inSecurities

After five years and 138 episodes, Chris, Kurt, and PLI have decided to wind down the inSecurities podcast.  On behalf of all of us on the inSecurities team, thanks for listening. We appreciate the dedicated listeners and guests who have shaped these conversations for five years! Every other week, we aimed to bring you insightful discussions with leaders and experts in securities regulation and enforcement, across a variety of topics and disciplines. We hope we've kept you both engaged and informed. Remember, PLI is here to keep you ever current with securities regulatory and enforcement developments — from our must-attend programs, including The SEC Speaks and the Securities Regulation Institute, to our timely One-Hour Briefings and publications. Visit pli.edu/securities to explore PLI's robust collection of live and on-demand programs, and be sure to bookmark the SECI blog from frequent contributor George Wilson for updates on SEC reporting. We hope to see you at a future PLI program! As always, thanks for tuning in.

We are fielding many questions about what regulatory and enforcement priorities will emerge in the next administration. On this episode of the inSecurities podcast, Chris and Kurt look back at several episodes from 2024 to see how they might help us understand what lies ahead. In particular, Chris and Kurt consider: What will become of the SEC? Will there be any changes in tone or priorities at the Commission level? And will there be any changes in tone or priorities for the Division of Enforcement?

Former SEC Director of Enforcement Gurbir Grewal joins the inSecurities podcast to discuss the Division of Enforcement's Annual Results for Fiscal Year 2024. He delves into the enforcement priorities that are expected to continue into the next administration, as well as new priorities that may emerge. Additionally, Gurbir reflects on his legacy as the former Director of Enforcement.

Chris and Kurt returned to Securities Docket's Securities Enforcement Forum to catch up on the latest developments and trends in the SEC enforcement space. On this episode of inSecurities they share key takeaways from a panel that focused on the impact of the Presidential election, a keynote address from Acting Director of Enforcement Sanjay Wadhwa, and more.

Adam Liptak, Supreme Court Reporter for the New York Times, joins the inSecurities Podcast to talk about recent SCOTUS decisions that impact the U.S. Securities and Exchange Commission and other administrative agencies, including a look at how the fall of Chevron will impact administrative agencies in the near term.

We revisit a favorite topic here on the inSecurities podcast — Ponzi schemes — but with a practicing attorney and author who literally wrote the book on Ponzi: Kathy Phelps, partner at Raines Feldman Littrell LLP. Chris and Kurt discuss some of the more technical aspects of the law and accounting that come into play after a Ponzi scheme has collapsed, and the issues that result regarding recovery, equitable relief, and the claims process.

On this episode of the inSecurities podcast, Chris and Kurt visit again with George Wilson, Director of PLI's SEC Institute, to discuss highlights from the SECI Quarterly Newsletter. George highlights key takeaways from PCAOB's 2023 inspection reports, CorpFin's statements on cybersecurity incident disclosures, litigation challenging the SEC's climate-related disclosure rules, recent SEC whistleblower developments, and the decades-in-the-making completion of the so-called “conceptual framework.” Tune in to learn more, or go to pli.edu/programs/seci to explore all of the SEC Institute's helpful content.

With Kurt absent this week, Chris discusses current developments at the SEC with Sandra Hanna, who leads the securities enforcement practice at Steptoe. They discuss the short term impacts of Jarkesy, how 102(e) actions are evolving in real-time, the state of ESG enforcement after the disbanding of the Task Force, and what the SEC might look like in 2025.

Chris and Kurt sit down with Erica Williams, Chair of the Public Company Accounting Oversight Board (PCAOB). Chair Williams talks about her journey to the Chair's office, the PCAOB's rulemaking agenda, and the role of PCAOB inspections and enforcement. She also shares key takeaways from the PCAOB's Sign up for email updates on the inSecurities podcast as well as PLI's securities related programs and publications

In this special crossover episode with PLI's Pursuing Justice podcast, hear about how pro bono clinics can help vulnerable investors protect their hard-earned retirement funds and nest eggs. Chris and Kurt are joined by Alicia Aiken, Director of the Danu Center's Confidentiality Institute and host of PLI's podcast Pursuing Justice: The Pro Bono Files, for an informative conversation with law professors, a recent law school grad, and an SEC attorney about their work aiding underserved retirees.

On this episode of the inSecurities podcast, Chris and Kurt sit down with Cliff Kirsch, a partner at Eversheds Sutherland and Chair of the PLI program “The SEC at 90: A Celebration and Retrospective.” Cliff shares some of his key takeaways from this half-day PLI program aimed at celebrating the past, examining the present, and looking to the future of the SEC. Among other topics, Chris, Kurt, and Cliff discuss SEC Commissioner Peirce's call for a retroactive look at rules on the books and a refocusing on the SEC's core competencies. You can watch “The SEC at 90” on-demand on the PLI website: https://www.pli.edu/programs/the-sec-at-90?t=ondemand&tCode=GTZ4_ONDMD

On this episode of the inSecurities podcast, Chris and Kurt discuss recent U.S. Supreme Court decisions that will have profound impacts for the SEC and other agencies. First, our co-hosts discuss the Jarkesy case, which held that defendants in SEC enforcement proceedings have a Constitutional right to have fraud cases heard by a jury. Next, Chris and Kurt discuss Loper Bright, which overrules the decades-old Chevron doctrine, ending the presumption that courts must rely on agencies' interpretations of ambiguous statutes.

This episode of the inSecurities podcast features a roundtable with pro bono experts who discuss the need for law school clinics that represent retail investors in FINRA arbitrations. Nicole Iannarone, Associate Professor of Law at Drexel University Thomas R. Kline School of Law, and Christine Lazaro, Professor of Clinical Legal Education and Director of the Securities Arbitration Clinic at St. John's University School of Law, join the podcast, along with Alicia Aiken, Director of the Danu Center's Confidentiality Institute and host of PLI's podcast Pursuing Justice: The Pro Bono Files, who steps in as a special guest co-host. Keep an eye out for a forthcoming episode of Pursuing Justice that will feature interviews with past clinic participants.

SEC Chair Gary Gensler joins the inSecurities podcast to talk about how he and the Commission engage with the public, his efforts to build trust in the US capital markets, and the role of the SEC in protecting investors. Chair Gensler also discusses the SEC's role with respect to cryptocurrencies (or “digital asset securities”) and tells us why US investors should be wary of “AI washing.”

Erik Hotmire, Co-Founder of the consulting firm Watermark Strategies, joins the inSecurities Podcast to discuss key characteristics of successful corporate affairs strategies. Erik tells Chris and Kurt how he draws on his experience as former spokesperson and Senior Advisor to the Chairman of the SEC in developing bespoke strategies for clients, and how the game has changed from a stakeholder engagement perspective.

Alex Platt, an Associate Professor at the University of Kansas School of Law, joins the inSecurities podcast to discuss his latest research paper, which documents the involvement of activist short sellers in the SEC whistleblower bounty program. Professor Platt explains why this phenomenon may undermine the SEC's goal of rooting out and deterring misconduct, and he proposes modest tweaks to the whistleblower rules to address the issue.

Award-winning journalist Diana Henriques has spent her career covering financial markets, white collar crime, and market regulation. She joins Kurt and Chris to discuss her recent book, Taming the Street: The Old Guard, the New Deal, and FDR's Fight to Regulate American Capitalism, which chronicles the decade following the 1929 stock market crash, and the men in government and in the markets who fought to provide the framework for financial regulation that we still utilize today.

In April 2024, the SEC prevailed on insider trading charges against Matthew Panuwat, relying for the first time on a theory known as “shadow trading.” Nick Morgan of ICAN and Steve Cazares of Orrick join the inSecurities Podcast to discuss an amicus brief ICAN submitted in the Panuwat litigation, policy arguments against the “shadow trading” theory of liability, and the future of “shadow trading” cases for the SEC and DOJ.

George Wilson, Director of PLI's SEC Institute (SECI), joins the inSecurities podcast — for a record ninth time! — to discuss highlights from the recent SECI Quarterly Newsletter (sign up HERE), including the SEC's final climate disclosure and SPAC accounting rules, and recent developments at the Public Company Accounting Oversight Board (PCAOB) and Financial Accounting Standards Board (FASB).

Check out this recap of PLI's program, the SEC Speaks in 2024, which Chris attended in-person in Washington DC. He provides his thoughts on the topics discussed by SEC staff as a part of the program, as well as conducting some on-the-street interviews with attendees and PLI staff. You can learn more about the program at the link below, as well as see the printed copy of SEC Commissioner remarks at the SEC website. https://www.pli.edu/programs/the-sec-speaks?t=live https://www.sec.gov/news/speeches-statements

Dr. Kelly Richmond-Pope has been a thought leader in the forensic accounting space for more than a decade. She joins Chris to discuss her accounting origin story, her academic research as a professor at DePaul University in Chicago, and her side gigs as a filmmaker and author, having produced a 2013 documentary All the Queen's Horses about fraud in Dixon, IL, and her 2023 book Fool Me Once: Scams, Stories, and Secrets from the Trillion-Dollar Fraud Industry. For more about Dr. Richmond-Pope's work, see the links below: https://www.kellyrichmondpope.com/ https://www.allthequeenshorsesfilm.com/ https://www.amazon.com/Fool-Me-Once-Trillion-Dollar-Industry/dp/1647823919

Matt Walsh, Founding Partner of Castle Island Ventures, a venture capital firm focused exclusively on public blockchains, joins the inSecurities podcast to talk about the regulatory landscape and market structure challenges for entrepreneurs who are building #blockchain infrastructure and application companies. Matt also tells Chris and Kurt about his podcast, On the Brink, which explores the political, ethical, and economic significance of #Bitcoin and other public blockchains.

On this episode of the inSecurities podcast, Chris and Kurt tackle commodities enforcement. Jamie McDonald, a Partner at Sullivan & Cromwell and a former Director of Enforcement at the Commodity Futures Trading Commission, and Avi Perry, a Partner at Quinn Emanuel Urquhart & Sullivan and a former Chief of the Market Integrity and Major Frauds Unit in the Department of Justice Criminal Division's Fraud Section, offer their perspectives on civil and criminal commodities investigations and enforcement. Jamie and Avi explain how they helped shape the CFTC and DOJ enforcement programs, how the agencies coordinate on enforcement matters, and what count among the current commodities enforcement priorities for the CFTC and DOJ.

Check out our inSecurities hosts Chris Ekimoff and Kurt Wolfe as guests on this special episode of Boxes and Lines from IEX Exchange.

Anne Kelley joins the inSecurities Podcast to unpack the federal agency appropriations process. Anne is a Partner at the legislative consulting firm, Mercury Strategies. Before joining Mercury Strategies, Anne served as a political appointee at the SEC where her work spanned five Administrations and nine SEC Chairs and Acting Chairs. On this episode, Anne explains to Chris and Kurt how most federal agencies obtain government funding, and why the SEC's budget-setting process is unique.

On this episode of the inSecurities podcast, Chris and Kurt chat with Martha Legg Miller, the Vice President of Public Policy and Regulatory Strategy at Fidelity Investments and former Director of the SEC's Office of the Advocate for Small Business Capital Formation. Martha talks about the role of the Advocate for Small Business Capital Formation, highlights key takeaways from the Office's 2023 Annual Report, and discusses recent SEC rulemaking proposals, including the Predictive Data Analytics (PDA) and Climate Risk Disclosure rules.

Perianne Boring, the Founder and CEO of the Chamber of Digital Commerce, joins the inSecurities Podcast to explain why 2024 will be “the year crypto goes mainstream.” Chris, Kurt, and Perianne chat about the history and mission of The Chamber, the digital assets crypto and regulatory environment, and Perianne's 2024 outlook for crypto.

Brett Redfearn, a former Director of the SEC's Division of Trading and Markets and the Founder and CEO of Panorama Financial Markets Advisory, joins the inSecurities podcast to discuss the Commission's approach to rulemaking and its recent Predictive Data Analytics (PDA) rule proposal.

On this episode of the inSecurities Podcast, Chris sits down with investigative reporter Zeke Faux to talk about his book “Number Go Up: Inside Crypto's Wild Rise and Staggering Fall.”

Quinn Emanuel partners Michael Liftik, Sarah Heaton Concannon, and Dabney O'Riordan join this special episode of the inSecurities Podcast to unpack the SEC Division of Enforcement's Annual Report, which was released on November 14, 2023. Kurt and the expert panel discuss the Division's motivation to post impressive enforcement statistics and grab headlines with high impact cases. The panel also discusses programmatic priorities, including perennial focus areas like investment adviser cases, and results in litigated matters.

Vinson & Elkins partner Rebecca Fike joins the inSecurities podcast to talk about insider trading, the SEC's use of artificial intelligence and data analytics to root out misconduct, and the Enforcement Division's focus on reporting and disclosure cases, including Environmental, Social, and Governance (ESG) reporting. She also explains how the Commission's focus on charging even technical violations feels a bit like the return of the “broken windows” approach to enforcement. Rebecca draws on her 10 years of experience in the Division of Enforcement to explain what captures the staff's attention and how they investigate. 

Miller & Chevalier Partner Sandra Hanna returns to the inSecurities podcast to discuss key takeaways from the Securities Enforcement Forum 2023. Sandra and Kurt talk about SEC Chair Gary Gensler's remarks at the conference, which covered the SEC's annual enforcement results, crypto enforcement, and the SEC whistleblower program. They also dive into the important topic of self-reporting: When, why, and how to do it.

After their discussion on CFTC enforcement, Kurt and CFTC Commissioner Caroline D. Pham discussed the current state of crypto regulation in the United States and the CFTC's role in policing the digital assets marketplace. Tune in for the second installment of Commissioner Pham's interview on the inSecurities podcast. For more insights from Commissioner Pham on crypto regulation: On speaking orders in enforcement actions On self-reporting and cooperation On management accountability On examination by enforcement On “insider trading” in derivatives markets On administrative enforcement proceedings On leadership and ethics

Commissioner Caroline D. Pham of the Commodity Futures Trading Commission joins Kurt on the inSecurities podcast to talk about the CFTC's regulatory mandate, the role of CFTC enforcement, and the perils of what she calls “examination by enforcement.” Among other things, Commissioner Pham stresses the deterrent effect of holding wrongdoers accountable, the need for regulatory clarity (particularly when regulators test novel enforcement theories), and the importance of upholding the CFTC's jurisdiction. Tune in for the second installment of this two-part episode to hear Commissioner Pham's views on crypto regulation. For more insights from Commissioner Pham on CFTC enforcement: On speaking orders in enforcement actions On self-reporting and cooperation On management accountability On examination by enforcement On “insider trading” in derivatives markets On administrative enforcement proceedings On leadership and ethics

They've been waiting all year long just to talk to George. On this episode of the inSecurities Podcast, Chris and Kurt sit down again with SEC Institute Director George Wilson to discuss recent SEC reporting, compliance and accounting developments, including recent signals from the SEC's Chief Accountant Paul Munter, the state of play in crypto accounting, developments in the SEC's Office of the Whistleblower, and—just in time for Halloween—new C&Dis in the CorpFin candy dish. Plus, Chris adds a new acronym to the inSecurities lexicon: SALY (Same As Last Year).

On this episode of the inSecurities podcast, Chris and Kurt chat with SEC Commissioner Mark T. Uyeda about the state of the U.S. capital markets, Commissioner Uyeda's views on the SEC rulemaking process, and “the perils of regulation by theory and hypothesis.” 

In July 2023, the SEC proposed new rules that would require broker-dealers and investment advisers to address conflicts of interest that could arise from their use of predictive data analytics. On this episode of the inSecurities podcast, Chris and Kurt welcome back Professor James Tierney to talk about the proposed data analytics rule and Professor Tierney's recent paper, “The SEC's data analytics rule and the ‘Netflix' problem in securities law.”   Read Professor Tierney's paper here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4524766

J.W. Verret, an Associate Professor of Law at the George Mason University Antonin Scalia Law School and a long-time friend of the inSecurities podcast, sits down with Chris and Kurt to discuss his new paper “Disgorgement Accounting After Liu v. SEC in Securities Enforcement Cases.” Professor Verret's article is the first to link Liu's directives on disgorgement to fundamental accounting principles. The result is an article at the intersection of securities law and accounting. Chris, Kurt, and J.W. talk about how practitioners should think about disgorgement accounting after Liu, and where they may be able to get a leg up in negotiations with the SEC Enforcement staff.   You can read Professor Verret's new article on SSRN here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4542940

Nick Morgan, a Partner at Paul Hastings and Founder of the Investor Choice Advocates Network (ICAN), joins the inSecurities podcast to discuss the dangers of “regulation by enforcement.” Nick, Chris, and Kurt consider two amicus briefs ICAN filed that underscore the important differences between the traditional notice-and-comment rulemaking process and the SEC's effort to expand the rulebook through enforcement actions. 

On this episode of the inSecurities podcast, Chris and Kurt chat with Bryan Corbett, who serves as President and CEO of the Managed Funds Association, a Washington, D.C.-based industry group representing the alternative asset management industry. Bryan describes the role and advocacy work of the MFA, and discusses potential consequences of an unprecedented wave of SEC rulemakings for alternative asset managers, including the private funds proposal.

The inSecurities Accounting Summer School series returns with this “remedial” course on fundamental accounting principles from the “House of GAAP.” On this episode, Chris and Kurt break down the “matching principle” and “conservatism,” and talk about what can happen when companies get it wrong.

Chris and Kurt catch up with Jennifer Leete, partner at Cravath, Swaine & Moore and author of the newly updated SEC Compliance and Enforcement Answer Book from PLI Press. In the Answer Book, Jennifer and her co-authors draw on their extensive experience serving on the staff at the SEC to answer hundreds of real-world questions on topics such as cooperating with the SEC, handling parallel investigations, the Wells process, and remedies and sanctions; a number of substantive hot topics, like crypto investigations and cybersecurity issues; along with perennial favorites like insider trading, Foreign Corrupt Practices Act investigations, offering fraud, and more.   

On this episode of the inSecurities podcast, Chris and Kurt dive into the ever-evolving world of insider trading. This episode picks up on themes our co-hosts addressed back on Episodes 4 (A Deep Dive Into Insider Trading) and 38 (Forensic Analytics: Algorithms and Analysis in Securities Markets), and brings listeners current on new trends and developments in the area of insider trading prosecutions.

In recognition of Mental Health Awareness Month, Chris and Kurt revisit one of their favorite “off beat” episodes: On the Path to Well-Being: Expert Perspectives for Attorneys and Accountants. On this episode of the inSecurities podcast Chris and Kurt explore about some of the challenges many attorneys and accountants face, and how they can set out on a path to wellness. First, Chris and Kurt chat with Denise Perme, Associate Director of the D.C. Bar's Lawyer Assistance Program, to talk about drivers of substance use disorders, anxiety, depression, and stress, and to highlight resources available for professionals who need help on their path to wellness. Next, Chris and Kurt talk with Gretchen Pisano, CEO and co-founder of pLink Leadership, and an executive coach and consultant who leans on her background in behavioral science and positive psychology to fundamentally change the way people work and lead. There's much to learn from this essential episode of the inSecurities podcast. Most importantly, if you are grappling with any of the issues we address in this issue, please remember that you are not alone. Reach out to an LAP Support Group, talk to your employer about resources available at or through work, or phone a friend. Learn more about the D.C. Bar's Lawyer Assistance Program here, and tune in to the D.C. Bar's wellness podcast, Toward Well-Being, here. Learn more about the ABA's Commission on Lawyer Assistance Programs or resources in your state here.            Learn more about pLink Leadership here.

Summer blockbuster season is right around the corner. On this episode of the inSecurities podcast, Chris and Kurt talk about three movies that hit on a number of the securities regulatory and enforcement themes that often feature on inSecurities. Hang in for the final act, when Chris previews a financial crisis-era movie that might not be on your summer viewing list.

On this episode of the inSecurities podcast, Chris and Kurt revisit Episode 47 (“Whistleblower Tips: Advice From a Former Chief of the SEC's Whistleblower Office”), on which Jane Norberg, a partner at Arnold & Porter who previously served as the Chief of the SEC's Whistleblower Office, discussed the SEC's whistleblower program and how companies can develop internal reporting systems that encourage, triage, and investigate whistleblower tips.

George Wilson, the Director of PLI's SEC Institute, joins the inSecurities podcast to talk about the recent Compliance and Disclosure Interpretations (C&Dis) — or as George likes to call them, “candies” — issued by the SEC's Division of Corporation Finance, as well as changes in leadership at the SEC, the FASB's take on crypto accounting, and amendments to Rule 10b5-1.   Please note: CLE and CPE credit are not offered for listening to this podcast, and the views and opinions expressed within represent those of the speakers and not necessarily those of PLI.

On this episode of the inSecurities, Dabney O'Riordan, a partner at the law firm Quinn Emanuel and a former head of the SEC Enforcement Division's Asset Management Unit (AMU), discusses the enforcement focus on private funds, registered investment advisers, and broker-dealers. She also explains the Enforcement Division's focus on compliance with recordkeeping requirements for text messages and other “off-channel communications,” the SEC's marketing rule, and ESG-related investment products and strategies. 

SEC Commissioner Jaime Lizárraga joins the inSecurities Podcast to talk about his road to becoming an SEC Commissioner and the core values he brings to the role. Commissioner Jaime Lizárraga also offers his thoughts on the SEC's investor protection mandate, recent SEC proposals, digital asset securities, and Diversity, Equity and Inclusion (DEI).   Commissioner Jaime Lizárraga encourages investors to visit Investor.gov (in English or Spanish) – the SEC's online portal, with tips for avoiding investment fraud and for selecting investment professionals, information on understanding fees and compound interest, and other resources like financial calculators.  Please note: CLE and CPE credit are not offered for listening to this podcast, and the views and opinions expressed within represent those of the speakers and not necessarily those of PLI.

On this episode of the inSecurities podcast, Chris and Kurt sit down with Joshua Rivera, General Counsel of Blockchain Capital and a member of Blockchain Association's Board of Directors, to learn about the state of the crypto markets and how the SEC's positions on staking, registration requirements, and the custody rule may impact the digital assets ecosystem. inSecurities Homepage Episode page on PLI.edu   Please note: CLE and CPE credit are not offered for listening to this podcast, and the views and opinions expressed within represent those of the speakers and not necessarily those of PLI.