SEC Wields The SOX 304 'Clawback' Provision

Law360, New York (December 6, 2010, 1:05 PM EST) -- As reflected by a series of high-profile settlements reached in recent months, the Division of Enforcement at the U.S. Securities and Exchange Commission has become increasingly aggressive under Director Robert Khuzami.

In this environment, practitioners and their clients can expect to see an expansion in the use of new, nontraditional causes of action in enforcement proceedings, reflecting the fresh thinking that has been characteristic of the Enforcement Division so far under Khuzami.

One enforcement tool, in particular, that appears to be gaining momentum — and in...
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