New rules reflect significant concessions in response to public comments, but compliance will require careful consideration and significant investment by SEC registrants.
- Scope 3 emissions disclosure not required for...more
3/11/2024
/ Annual Reports ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Final Rules ,
Greenhouse Gas Emissions ,
Proposed Regulation ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On August 30, 2023, in a case of first impression, the U.S. District Court for the Southern District of New York dismissed in full a putative securities class action against Uniswap Labs, a decentralized finance (“DeFi”)...more
9/15/2023
/ Blockchain ,
CFTC ,
Class Action ,
Crypto Exchanges ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
FinCEN ,
Investors ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Swap Trading
In SEC v. Ripple Labs, the U.S. Securities and Exchange Commission (“SEC”) alleges that Ripple Labs, Inc. and two of its executives raised over $1.3 billion through an unregistered and ongoing digital asset securities...more
7/18/2023
/ Capital Raising ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Offerings ,
Ripple ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Unregistered Securities
Only a few months into the new year and the U.S. Securities and Exchange Commission (SEC) has begun to wade into new waters with enforcement efforts focused on disclosure issues without traditional links to securities...more
Back in August, we flagged that the U.S. Securities Exchange Commission’s (SEC) enforcement action against crypto influencers who promoted Forsage, a USD300 million crypto Ponzi scheme (link), demonstrated that the SEC would...more
The U.S. Securities Exchange Commission (SEC) has filed a lawsuit in federal court against 11 individuals, alleging securities violations related to a USD300 million crypto Ponzi scheme known as Forsage. ...more
On June 30, the US Supreme Court (the Court) issued a key ruling in West Virginia v. EPA that limits the powers of the Environmental Protection Agency (the EPA) to regulate greenhouse gas emissions without explicit...more
On May 25, 2022, the Securities and Exchange Commission (the SEC) proposed rule and form amendments that, if adopted, would require specific, additional disclosures regarding environmental, social, and governance (ESG)...more
The aggressive campaign by the U.S. Department of Justice (DOJ) Antitrust Division to reinvigorate criminal enforcement of the antitrust laws has been framed in part by whether it can achieve a measure of success in a series...more
The U.S. Department of Justice (DOJ) recently revised its Antitrust Division Leniency Policy and Procedures and has published updated guidance in the form of FAQs...more
The U.S. Department of Justice (DOJ) released revisions to its Antitrust Division Leniency Policy and Procedures as well as updated guidance in the form of Frequently Asked Questions (FAQs) on April 4, 2022. Since its...more
On Monday, March 21, 2022, the U.S. Securities and Exchange Commission (SEC) proposed, at a scheduled Open Meeting, amendments to its rules under the Securities Act of 1933 and the Securities Exchange Act of 1934 that would...more
The DOJ Antitrust Division is amplifying the Biden Administration’s whole-of-government approach to antitrust enforcement by seeking cooperation from enforcers outside the U.S....more
We are delighted to invite you to join our webinar taking place on Thursday, March 3 at 12:00 p.m.— 1:30 p.m. EST where we will be discussing the evolving U.S. enforcement priorities in the digital asset space. Our speakers...more
Why The Covid-19 Coronavirus Crisis Might Accelerate U.S. Regulatory Enforcement And Civil Litigation Over ESG Disclosures -
Each day we perform the same morbid mathematical calculations. How many total confirmed Covid-19...more
Recent announcements from senior Antitrust Division officials have brought about sweeping policy changes that are likely to displace the corporate leniency program as the only potential benefit of prompt self-reporting and an...more
When assessing anti-money laundering risk and exposure, global financial institutions should be mindful of the complex landscape and assertions of broad authority by U.S. authorities and banking regulators. A multinational...more
The U.S. Department of Justice Antitrust Division’s case against Kemp Associates, an heir location service firm, has focused attention on the growing role of the rule of reason in the defense of criminal antitrust...more
Failure to make certain disclosures required under US securities laws can result in SEC enforcement proceedings. Until recently, however, there was no appellate authority suggesting that one particular provision, Item 303 of...more
On September 17, 2014, in Gucci America, Inc. v. Li and Tiffany (NJ) LLC v. Forbse, the United States Court of Appeals for the Second Circuit held for the first time that foreign banks are not subject to jurisdiction in the...more