The U.S. Court of Appeals for the D.C. Circuit (the “Court”) issued a major ruling against the Securities and Exchange Commission (“SEC”) on August 29, 2023, holding that the SEC acted arbitrarily and capriciously when it...more
The Securities and Exchange Commission (“SEC”) issued a cease-and-desist order on August 28, 2023, charging Impact Theory, LLC (“Impact Theory”) with conducting an unregistered offering of crypto asset securities in violation...more
9/8/2023
/ Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Ethereum ,
Howey ,
Investment ,
Investors ,
Non-Fungible Tokens (NFTs) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Tokens
In the latest decision evaluating the application of federal securities laws to the digital asset context, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York (“SDNY”) ruled in favor...more
8/23/2023
/ Cryptoassets ,
Digital Assets ,
Howey ,
Investment ,
Investment Contract ,
Liquidity ,
New York ,
Profits ,
Registration Requirement ,
Ripple ,
Securities ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Token Sales
On July 13, 2023, the United States District Court for the Southern District of New York (the “Court”) issued a major ruling in in a closely-followed lawsuit brought by the Securities and Exchange Commission (the “SEC”)...more
A divided panel of the U.S. Court of Appeals for the Second Circuit held, on December 27, 2022, in United States v. Blaszczak (“Blaszczak II”) that an agency’s confidential, pre-decisional information did not count as...more
1/18/2023
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Fraud ,
Hedge Funds ,
Insider Trading ,
Kelly v United States ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Wire Fraud
DOJ and the SEC Enforcement Division have launched initiatives targeting executive compensation clawbacks.
The SEC is aggressively pursuing SOX 304 compensation clawbacks from Chief Executive Officers and Chief Financial...more
In response to President Biden’s March 9, 2022 Executive Order on digital assets, the DOJ announced the formation of a new network of prosecutors tasked with becoming specialists in investigating and prosecuting alleged...more
9/22/2022
/ Anti-Money Laundering ,
Biden Administration ,
CFTC ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Penalties ,
Popular ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Statute of Limitations
The Securities and Exchange Commission (the “SEC”) on July 21, 2022, filed a complaint (the “SEC Complaint”) alleging insider trading violations against an insider, his brother, and a friend, claiming that the trio engaged in...more
8/15/2022
/ Coinbase ,
Crypto Exchanges ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Insider Trading ,
Misappropriation ,
Non-Public Information ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations