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History shows that following periods of upheaval there is an increase in fraud-related investigations and enforcement. 2022 has certainly had its share of turmoil: global volatility compounded by the toll of the war in Ukraine and follow-on effects from the pandemic have given corporate compliance officers and in-house lawyers new challenges to confront.
And a rising tide of regulation is headed for them. Corporate accountability is a key priority for the Department of Justice and the Securities and Exchange Commission, and both agencies have renewed their focus on individual liability for gatekeepers, including lawyers, accountants, underwriters, and auditors. We discussed these topics at Practising Law Institute's full-day conference of the same name in September, but a cascade of developments have surged since.
Recent comments from senior officials in the DOJ and SEC are particularly revealing.
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In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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