On June 27, the Supreme Court issued its decision in the closely-watched SEC v. Jarkesy, holding that the SEC could no longer seek civil monetary penalties for fraud in its in-house courts consistent with the Seventh...more
7/1/2024
/ Administrative Law Judge (ALJ) ,
Article III ,
CFTC ,
Civil Monetary Penalty ,
Consumer Financial Protection Bureau (CFPB) ,
FERC ,
Food and Drug Administration (FDA) ,
Jury Trial ,
OSHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
Last week, the United States Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:Or Fonder AB., Case No. 23-970, to address two fundamental questions about how federal securities fraud cases must be pled to survive...more
6/25/2024
/ Appeals ,
Certiorari ,
Fraud ,
Motion to Dismiss ,
NVIDIA ,
Nvidia Corp v E Ohman J or Fonder AB ,
Pleading Standards ,
PSLRA ,
Scienter ,
SCOTUS ,
Securities Exchange Act of 1934 ,
Securities Fraud
On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment...more
4/19/2024
/ Coinbase ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Howey ,
Investment ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Just barely two weeks ago, we wrote about the half-victory for Ripple Labs in its ongoing litigation with the Securities and Exchange Commission (“SEC”), in which Judge Analisa Torres granted partial summary judgment in favor...more
8/8/2023
/ Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Howey ,
Investment Contract ,
Investors ,
Partial Summary Judgments ,
Personal Jurisdiction ,
Popular ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Tokens ,
Securities Violations
In the ever-changing and divisive political climate facing our nation today, boards of directors and the companies they oversee face myriad pressures from numerous stakeholders to weigh in on specific political, cultural, and...more
On July 13, 2023, a New York federal judge issued a landmark split decision in the SEC v. Ripple Labs case that takes a step toward answering one of the biggest questions in the digital asset space: whether cryptocurrency...more
On October 26, 2022, the Securities and Exchange Commission, in a 3-2 vote, adopted a new rule, Exchange Act Rule 10D-1. Rule 10D-1 directs national securities exchanges adopt listing standards to require all issuers...more
11/30/2022
/ Clawbacks ,
Dodd-Frank ,
Enforcement Actions ,
Executive Compensation ,
Financial Statements ,
Incentive Compensation ,
New Rules ,
Professional Misconduct ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
In a long-anticipated decision, the Delaware Court of Chancery answered several pending questions regarding the treatment of special purpose acquisition company (“SPAC”) sponsors and directors under Delaware corporate law. In...more
On March 31, the Securities and Exchange Commission’s Division of Corporation Finance published a staff statement which outlines accounting, financial reporting, and governance issues that private companies should consider...more
The ongoing surge in blank check acquisition transactions has invited heightened scrutiny from the Securities and Exchange Commission (SEC), which recently asked several underwriters to disclose information related to their...more
On March 18, 2020, the Delaware Supreme Court (the “Court”) issued a groundbreaking decision reversing the Delaware Court of Chancery’s December 2019 ruling in Sciabacucchi v. Salzberg, 2018 Del. Ch. LEXIS 578 (Del. Ch. Dec....more
Earlier this month, an appellate panel of the federal DC Circuit unanimously held that individuals affected by a healthcare insurer’s data breach in 2014 could pursue claims against the insurer stemming from the cyberattack....more
9/2/2017
/ Appeals ,
Cyber Crimes ,
Data Breach ,
Data Theft ,
Electronic Medical Records ,
Health Insurance ,
Identity Theft ,
Personally Identifiable Information ,
Reversal ,
Split of Authority ,
Spokeo ,
Standing ,
Substantial Risk of Harm
In a June 13, 2017, ruling on a motion for partial summary judgment in the Ocwen Financial Corp. Securities Litigation (the “Ocwen Litigation”), the United States District Court for the Southern District of Florida determined...more
6/30/2017
/ Breach of Duty ,
Class Action ,
Conflicts of Interest ,
Government Investigations ,
Judgment As A Matter Of Law ,
Misleading Statements ,
NYDFS ,
Ocwen ,
Partial Summary Judgments ,
Recusal ,
Rule 10(b) ,
Rule 10b-5 ,
Scienter ,
Securities Litigation
Recently introduced legislation pending before the U.S. House of Representatives attempts to make wide-sweeping reforms to the procedural rules governing class actions and, if implemented, could permanently alter the class...more