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The SEC's Willingness To Spare Cooperators

Law360 (January 10, 2011, 1:23 PM EST) -- A recent U.S. Securities and Exchange Commission enforcement development potentially signals an increased willingness by the SEC to incentivize public companies to self-report violations, cooperate with SEC enforcement staff and remediate. On Dec. 20, 2010, the SEC announced that it had entered into a nonprosecution agreement with Carter’s Inc., a public company that manufactures children’s clothing. This is the first nonprosecution agreement that the SEC has announced since starting its cooperation initiative in January 2010.

In January 2010, the SEC announced with considerable fanfare that it...
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