News & Analysis as of

Summary Judgment Securities Act of 1933

BakerHostetler

Ripple Case Reaches Final Judgment as Digital Assets Law Continues to Evolve

BakerHostetler on

On Aug. 7, the U.S. District Court for the Southern District of New York issued its judgment in U.S. Securities and Exchange Commission v. Ripple Labs, Inc., marking the end of district court- level proceedings in the highly...more

Akin Gump Strauss Hauer & Feld LLP

Are Crypto Tokens Securities? Terraform Court Says ‘Yes’ in Extensive Decision

Key Points - In SEC v. Terraform, the court has granted summary judgment for the SEC on its claim that the defendants offered and sold unregistered securities in the form of “crypto assets.” This comes amidst the SEC...more

Winstead PC

Judge Rules That Terraform’s Crypto Assets are Securities

Winstead PC on

Last year, the Court in SEC v. Terraform Labs suggested, by denying the defendants’ motion to dismiss, that the sale of a digital asset to the public on a secondary market may constitute a security. Now, the Court has...more

Morrison & Foerster LLP

Ninth Circuit Clarifies Summary Judgment Burden for SEC Penalties

On June 13, 2023, in SEC v. Husain, the U.S. Court of Appeals for the Ninth Circuit clarified the high burden that the SEC must carry before a court may grant the Commission a civil monetary penalty at the summary judgment...more

Mintz

An SEC Win - US District Court Judge Rules LBRY’s LBC Token a Security

Mintz on

In a significant victory for the SEC, US District Court Judge Paul J. Barbadoro granted summary judgment to the SEC in what is the first enforcement action targeting a cryptocurrency not issued via an initial coin officer...more

Goodwin

In First Ever SEC Sanction For Allegedly Misleading Covid Related Disclosures, Cheesecake Factory Pays $125,000 Civil Penalty

Goodwin on

In First Ever SEC Sanction for Allegedly Misleading COVID Related Disclosures, Cheesecake Factory Pays $125,000 Civil Penalty; New York State Appellate Court Dismisses Putative Securities Act Class Action on Merits for First...more

A&O Shearman

Delaware Court Of Chancery Rejects Forum-Selection Charter Provision For Federal Securities Law Claims

A&O Shearman on

On December 19, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery granted summary judgment to a shareholder challenging the validity of forum-selection charter provisions requiring shareholders to...more

Fenwick & West LLP

Companies Can't Require Litigation of 1933 Act Claims in Federal Court

Fenwick & West LLP on

The Delaware Court of Chancery ruled today that Delaware corporations do not have the power to use charter or bylaw provisions to require that claims under the Securities Act of 1933 (1933 Act) be litigated in federal court....more

A&O Shearman

Second Circuit Summarily Affirms Grant Of Summary Judgment In Section 11 Securities Class Action, Finding That...

A&O Shearman on

On November 19, 2018, the United States Court of Appeals for the Second Circuit summarily affirmed the grant of summary judgment in a securities class action in favor of a financial institution (the “Company”), several of its...more

Vedder Price

Investment Services Regulatory Update - July 2018

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts - PROPOSED RULES - SEC Proposes New Rule to Permit Certain ETFs to Operate Without an Exemptive Order - On June 28, 2018, the SEC issued a proposed new rule under the...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Ruling of Summary Judgment on Issue of Scienter

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case brought by the SEC against an individual broker accused of violations of Section 17(A) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

Federal Reserve, OCC, FCA, FHFA and FDIC Adopt Joint Final Rule on Swap Margin Requirements - On October 22, the Office of the Comptroller of the Currency (the "OCC"), the Federal Reserve Board (the "Board"), the Farm...more

Orrick - Finance 20/20

Court Finds FHFA Claims Against Nomura Are Not Time-Barred

Orrick - Finance 20/20 on

On November 18, Judge Denise Cote of the United States District Court for the Southern District of New York granted the Federal Housing Finance Agency’s motion for partial summary judgment on the statute of limitations...more

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