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DLA Piper LLP
500 8Th Street Nw
District of Columbia
About DLA Piper Rudnick Gray Cary (www.dlapiper.com) DLA Piper Rudnick Gray Cary has 3,100 lawyers and 59 offices in 22 countries throughout the U.S., U.K., Continental Europe, Middle East and Asia. It has leading practices in commercial, corporate and fi
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(58 Total References)
DEBORAH R. ...
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DEBORAH R. MESHULAM
Partner, DLA Piper, USA
They should consider their role within ...
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They should consider their role within the judicial system and prosecute cases in a way that is fair," said Deborah Meshulam, a partner in the Washington office of law firm DLA Piper LLP.
Deborah R. Meshulam, ...
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Deborah R. Meshulam, Partner, Chair, Securities Enforcement Practice, DLA Piper LLP
Deborah R. Meshulam
Partner, Chair, Securities Enforcement Practice
DLA Piper LLP
has more than two decades of securities enforcement defense experience trying the full range of cases arising from allegations of securities law violations and related breaches of fiduciary duty.
represents clients in SEC and Department of Justice
(DOJ) investigations, securities class actions and derivative lawsuits relating to claims of securities law violations, FCPA violations and counsels clients on compliance, regulatory and corporate governance matters, including issues relating to the Dodd Frank whistle blower program.
also represents clients in Public Company
Accounting Oversight Board (PCAOB) investigations, FINRA and Exchange proceedings and in Exchange delisting hearings.
regularly conducts investigations on behalf of public companies or their audit committees, often relating to FCPA questions, accounting issues, alleged securities law violations and employee misconduct.
also regularly advises clients on securities law compliance and litigation avoidance.
has written on securities law issues for legal publications and is a frequent speaker at professional programs on securities-related issues.
also represents clients in rulemaking proceedings and in SEC inquiries from the Divisions of Corporate Finance and Trading and Markets, the Office of Chief Accountant
and the Office of Compliance Inspections and Examinations.
Deborah Meshulam, an expert ...
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Deborah Meshulam, an expert on securities enforcement practices and a partner with DLA Piper, NY based global law firm suggests one clear way to avoid a clawback prosecution is to simply pay back any relevant incentive-based compensation before the SEC initiates an enforcement action, thereby eliminating the SEC's cause of action.
is of the opinion that while there are other arguments which the accused executives can use as defenses, they are yet to be tried and tested.
"The Jenkins case also suggests possible defenses to a SOX 304 claim, arguing that the SEC
must prove causation, i.e., that the reimbursement it seeks is traceable to the company's misstatement of financial results, or arguing that the reimbursement sought by the SEC
violates the Due Process Clause prohibition against excessive punitive damage awards.
While these defenses are untested, legislators' and regulators' interest in pressing for more no-fault clawbacks suggests that they may be tested soon, Meshulam
According to her
, CEOs and CFOs who, pursuant to SOX, must certify that they are responsible for the design and operation of effective financial controls and the accuracy of a company's financial statements should heed the warning of the court in Jenkins that "Section 304 provides an incentive...to be rigorous in their creation and certification of internal controls," Meshulam
observed in her
article with DLA Piper
· Deborah R. Meshulam, ...
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· Deborah R. Meshulam, Chair, Securities Enforcement Practice,DLA Piper US LLP