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.