With a new incoming chairman and a new administration, issuers, registrants and other participants in the securities markets are eager to understand the enforcement agenda that the SEC will pursue. Much speculation has understandably focused on anticipating the Division of Enforcement's substantive priorities under new leadership: What will happen to the pending cases against crypto companies? Will the enforcement sweep involving text message records continue? Will the division continue to investigate — and sue — victims of cyberattacks?
But for those who find themselves in the Enforcement Division's sights, just as important as the substantive priorities of the new administration, if not more important, will be the approach that the commission adopts with respect to remedies where it deems enforcement action appropriate.
In an article for Law360, Milbank LLP Litigation & Arbitration partner Olivia Choe and associate Tazia Statucki examine key remedies in the commission’s arsenal and explain why the SEC is likely to substantially narrow the remedies it pursues over the next few years.
Read "What Remedies Under New Admin's SEC Could Look Like" here.