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inSecurities

Practising Law Institute

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PLI’s in-depth podcast examining changes to securities rules, regulations, and cases from a practitioner’s perspective in both law and accounting.
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We are fielding many questions about what regulatory and enforcement priorities will emerge in the next administration. On this episode of the inSecurities podcast, Chris and Kurt look back at several episodes from 2024 to see how they might help us understand what lies ahead. In particular, Chris and Kurt consider: What will become of the SEC? Wil…
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Former SEC Director of Enforcement Gurbir Grewal joins the inSecurities podcast to discuss the Division of Enforcement’s Annual Results for Fiscal Year 2024. He delves into the enforcement priorities that are expected to continue into the next administration, as well as new priorities that may emerge. Additionally, Gurbir reflects on his legacy as …
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Chris and Kurt returned to Securities Docket's Securities Enforcement Forum to catch up on the latest developments and trends in the SEC enforcement space. On this episode of inSecurities they share key takeaways from a panel that focused on the impact of the Presidential election, a keynote address from Acting Director of Enforcement Sanjay Wadhwa…
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Adam Liptak, Supreme Court Reporter for the New York Times, joins the inSecurities Podcast to talk about recent SCOTUS decisions that impact the U.S. Securities and Exchange Commission and other administrative agencies, including a look at how the fall of Chevron will impact administrative agencies in the near term. Related CLE Program: You may als…
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We revisit a favorite topic here on the inSecurities podcast — Ponzi schemes — but with a practicing attorney and author who literally wrote the book on Ponzi: Kathy Phelps, partner at Raines Feldman Littrell LLP. Chris and Kurt discuss some of the more technical aspects of the law and accounting that come into play after a Ponzi scheme has collaps…
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On this episode of the inSecurities podcast, Chris and Kurt visit again with George Wilson, Director of PLI’s SEC Institute, to discuss highlights from the SECI Quarterly Newsletter. George highlights key takeaways from PCAOB’s 2023 inspection reports, CorpFin’s statements on cybersecurity incident disclosures, litigation challenging the SEC’s clim…
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With Kurt absent this week, Chris discusses current developments at the SEC with Sandra Hanna, who leads the securities enforcement practice at Steptoe. They discuss the short term impacts of Jarkesy, how 102(e) actions are evolving in real-time, the state of ESG enforcement after the disbanding of the Task Force, and what the SEC might look like i…
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Chris and Kurt sit down with Erica Williams, Chair of the Public Company Accounting Oversight Board (PCAOB). Chair Williams talks about her journey to the Chair’s office, the PCAOB’s rulemaking agenda, and the role of PCAOB inspections and enforcement. She also shares key takeaways from the PCAOB’s Sign up for email updates on the inSecurities podc…
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In this special crossover episode with PLI’s Pursuing Justice podcast, hear about how pro bono clinics can help vulnerable investors protect their hard-earned retirement funds and nest eggs. Chris and Kurt are joined by Alicia Aiken, Director of the Danu Center’s Confidentiality Institute and host of PLI’s podcast Pursuing Justice: The Pro Bono Fil…
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On this episode of the inSecurities podcast, Chris and Kurt sit down with Cliff Kirsch, a partner at Eversheds Sutherland and Chair of the PLI program “The SEC at 90: A Celebration and Retrospective.” Cliff shares some of his key takeaways from this half-day PLI program aimed at celebrating the past, examining the present, and looking to the future…
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On this episode of the inSecurities podcast, Chris and Kurt discuss recent U.S. Supreme Court decisions that will have profound impacts for the SEC and other agencies. First, our co-hosts discuss the Jarkesy case, which held that defendants in SEC enforcement proceedings have a Constitutional right to have fraud cases heard by a jury. Next, Chris a…
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This episode of the inSecurities podcast features a roundtable with pro bono experts who discuss the need for law school clinics that represent retail investors in FINRA arbitrations. Nicole Iannarone, Associate Professor of Law at Drexel University Thomas R. Kline School of Law, and Christine Lazaro, Professor of Clinical Legal Education and Direc…
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SEC Chair Gary Gensler joins the inSecurities podcast to talk about how he and the Commission engage with the public, his efforts to build trust in the US capital markets, and the role of the SEC in protecting investors. Chair Gensler also discusses the SEC’s role with respect to cryptocurrencies (or “digital asset securities”) and tells us why US …
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Erik Hotmire, Co-Founder of the consulting firm Watermark Strategies, joins the inSecurities podcast to discuss key characteristics of successful corporate affairs strategies. Erik tells Chris and Kurt how he draws on his experience as former spokesperson and Senior Advisor to the Chairman of the SEC in developing bespoke strategies for clients, an…
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Alex Platt, an Associate Professor at the University of Kansas School of Law, joins the inSecurities podcast to discuss his latest research paper, which documents the involvement of activist short sellers in the SEC whistleblower bounty program. Professor Platt explains why this phenomenon may undermine the SEC’s goal of rooting out and deterring m…
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Award-winning journalist Diana Henriques has spent her career covering financial markets, white collar crime, and market regulation. She joins Kurt and Chris to discuss her recent book, Taming the Street: The Old Guard, the New Deal, and FDR’s Fight to Regulate American Capitalism, which chronicles the decade following the 1929 stock market crash, …
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In April 2024, the SEC prevailed on insider trading charges against Matthew Panuwat, relying for the first time on a theory known as “shadow trading.” Nick Morgan of ICAN and Steve Cazares of Orrick join the inSecurities Podcast to discuss an amicus brief ICAN submitted in the Panuwat litigation, policy arguments against the “shadow trading” theory…
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George Wilson, Director of PLI’s SEC Institute (SECI), joins the inSecurities podcast — for a record ninth time! — to discuss highlights from the recent SECI Quarterly Newsletter (sign up HERE), including the SEC’s final climate disclosure and SPAC accounting rules, and recent developments at the Public Company Accounting Oversight Board (PCAOB) an…
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Check out this recap of PLI’s program, the SEC Speaks in 2024, which Chris attended in-person in Washington DC. He provides his thoughts on the topics discussed by SEC staff as a part of the program, as well as conducting some on-the-street interviews with attendees and PLI staff. You can learn more about the program at the link below, as well as s…
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Dr. Kelly Richmond-Pope has been a thought leader in the forensic accounting space for more than a decade. She joins Chris to discuss her accounting origin story, her academic research as a professor at DePaul University in Chicago, and her side gigs as a filmmaker and author, having produced and directed the 2013 documentary All the Queen’s Horses…
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Matt Walsh, Founding Partner of Castle Island Ventures, a venture capital firm focused exclusively on public blockchains, joins the inSecurities podcast to talk about the regulatory landscape and market structure challenges for entrepreneurs who are building #blockchain infrastructure and application companies. Matt also tells Chris and Kurt about …
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On this episode of the inSecurities podcast, Chris and Kurt tackle commodities enforcement. Jamie McDonald, a Partner at Sullivan & Cromwell and a former Director of Enforcement at the Commodity Futures Trading Commission, and Avi Perry, a Partner at Quinn Emanuel Urquhart & Sullivan and a former Chief of the Market Integrity and Major Frauds Unit …
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Josh Rubin, Vice President of Legal at Betterment, joins the inSecurities podcast to discuss Betterment’s view of the regulatory landscape. Josh explains how Betterment navigates the sometimes overlapping rules and regulations of the SEC, FINRA, DOL, IRS, FDIC, and CFPB — then tells Chris and Kurt why Betterment doesn't always line up with the rest…
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Anne Kelley joins the inSecurities Podcast to unpack the federal agency appropriations process. Anne is a Partner at the legislative consulting firm, Mercury Strategies. Before joining Mercury Strategies, Anne served as a political appointee at the SEC where her work spanned five Administrations and nine SEC Chairs and Acting Chairs. On this episod…
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On this episode of the inSecurities podcast, Chris and Kurt chat with Martha Legg Miller, the Vice President of Public Policy and Regulatory Strategy at Fidelity Investments and former Director of the SEC’s Office of the Advocate for Small Business Capital Formation. Martha talks about the role of the Advocate for Small Business Capital Formation, …
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Perianne Boring, the Founder and CEO of the Chamber of Digital Commerce, joins the inSecurities Podcast to explain why 2024 will be “the year crypto goes mainstream.” Chris, Kurt, and Perianne chat about the history and mission of The Chamber, the digital assets crypto and regulatory environment, and Perianne’s 2024 outlook for crypto.…
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Brett Redfearn, a former Director of the SEC’s Division of Trading and Markets and the Founder and CEO of Panorama Financial Markets Advisory, joins the inSecurities podcast to discuss the Commission’s approach to rulemaking and its recent Predictive Data Analytics (PDA) rule proposal.بقلم Practising Law Institute
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Quinn Emanuel partners Michael Liftik, Sarah Heaton Concannon, and Dabney O’Riordan join this special episode of the inSecurities Podcast to unpack the SEC Division of Enforcement’s Annual Report, which was released on November 14, 2023. Kurt and the expert panel discuss the Division’s motivation to post impressive enforcement statistics and grab h…
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Vinson & Elkins partner Rebecca Fike joins the inSecurities podcast to talk about insider trading, the SEC’s use of artificial intelligence and data analytics to root out misconduct, and the Enforcement Division’s focus on reporting and disclosure cases, including Environmental, Social, and Governance (ESG) reporting. She also explains how the Comm…
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Miller & Chevalier Partner Sandra Hanna returns to the inSecurities podcast to discuss key takeaways from the Securities Enforcement Forum 2023. Sandra and Kurt talk about SEC Chair Gary Gensler’s remarks at the conference, which covered the SEC’s annual enforcement results, crypto enforcement, and the SEC whistleblower program. They also dive into…
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After their discussion on CFTC enforcement, Kurt and CFTC Commissioner Caroline D. Pham discussed the current state of crypto regulation in the United States and the CFTC’s role in policing the digital assets marketplace. Tune in for the second installment of Commissioner Pham’s interview on the inSecurities podcast. For more insights from Commissi…
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Commissioner Caroline D. Pham of the Commodity Futures Trading Commission joins Kurt on the inSecurities podcast to talk about the CFTC’s regulatory mandate, the role of CFTC enforcement, and the perils of what she calls “examination by enforcement.” Among other things, Commissioner Pham stresses the deterrent effect of holding wrongdoers accountab…
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They’ve been waiting all year long just to talk to George. On this episode of the inSecurities podcast, Chris and Kurt sit down again with SEC Institute Director George Wilson to discuss recent SEC reporting, compliance, and accounting developments, including recent signals from the SEC’s Chief Accountant Paul Munter, the state of play in crypto ac…
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On this episode of the inSecurities podcast, Chris and Kurt chat with SEC Commissioner Mark T. Uyeda about the state of the U.S. capital markets, Commissioner Uyeda’s views on the SEC rulemaking process, and “the perils of regulation by theory and hypothesis.”بقلم Practising Law Institute
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In July 2023, the SEC proposed new rules that would require broker-dealers and investment advisers to address conflicts of interest that could arise from their use of predictive data analytics. On this episode of the inSecurities podcast, Chris and Kurt welcome back Professor James Tierney to talk about the proposed data analytics rule and Professo…
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J.W. Verret, an Associate Professor of Law at the George Mason University Antonin Scalia Law School and a long-time friend of the inSecurities podcast, sits down with Chris and Kurt to discuss his new paper “Disgorgement Accounting After Liu v. SEC in Securities Enforcement Cases.” Professor Verret’s article is the first to link Liu’s directives on…
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Nick Morgan, a Partner at Paul Hastings and Founder of the Investor Choice Advocates Network (ICAN), joins the inSecurities podcast to discuss the dangers of “regulation by enforcement.” Nick, Chris, and Kurt consider two amicus briefs ICAN filed that underscore the important differences between the traditional notice-and-comment rulemaking process…
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On this episode of the inSecurities podcast, Chris and Kurt chat with Bryan Corbett, who serves as President and CEO of the Managed Funds Association, a Washington, D.C.-based industry group representing the alternative asset management industry. Bryan describes the role and advocacy work of the MFA, and discusses potential consequences of an unpre…
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The inSecurities Accounting Summer School series returns with this “remedial” course on fundamental accounting principles from the “House of GAAP.” On this episode, Chris and Kurt break down the “matching principle” and “conservatism,” and talk about what can happen when companies get it wrong.بقلم Practising Law Institute
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Chris and Kurt catch up with Jennifer Leete, partner at Cravath, Swaine & Moore and author of the newly updated SEC Compliance and Enforcement Answer Book from PLI Press. In the Answer Book, Jennifer and her co-authors draw on their extensive experience serving on the staff at the SEC to answer hundreds of real-world questions on topics such as coo…
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On this episode of the inSecurities podcast, Chris and Kurt dive into the ever-evolving world of insider trading. This episode picks up on themes our co-hosts addressed back on Episodes 4 (A Deep Dive Into Insider Trading) and 38 (Forensic Analytics: Algorithms and Analysis in Securities Markets), and brings listeners current on new trends and deve…
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In recognition of Mental Health Awareness Month, Chris and Kurt revisit one of their favorite “off beat” episodes: On the Path to Well-Being: Expert Perspectives for Attorneys and Accountants. On this episode of the inSecurities podcast Chris and Kurt explore about some of the challenges many attorneys and accountants face, and how they can set out…
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Summer blockbuster season is right around the corner. On this episode of the inSecurities podcast, Chris and Kurt talk about three movies that hit on a number of the securities regulatory and enforcement themes that often feature on inSecurities. Hang in for the final act, when Chris previews a financial crisis-era movie that might not be on your s…
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On this episode of the inSecurities podcast, Chris and Kurt revisit Episode 47 (“Whistleblower Tips: Advice From a Former Chief of the SEC’s Whistleblower Office”), on which Jane Norberg, a partner at Arnold & Porter who previously served as the Chief of the SEC’s Whistleblower Office, discussed the SEC’s whistleblower program and how companies can…
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George Wilson, the Director of PLI’s SEC Institute, joins the inSecurities podcast to talk about the recent Compliance and Disclosure Interpretations (C&Dis) — or as George likes to call them, “candies” — issued by the SEC’s Division of Corporation Finance, as well as changes in leadership at the SEC, the FASB’s take on crypto accounting, and amend…
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On this episode of the inSecurities, Dabney O’Riordan, a partner at the law firm Quinn Emanuel and a former head of the SEC Enforcement Division’s Asset Management Unit (AMU), discusses the enforcement focus on private funds, registered investment advisers, and broker-dealers. She also explains the Enforcement Division’s focus on compliance with re…
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SEC Commissioner Jaime Lizárraga joins the inSecurities podcast to talk about his road to becoming an SEC Commissioner and the core values he brings to the role. Commissioner Lizárraga also offers his thoughts on the SEC’s investor protection mandate, recent SEC proposals, digital asset securities, and diversity, equity, and inclusion (DEI). Commis…
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On this episode of the inSecurities podcast, Chris and Kurt sit down with Joshua Rivera, General Counsel of Blockchain Capital and a member of Blockchain Association’s Board of Directors, to learn about the state of the crypto markets and how the SEC’s positions on staking, registration requirements, and the custody rule may impact the digital asse…
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