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 First Annual Dorsey Federal Enforcement Forum puts you. The Forum includes three panels of highly experienced practitioners who discuss the SEC's Financial Fraud Task Force; EPA's information collection authorities and how to respond when you receive an EPA request for information; and FERC' and the CFTC's enforcement actions in the energy markets.
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NOTE: Watching this recording does not allow the user to obtain CLE, CPD, CPE or HR credits.
Panel I: The SEC’s Financial Fraud Task Force: Avoiding A Subpoena Through Effective Compliance
(NOTE: Panel I Begins at 0:00:00)
Bringing major financial fraud actions against issuers and their top executives has long been an SEC Enforcement priority. While that waned during the financial crisis, the SEC is now poised with an expanded arsenal of weapons and a new “Big Data” approach to return to its glory days by launching financial fraud investigations and actions targeted against corporate America and senior executives. This panel analyzes the traditional SEC approach to these cases and how it will be combined with “Big Data” to give you the inside edge on how these investigations will be conducted, permitting your company to be ahead of the curve and take effective compliance steps to avoid a subpoena.
- Moderator: Thomas O. Gorman, Partner, Dorsey & Whitney LLP and former SEC Enforcement Official
- Howard Scheck, Partner, KPMG and former SEC Chief Enforcement Accountant
- Raymund Wong, Senior Economic Consultant, NERA Economic Consulting
- Donald C. Langevoort, Thomas Aquinas Reynolds Professor of Law at Georgetown University Law Center
Panel II: EPA Information Collection Requests and What to Do When You Receive One
(NOTE: Panel II Begins at 1:07:03)
This panel discusses EPA’s statutory authority to collect information from regulated entities, your obligations and rights when you receive such a request, and options for responding and managing the provision of information. The panel focuses on EPA’s authority under the Clean Air Act as a representative example, and includes discussion of EPA’s policy, sharing of information with law enforcement officials, relevant case law, and issues relating to disclosure of confidential business information and other protected information responsive to a request.
- Moderator: Thomas Lorenzen, Partner, Dorsey & Whitney LLP
- Seema Kakade, EPA Office of Enforcement and Compliance Assurance
- Thaddeus Lightfoot, Partner, Dorsey & Whitney LLP
- Caroline B. Sweeney, Global Director, E-Discovery & Client Technology Services, Dorsey & Whitney LLP
Panel III: The New FERC' and CFTC Market Manipulation Cases – Effective Compliance
(NOTE: Panel III begins at 2:06:43)
FERC' and the CFTC have taken very aggressive, and sometimes conflicting, positions in bringing market manipulation cases. Those cases present significant questions regarding the jurisdiction of each agency and what constitutes manipulation, making effective compliance difficult. This panel analyzes critical cases and initiatives by each agency and distills the critical points necessary to build effective compliance programs.
- Moderator: Joseph Hall, Co-Chair of Dorsey & Whitney's Energy Industry Group, Dorsey & Whitney LLP
- Dena Wiggins, President and CEO, Natural Gas Supply Association
- Shaun D. Ledgerwood, Principal, The Brattle Group
- Thomas O. Gorman, Partner, Dorsey & Whitney LLP