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Mallory v. Norfolk Southern Railway Co.: Supreme Court Recognizes Existence of Consent-Based Theory of General Personal...

The US Supreme Court recently issued a decision in Mallory v. Norfolk Southern Railway Co holding that a Pennsylvania statute requiring corporations to "consent" to suit in Pennsylvania courts in order to register to do...more

Recent DC Circuit Court of Appeals Case Brings FINRA to the Forefront of the SRO State Actor Controversy

A DC Circuit Court of Appeals challenge to a recent Financial Industry Regulatory Authority (FINRA) enforcement action brings into question whether FINRA should be held accountable to constitutional restrictions on state...more

Financial Markets and Funds Quick Take | Issue 12

FINRA Updates its Sweep on Social Media Influencers, Customer Acquisition and Related Information Protection - On February 28, the Financial Industry Regulatory Authority (FINRA) provided an update for its sweep on Social...more

Corporate Bond ETFs May Come Under The Regulatory Microscope

Judging from this framing by the Financial Times, an obscure debate over bond liquidity may prompt regulatory scrutiny.  Corporate bond ETFs may be a niche product, but anything described as “akin to Libor” deserves careful...more

Financial Markets and Funds Quick Take | Issue 5

On July 27, 2022, FINRA filed a proposed rule change with the SEC to make it easier for brokers to work from home. The proposed rule will add a category termed a “Residential Supervisory Location” under FINRA Rule 3110...more

Second Circuit Rejects Probabilistic Pleading to Allege Actual Damage in Spoofing Cases

On July 20, the US Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action alleging that certain market participants engaged in spoofing in violation of the Commodity Exchange Act, 7 U.S.C. §...more

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