With environmental, social, and governance (ESG) principles garnering increased attention in corporate circles in recent years, there has been an accompanying rise in demand for analytical products that evaluate companies’...more
5/21/2024
/ Asset Management ,
Conflicts of Interest ,
Corporate Governance ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Investors ,
Private Equity Funds ,
Regulatory Agenda ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Stakeholder Engagement
On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment...more
4/19/2024
/ Coinbase ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Howey ,
Investment ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Pursuant to President Biden’s October 2023 AI executive order, the US Department of Treasury (Treasury) released a report on cybersecurity risks in the financial services sector in March 2024.
While recognizing the...more
4/5/2024
/ Artificial Intelligence ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Executive Orders ,
Financial Institutions ,
Fraud ,
Malware ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
U.S. Treasury ,
Vulnerability Assessments
The US Securities and Exchange Commission ("SEC") recently published an enforcement action against the crypto platform ShapeShift AG and found that ShapeShift acted as an unregistered securities “dealer.” The action coincides...more
On January 10, 2024, the U.S. Securities and Exchange Commission (“SEC”) approved eleven applications for spot exchange-traded funds (“ETFs”) tracking Bitcoin. This landmark moment for the crypto asset industry has been over...more
1/15/2024
/ Appeals ,
Bitcoin ,
Cryptoassets ,
Cryptocurrency ,
ETFs ,
Investors ,
Money Laundering ,
Ransomware ,
Securities ,
Securities and Exchange Commission (SEC) ,
Terrorist Financing
Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies.
This issue covers recent statements by US Securities and Exchange Commission...more
The US Securities and Exchange Commission (“SEC”) recently finalized sweeping new rules for private fund advisers (the “PFA Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). The PFA Rules...more
10/9/2023
/ Audits ,
Clawbacks ,
Compliance ,
Custody Rule ,
Exempt Reporting Advisers (ERAs) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investors ,
Policies and Procedures ,
Private Funds ,
Quarterly Report ,
Securities and Exchange Commission (SEC) ,
Transparency ,
Unregistered Brokers
My last note touched on a recent SEC rule proposal regarding Predictive Data Analytics, and a speech by Chair Gary Gensler highlighting a number of AI-related concerns. The SEC’s interest in the use of AI does not appear...more
The U.S. Securities & Exchange Commission (“SEC”) is highly focused on regulating the use of artificial intelligence (“AI”) by financial services providers. A recent Mintz client alert discussed newly proposed rules for...more
10/2/2023
/ Artificial Intelligence ,
Bias ,
Broker-Dealer ,
Conflicts of Interest ,
Data Privacy ,
Enforcement ,
Intellectual Property Protection ,
Investment Adviser ,
Predictive Analytics ,
Proposed Rules ,
Securities and Exchange Commission (SEC)
Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. The accelerating advances in artificial intelligence (“AI”) and the practical,...more
9/29/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Broker-Dealer ,
Conflicts of Interest ,
Data Privacy ,
Enforcement Actions ,
Financial Promotions ,
Financial Stability Acts ,
Intellectual Property Protection ,
Investment Adviser ,
Predictive Analytics ,
Private Funds ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
Could the new SEC "Names Rule" really kill ESG funds as this article suggests? It seems very doubtful, but whether you agree with the linked article or not, it does provide an interesting perspective....more
The U.S. Securities & Exchange Commission (“SEC”) recently found that an investment adviser mischaracterized its integration of Environmental, Social, and Governance (“ESG”) factors into research and investment...more
Just barely two weeks ago, we wrote about the half-victory for Ripple Labs in its ongoing litigation with the Securities and Exchange Commission (“SEC”), in which Judge Analisa Torres granted partial summary judgment in favor...more
8/8/2023
/ Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Howey ,
Investment Contract ,
Investors ,
Partial Summary Judgments ,
Personal Jurisdiction ,
Popular ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Tokens ,
Securities Violations