The Securities and Exchange Commission has released guidance about its enforcement priorities since March 2020, and has followed through with numerous enforcement actions arising out of the pandemic, with a particular emphasis on issuers disseminating misleading disclosures relating to Covid-19.
This article discusses increased areas of risk as the Biden administration gets underway, focusing both on what the SEC has said and what it has done since the Covid-19 crisis began, while providing advice on how to mitigate the risks of SEC enforcement in each of these areas.