The SEC has announced that Nikola Corporation, a publicly traded company created through a special purpose acquisition company transaction, has agreed to pay $125 million to settle charges that it defrauded investors by misleading them about its products, technical advancements, and commercial prospects. The settlement follows the SEC’s litigated action […]
Compliance
SEC Proposes Amendments Regarding Rule 10b5-1 Insider Trading Plans and Related Disclosures
Rule 10b5-1 formalizes a defense that has always been available to the corporate insider accused of trading on inside information – I ordered the sale of the stock before I knew of any such information, and therefore I could not have traded on the information. Of course, the Rule, and […]
SEC Adopts Amendments to Finalize Rules Relating to the Holding Foreign Companies Accountable Act
The Securities and Exchange Commission today adopted amendments to finalize rules implementing the submission and disclosure requirements in the Holding Foreign Companies Accountable Act (HFCAA). The rules apply to registrants the SEC identifies as… Read the Full Press Release Have a securities law question? Call New York Securities Lawyers at […]
SEC Subpoena, FINRA OTR – What do I do?
The SEC Serves a Subpoena, or FINRA wants an OTR. Now what? By Mark J. Astarita, Esq. Introduction to SEC Subpoenas If you are served with an SEC Subpoena, or just receive a letter or telephone call from the SEC or FINRA 8210 Request, that call or subpoena is a […]
Robinhood Security Breach Exposes Data on Millions of Users
According to Bloomberg, the intruder obtained email addresses of about 5 million people as well as full names for a separate group of about 2 million, Robinhood said Monday in a statement. For some customers, even more personal data was exposed, including names, birth dates and ZIP codes of about 310 people, […]
SEC Modernizes Filing Fee Disclosure and Payment Methods
The Securities and Exchange Commission today adopted amendments to modernize filing fee disclosure and payment methods. Operating companies and investment companies (funds) pay filing fees when engaging in certain transactions, including registered… Read the Full Press Release Have a securities law question? Call Sallah Astarita & Cox at 212-509-6544.
Forms 3, 4 and 5
What is a Form 3? The federal securities laws require certain individuals (such as officers, directors, and those that hold more than 10% of any class of a company’s securities (“insiders”) to report purchases, sales, and holdings of their company’s securities by filing Forms 3, 4, and 5. When a […]
Here They Come – Trader Settles SEC Charges Regarding “Meme Stocks”
It didn’t take long for the SEC to target meme stock traders. The SEC filed charges in New Jersey alleging that the defendant became aware of the increased market volume and volatility driven by so-called “meme stocks” – stocks that were being actively promoted on social media platforms. He allegedly […]
Subprime Automobile Finance Company Charged with Fraud
The Securities and Exchange Commission today announced fraud charges against two former executives of a subprime automobile finance company for misleading investors about the subprime automobile loans that backed its $100 million offering. The SEC’s complaint, filed in U.S. District Court for the Northern District of Illinois, alleges that James […]
Former Pharmaceutical Global IT Manager Settles SEC $8 Million Insider Trading Case, Criminal Case Still Pending
The Securities and Exchange Commission today announced insider trading charges against Dayakar R. Mallu, of Orlando, Florida, who generated gains and avoided losses totaling over $8 million by trading in the securities of his former employer, Mylan N.V., ahead of four public announcements between Oct. 3, 2017, and July 29, […]