Article

Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

Law360

20 Nov 2020
Reprinted with permission.

Jina Choi, Haima Marlier, and Michael Birnbaum authored an article for Law360 covering how the Silicon Valley and tech companies could face greater scrutiny as the U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement shifts priorities under the Biden administration.

“Although many tech companies have thrived during the pandemic and delivered positive returns for their investors, the Enforcement Division will not likely show much sympathy for tech companies that find their way onto the SEC’s radar,” the authors wrote. “As new SEC leadership is installed, legal departments at tech companies, and all public companies for that matter, should focus on several core areas, in particular: whistleblowers, earnings management and risk disclosures, and insider trading – all potentially impacted by the federal courts in serving as a check on SEC enforcement.”

Andre Fontana, an associate at the firm, and Christine Beliveau, co-director of forensic accounting services, contributed to this article.

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