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Nell Clement represents individual executives and companies in a wide range of white collar defense matters, including: antitrust conspiracies, securities fraud, insider trading, stock options backdating, corporate internal investigations and off-label pharmaceutical promotion.

Department of Justice signOn October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors. Nippon Chemi-Con is the eighth company to be charged in the Department of Justice Antitrust Division’s investigation into Sherman Act violations in the capacitor industry. Six of the seven other charged companies have pled guilty and the seventh company (Nichicon), charged by information, will make its first appearance in November. Like the other capacitor manufacturers charged in this conspiracy, Nippon Chemi-Con’s case will be assigned to Judge James Donato of the Northern District of California. Continue Reading Developments in Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged

U.S. District Court Judge James Donato, of the Northern District of California, caught the attention of criminal antitrust litigators over the last several months with his refusal to accept the guilty pleas of three corporations charged in the Department of Justice’s investigation into price fixing in the electrolytic capacitor industry.  Continue Reading Judge Donato Rejects Corporate Pleas in Capacitor Cases

The Securities and Exchange Commission organized an Advisory Committee on Small and Emerging Companies to provide the SEC with advice on its rules, regulations and policies as they relate to emerging privately held small businesses and publicly traded companies with less than $200 million in public market capitalization.   The Advisory Committee issued its recommendations to the SEC Chair, Mary Jo White back on September 23, 2015: Continue Reading SEC Looks to Ease Small Business Ability to Raise Capital

California Corporations Code Section 25206.1, which became effective January 1, 2016 permits “finders” to be exempt from broker-dealer provisions of California securities laws. In other words, this new section legalizes payments of finder’s fees by an issuer of securities to a person who introduces one or more accredited investors to that issuer, regardless of whether that person is a registered broker. Continue Reading Payments to Finders Fall Outside of California Broker-Dealer Provisions