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Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he...more

Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule...more

Redefining Insider Trading: The SEC's Groundbreaking Theory in the Panuwat Case

In SEC v Panuwat, a federal jury in California will hear a novel insider trading theory that the court has allowed to proceed to trial. In Panuwat, the SEC says it is unlawful for an individual to purchase securities of a...more

Supreme Court Holds District Court Proceedings Must be Stayed During Appeal of Order Refusing to Enforce an Arbitration Agreement

On June 23, the Supreme Court held that proceedings in federal district court must be stayed during an interlocutory appeal from an order declining to enforce an arbitration agreement. Such an order can be appealed...more

Supreme Court Ruling Strengthens Government’s Ability to Voluntarily Dismiss Whistleblower Lawsuits

The United States Supreme Court has ruled in an 8-1 decision that the U.S. government has broad authority to dismiss whistleblower actions over the individual whistleblower’s objections so long as the government intervenes...more

SEC Sues Coinbase to Establish Jurisdiction Over Cryptocurrencies and Crypto Exchanges

The U.S. Securities and Exchange Commission sued Coinbase, Inc., alleging the crypto assets Coinbase made available for trading on its exchange met the definition of “securities.” Because Coinbase did not register the assets...more

Michigan Court of Appeals Broadens Potential Exposure to Securities Fraud by Issuers and Sellers of Debt Instruments in Michigan

If your Michigan business issues promissory notes or other evidence of indebtedness, or if you purchase such debt instruments, it is important to understand whether those debt instruments could be considered “securities”...more

Federal Court Calls Unconstitutional the U.S. Securities & Exchange Commission’s In-House Administrative Proceedings for...

Key Takeaways - ..The U.S. Supreme Court is poised to hear cases that may curtail the administrative powers of the SEC. ..These rulings may portend greater limits on federal administrative agencies generally....more

Securities Regulators Issue Guidance to Financial Advisors and Firms on Disclosures, Investigations and Enforcement Actions During...

On May 5, 2020, the U.S. Securities and Exchange Commission (“SEC”) issued broad modified guidance on its regulation and enforcement of the markets during the coronavirus (COVID-19) pandemic. The Financial Industry Regulatory...more

Michigan's Securities Regulator Issues New Rules, Including a New Private Fund Adviser Registration Exemption

The Corporations, Securities, & Commercial Licensing Bureau of the Michigan Department of Licensing and Regulatory Affairs ("the Bureau") has issued new Securities Rules interpreting and enforcing the Michigan Uniform...more

Insights from the 2019 SEC Speaks Annual Conference

The SEC Speaks conference held in Washington, D.C., on April 8-9, 2019 offered perspectives from the current Securities and Exchange Commission Chairman, Commissioners, Division Directors, and Staff about the current...more

The Supreme Court Rules that SEC ALJs Were Unconstitutionally Appointed

The U.S. Supreme Court has held that administrative law judges (ALJs) of the Securities and Exchange Commission are "Officers of the United States" under the Appointments Clause of the U.S. Constitution, and are not mere...more

Second Circuit Broadens 'Personal Benefits' Triggering Insider Trading Liability

As noted in our December 9, 2016, Client Alert, the Supreme Court in Salman v. U.S. ruled that the required “personal benefit” to the person disclosing inside information (the tipper) does not need to be “pecuniary” or...more

The U.S. Supreme Court Puts S.E.C. Disgorgement Actions on the Clock

The U.S. Supreme Court continues to limit the timeframe in which the U.S. Securities and Exchange Commission (“S.E.C.”) can seek to levy monetary penalties in enforcement actions it brings against violators of the federal...more

U.S. Supreme Court Affirms Broader View of “Personal Benefits” That Can Trigger Insider-Trading Liability

To be liable for insider trading in violation of the federal securities laws, the insider “tipper” who discloses the inside information must personally benefit, directly or indirectly, from his disclosure to a “tippee” who...more

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its...more

SCOTUS Clarifies “Fraud on the Market” Procedure in Securities Class Actions

Investors suing for damages in a private securities fraud action under the U.S. securities laws must prove, among other things, that they relied on the defendant’s misstatement when they bought or sold a security. In Basic v....more

“The SEC Speaks” 2014 — SEC Reveals Regulatory and Litigation DNA Now Includes Economic Analysis and Technology

The Securities and Exchange Commission is incorporating economic and technology-based data analytics and statistical analyses to support its regulatory functions, SEC Chair Mary Jo White revealed at the 43rd annual “The SEC...more

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the...more

SEC Commissioners Say More Regulation, Oversight Needed

SEC commissioners called for a more regulations and oversight to protect investors from fraud and other dangers, reports Miller Canfield securities compliance and enforcement lawyer Matt Allen. Allen attended the 42nd...more

SEC and DOJ Release FCPA Resource Guide

Today, the Securities and Exchange Commission and the Department of Justice released A Resource Guide to the U.S. Foreign Corrupt Practice Act....more

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