Targeting Execs Could Hurt SEC's Probusiness Goals

22 Sep 2025
Client Alert

Jordan Eth and Emani Walks published an article in Law360 entitled “Targeting Execs Could Hurt SEC's Probusiness Goals,” analyzing the U.S. Securities and Exchange Commission’s recent shift toward holding individual executives accountable in enforcement actions. The article discusses that while the policy is framed as pro-business, targeting individuals could actually increase costs, create internal divisions, and complicate recruiting and retention. The authors also highlight risks for directors and officers, including reputational harm, career consequences, and challenges related to indemnification, insurance, and privilege. Ultimately, the article questions whether this focus aligns with the SEC’s stated goals of efficiency and business-friendly regulation.

Read the full article.

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.