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In the present uncertain legal and regulatory environment, the role of shareholder activists in scrutinizing corporate behavior seems to be gaining steam. See, e.g., An Activist Investment in Whole Foods Exposes Shifting Power on Wall St. We are increasingly seeing corporate internal investigations being influenced, if not driven by, the presence of activists on the Board. It remains to be seen whether the role of activists in policing corporate governance and other corporate regulatory issues will continue to increase in an environment where SEC Enforcement is increasingly under pressure (budgetary and otherwise) from the current presidential administration.

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Photo of Jessica Nall Jessica Nall

Jess Nall has conducted a multitude of internal investigations for corporate clients, Boards of Directors, and Special Committees, including in the areas of suspected financial reporting violations, environmental enforcement violations, False Claims Act violations, insider trading, stock option backdating, and many other areas.  Ms. Nall also represents individual executives and companies facing Securities and Exchange Commission (SEC) investigations and enforcement actions, Department of Justice (DOJ) investigations and prosecutions, and related civil actions in a wide range of matters including insider trading, mortgage fraud, tax crimes, environmental crimes, FCPA violations, off-label marketing of pharmaceuticals, immigration fraud, and all types of financial fraud.