The discretion of the Securities and Exchange Commission to use its own in-house judges to hear cases was dealt a body blow on May 18 by the U.S. Court of Appeals for the Fifth Circuit. That Court determined that defendants in such cases are deprived of their Seventh Amendment right to a jury trial, and

David Wilson
David has 30+ years of experience representing a wide array of businesses and individuals in complex civil litigation, internal and government investigations, and securities enforcement matters. He also helps companies design and implement programs for international anticorruption compliance. His clients look to him as a trusted advisor who understands their businesses and looks for not only the legal, but the practical solution to problems.
David has represented clients in dozens of investigations conducted by the Securities and Exchange Commission, congressional committees, and various federal agencies, including the U.S. Department of Justice. He has led and been involved in many internal corporate investigations, including audit committee and special committee investigations. David’s skill at building trusting, professional relationships with clients and regulators alike has proven to result in effective representations and outcomes.
The Corporate Transparency Act: Congress Attempts to Stop the Shell Game
On January 1, 2021, Congress passed the National Defense Authorization Act for Fiscal Year 2021. Included among its provisions is the Corporate Transparency Act (CTA), which, in short, requires qualifying businesses to disclose so-called “beneficial owners.” The purpose undoubtedly is to root out shell companies that avoid detection, regulation or enforcement through complex, opaque ownership…