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In this blog post titled, “What to do if you have been Sued for Breach of Contract,” Litigation attorney, Ms. Mehta offers key steps to take that can help resolve a dispute amicably or at least limit the damage to the business. All businesses run a risk of dispute at some point, from partner and shareholder disagreements to complaints and litigious action from external sources. No matter what the source or reason, disputes remain a source of stress, a drain on resources and a distraction if not a derailment from business goals.… Read More

The U.S. Securities and Exchange Commission (“SEC”) continued to play a vital role in ensuring firms’ compliance with securities regulations in its mission to protect investors and promote transparency. In 2024, enforcement actions resulted in a record-breaking $8.2 billion in financial remedies. Interestingly, the number of enforcement actions dropped by 26% compared to 2023, as the SEC adopted a new strategy of high-impact actions and promoting self-reporting.

Areas that received the most scrutiny this year included emerging technology and alternative currency, off-channel communications, and cybersecurity.

This month’s Risk Management Tip focuses on five key SEC enforcement actions and violations of 2024, and how investment advisers, broker-dealers, and others can use these lessons to enhance their compliance programs and avoid costly mistakes.… Read More

FINRA and the SEC focus on protecting clients’ interests by covering all potential risk areas that could harm investors.

One pivotal area for financial firms to consider is their due diligence efforts related to third-party service providers. Third-party service providers are an extension of your firm. Regardless of whether the vendor is deemed critical or non-critical (Read more on this here), if not properly vetted and continuously supervised, weak controls by your vendor can expose your firm, and by extension, your clients to a range of risks.
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On December 3, 2024, the U.S. District Court for the Eastern District of Texas filed a preliminary injunction blocking the enforcement of the Corporate Transparency Act (CTA), which mandates companies disclose beneficial ownership information. This injunction was issued in response to the case, Texas Top Cop Shop v. Garland et al. (Case 4:24-cv-00478). Texas Judge Mazzant, who issued the judgment, ruled that corporate regulation falls under state jurisdiction, not federal.
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Business litigation encompasses a wide range of legal disputes. It is a risk that comes with operating a company. Business disputes can range from Breach of Contract claims to Client complaints. These conflicts are challenging for any business and can drain resources, damage reputations, and derail business objectives. 

The first defense is knowing and understanding the potential disputes that can threaten the business.  In this Litigation Blog Series titled, “Business Disputes: Mitigate, Mediate, and Safeguard,” we will cover the major disputes that businesses may come across, and steps on how to navigate them.

This post provides an overview of Breach of Contract. Moreso, allegations against a business or business owner for failure to fulfil their obligations under a legal agreement.… Read More

Structuring a business strategically plays a major role in optimizing benefits and in protecting the business from potential issues.  Another important facet of strategically structuring a business is to plan for the unexpected and put in place safety nets and contingency plans in the event of a business threat. This is the core principle of risk mitigation. What happens if a business owner is unable or unwilling to pay off a personal debt? Can creditors come after their business assets? It depends.… Read More

Director of Operations and Counsel Kathryn Konzen, Esq. explores the vulnerabilities to cyberattacks in the financial sector in the article titled “Cybersecurity: Regulatory Compliance, Attacks, and Risk Mitigation,” published in GRC Outlook. The article offers insight into why the sector remains a target for cybercriminals and how to mitigate cyber risks.… Read More

Managing Partner Michelle L. Jacko explores the recent amendments to Regulation S-P in the October 2024 issue of the NSCP Currents Newsletter.… Read More

On Oct. 21, 2024 , the US Securities Exchange Commission (“SEC”) published a press release announcing their 2025 Examination Priorities. Many of the focus areas come as no surprise, as the SEC has diligently alerted industry and investors alike to what their areas of concern have been throughout the year. There are, however, a few areas that registrants may find require an extra review or a deeper dive.… Read More

Director of Operations and Counsel Kathryn Konzen, Esq. explores the vulnerabilities to cyberattacks in the financial sector in the article titled “Cybersecurity: Regulatory Compliance, Attacks, and Risk Mitigation,” published in GRC Outlook. The article offers insight into why the sector remains a target for cybercriminals and how to mitigate cyber risks.… Read More