Pre-release ADRs have become a focus of SEC Enforcement. To date the agency has filed 10 settled proceedings involving these securities. Typically, the Order in the proceedings asserts that by failing to comply with the pre-release obligation to beneficially own…

Commission enforcement actions involving market professionals tend to repeat. For example, many, if not most, of the cases brought against investment advisers focus on violations of the advisor’s procedures. In some instances, however, the Enforcement staff uncovers a violation and…