Morrison Foerster is an international law firm with lawyers practicing throughout the United States, Asia, and Europe. Click to discover more.

mofo_share_image.jpg

Morrison Foerster

common-default.jpeg

Terms / Notices

Cookies

Privacy Policy

Reporting Hotline

Attorney Advertising

Alumni

  Linkedin

MoFo LinkedIN

  Facebook

MoFo Facebook

YouTube

MoFo Youtube

Morrison Foerster - Footer

Insider Trading Policies & Rule 10b5-1 Plans 

You have not solved the recaptcha challenge yet or session expired, try again.

Email Disclaimer

Disclaimer

<p>Unsolicited e-mails and information sent to Morrison Foerster will not be considered confidential, may be disclosed to others pursuant to our <a href="https://www.mofo.com/about/privacy-policy.html"><u><em>Privacy Policy</em></u></a>, may not receive a response, and do not create an attorney-client relationship with Morrison Foerster. If you are not already a client of Morrison Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.</p>

Feedback

mofo-logo-2022.svg

People

Capabilities

Resources

About

Culture

Offices

Careers

Stay Connected

Join MoFo partners David Lynn and Haima Marlier who will be guest speakers on TheCorporateCounsel.net’s Insider Trading Policies & Rule 10b5-1 Plans webcast. With recent changes at the SEC that could bring greater attention to insider trading cases,

<p>Join MoFo partners David Lynn and Haima Marlier who will be guest speakers on <a target="_blank" href="https://thecorporatecounsel.net/">TheCorporateCounsel.net</a>’s Insider Trading Policies & Rule 10b5-1 Plans webcast. With recent changes at the SEC that could bring greater attention to insider trading cases, and increased attention on Rule 10b5-1 plans, it's a good time to revisit your insider trading policy & trading plans as well as your compliance training program for your insiders. This webcast will provide practical guidance about what you should be doing in this area.</p><p>Panelists:</p><ul><li><strong>Meredith Cross</strong>, Partner, WilmerHale LLP</li><li><strong>Alan Dye</strong>, Partner, Hogan Lovells LLP and Senior Editor, <a target="_blank" href="https://section16.net/">Section16.net</a></li><li><strong>David Lynn</strong>, Partner, Morrison & Foerster LLP and Senior Editor, <a target="_blank" href="https://thecorporatecounsel.net/">TheCorporateCounsel.net</a></li><li><strong>Haima Marlier</strong>, Partner, Morrison & Foerster LLP</li></ul><p>Topics:</p><ul><li>The New Enforcement Environment</li><li>Focus on Rule 10b5-1 Plans</li><li>Rule 10b5-1 Plan Considerations for Share Buybacks</li><li>Intersection of Insider Trading Policies & Rule 10b5-1 Plans</li><li>Blackout Period Trends</li><li>Pre-clearance Procedures</li><li>Pledging, Hedging & Short-Selling Transactions</li><li>Cybersecurity, Climate Change and other Materiality Considerations</li><li>Latest Developments with Compliance Training</li></ul><p>This program is complimentary for <a target="_blank" href="https://thecorporatecounsel.net/">TheCorporateCounsel.net</a> members and CLE credit is available.</p><p><a target="_blank" href="https://www.thecorporatecounsel.net/Webcast/2021/07_20/">Learn more and register</a>. </p><hr>

<p>Insider Trading Policies & Rule 10b5-1 Plans </p>

Sign Up

<p>Haima Marlier is a partner in Morrison Foerster’s Investigations + White Collar Defense Group and co-chairs its Fintech practice. Drawing on her experience as a former Securities and Exchange Commission (SEC) senior trial counsel, Haima represents public and private companies, financial services providers, and executives, directors, and other individuals in SEC, Commodity Futures Trading Commission (CFTC), Financial Industry Regulatory Authority (FINRA), state securities regulator, and internal investigations, as well as in related litigation. She has more than 20 years of experience litigating in federal, state, and administrative courts, leading complex negotiations, and representing her clients in mediation. She also counsels clients regarding securities enforcement developments, trends, and risk mitigation.</p><p>Before joining the firm, Haima spent nearly a decade in the SEC’s Division of Enforcement. While at the SEC, Haima served as lead counsel on a number of prominent enforcement litigations and investigations involving public companies, registered investment advisers, broker-dealers, banks, and individuals in matters arising under the federal securities laws. She has also worked closely with foreign securities regulators, numerous U.S. attorneys’ offices, and FINRA.</p><p>Haima is a member of <em>Law360</em>’s Securities Editorial Board, serves on the advisory board of Securities Docket, and is on the Board of Trustees of the SEC Historical Society. She mentors Penn State students of color who aspire to become lawyers and is a member of the board of directors of, and a volunteer running coach for, Girls on the Run New Jersey, a nonprofit dedicated to inspiring girls to recognize their inner physical and emotional strengths. She maintains an active pro bono practice.</p><p>Haima has been recognized by <em>Crain’s New York Business</em>’s Notable Women in Law and Notable Diverse Leaders in Law; <em>Chambers USA </em>for Crypto-Asset Disputes; <em>The Legal 500 US</em> as a recommended lawyer in Securities Litigation: Defense, Investigations and White Collar Criminal Defense, and Fintech; Securities Docket’s<em> </em>Enforcement Elite; and the <em>New York Law Journal</em> for her efforts in the diversity and inclusion space.</p><p>Haima received her J.D. from Boston College Law School and her B.A. from The Pennsylvania State University.</p><h4>Representative Experience</h4><h5>Cybersecurity</h5><ul><li>Successfully resolved an SEC investigation into a global technology solutions company’s cybersecurity risk disclosures and disclosure controls, policies, and procedures, with an acknowledgment by the SEC of the client’s significant remediation and cooperation.</li><li>Representing a global tech service management company in an SEC inquiry into its cybersecurity incidents and disclosures.</li><li>Represented numerous public companies and other clients in the SEC’s SolarWinds cybersecurity enforcement sweep.</li><li>Advising numerous public companies and SEC-registered firms on the efficacy of their cybersecurity disclosure controls and procedures and the materiality of cybersecurity incidents.</li><li>Represented a major technology company in an internal investigation into its cybersecurity statements and controls, policies, and procedures.</li></ul><h5>Fintech & Crypto</h5><ul><li>Represented a nonprofit foundation supporting a major blockchain, as well as two of its senior individuals, in an SEC investigation, with a complete termination letter issued by the SEC.</li><li>Successfully resolved an SEC crypto investigation into anti-money laundering and other compliance and monitoring programs on behalf a former senior bank executive.</li><li>Representing a leading cryptocurrency exchange platform in responding to SEC, CFTC, and state attorney general subpoenas and other requests for information.</li><li>Obtained a successful federal court settlement for a venture capital fund in a securities class action concerning an unregistered digital token offering.</li><li>Advising numerous Fintech companies, from startups to mature organizations, on securities enforcement compliance best practices and enforcement risk mitigation.</li><li>Represented a private investor in an SEC investigation related to a reverse merger involving a cryptocurrency company with no action taken by the SEC.</li></ul><h5>Artificial Intelligence</h5><ul><li>Representing a major tech company in an SEC investigation focused on AI-related disclosures and policies.</li></ul><h5>Accounting & Financial Reporting</h5><ul><li>Represented the former Chief Operations Officer of a major NASDAQ-listed food distributor in SEC and special committee investigations, with a complete termination letter issued by the SEC, as well as in related Delaware Court of Chancery litigation, which was favorably resolved.</li><li>Successfully resolved SEC and special committee investigations into related-party transaction disclosures and accounting issues, as well as related shareholder litigation, on behalf of a former CEO of a NASDAQ-listed company.</li><li>Represented an audit committee of a public company in an internal investigation resulting from a whistleblower complaint alleging accounting and disclosure issues.</li><li>Represented a leading public company in an internal investigation resulting from a whistleblower complaint alleging accounting and disclosure issues.</li></ul><h5>Other Securities Enforcement Matters</h5><ul><li>Represented the former CEO of a major company listed on the New York Stock Exchange in an SEC insider trading investigation with no action taken by the SEC.</li><li>Represented an individual in an SEC investigation concerning the “pay-to-play” rule.</li><li>Represented a private investment fund in a COVID-19 related SEC insider trading investigation with no action taken by the SEC.</li><li>Represented a broker-dealer in a for-cause FINRA examination into anti-money laundering and other issues.</li><li>Represented a leading international company in government investigation into pharmaceutical drug pricing.</li><li>Represented a biotech company in a Massachusetts Securities Division investigation concerning securities registration exemptions and representations to investors regarding securities registration with no action taken by the state regulator.</li><li>Obtained a successful resolution for a pre-IPO biotech company in a wrongful termination lawsuit brought by a co-founder and former CEO terminated by the board of directors.</li><li>Represented the SEC in all stages of federal and administrative proceedings, including at trial and on appeal, in matters involving violations of the federal securities laws.</li></ul>

Haimavathi Marlier

Partner

Capital Markets

Securities Litigation

Securities Enforcement

Insider Trading Policies & Rule 10b5-1 Plans  - 574849931

Insider Trading Policies & Rule 10b5-1 Plans

20 Jul 2021 5:00 PM - 6:00 PM EDT