A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support...more
1/3/2025
/ Automation Systems ,
Class Action ,
Corporate Counsel ,
Crypto Exchanges ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
General Partnerships ,
Institutional Investors ,
Investors ,
Liability ,
Motion to Dismiss ,
Securities Act of 1933 ,
Securities Tokens ,
Securities Violations ,
Unregistered Securities ,
Venture Capital
The Announcement and Its Sources -
Last week, the vice chairman of the Federal Reserve Board, Michael S. Barr, gave prepared remarks at the Brookings Institution announcing a significant recalibration of the Fed's Basel...more
9/23/2024
/ Administrative Procedure Act ,
American Bankers Association ,
Capital Markets ,
Federal Reserve ,
Lending ,
Loper Bright Enterprises v Raimondo ,
Mortgages ,
Notice of Proposed Rulemaking (NOPR) ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Share Buybacks
A Historic Term for Administrative Law -
This month we wrote extensively on both the Loper Bright/Relentless decisions, which overturned the Chevron doctrine, and the Jarkesy decision, which dealt a significant blow to the...more
SCOTUS limits agency use of ALJs in civil penalty proceedings -
On June 27, 2024, in a 6-3 decision, the Supreme Court held in SEC v. Jarkesy that the Securities and Exchange Commission ("SEC" or the "Commission") could...more
7/9/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Enforcement Actions ,
Financial Institutions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Seventh Amendment
Equity and capital forfeiture for competition provisions given less scrutiny than other post-employment restrictive covenants -
Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme...more
The number of securities class actions filed last year fell for the fourth year in a row. But these time-consuming, costly litigations still target 5 percent of all S&P 500 companies in an average year, and settlement costs...more