrite insider trading enforcement, recent enforcement actions against private equity firms and investment advisers, and the future direction of the enforcement and inspection programs to ensure that you know today what will be critical for business decisions tomorrow.
Moderator: Thomas O. Gorman, Partner, Dorsey & Whitney LLP and former SEC Enforcement Official
Genna Garver, Of Counsel and Chair of Investment Management Group, Dorsey & Whitney LLP
Paul Glenn, Special Counsel, Investment Advisers Association
David Lipton, Professor of Law, Columbus School of Law, Catholic University of America
Panel IV: Environmental Enforcement
Corporate liability for environmental violations remains a key issue of concern for companies across industry sectors. With a growing focus on holding management responsible for a company’s actions, management must take proactive steps to build a compliance structure and be able to respond quickly to accidents, investigations and heightened scrutiny. The panel will carefully analyze these trends to put you ahead of the curve and ahead of agency enforcement.
Moderator: Jim Rubin, Partner, Dorsey & Whitney LLP
Doug Parker, President, E&W Strategies Group, formerly Director of EPA’s Criminal Investigation Division
We will apply for CLE credit in Colorado, Iowa, Minnesota, North Dakota, Oregon, Utah and Washington. Dorsey is an Accredited CLE Provider in California and New York, and this program will be CLE accredited in those states. For any other state, Dorsey will not be applying for CLE credit, however, participants are welcome to apply for or claim credit according to their jurisdiction's regulations.