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A&O Shearman

The Luxembourg Stock Exchange launches new segment on Euro MTF market EM3S

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The Luxembourg Stock Exchange has announced the launch of a new segment on its Euro MTF market, called EM3S, which stands for Euro MTF Specialist Securities Segment. This new segment may be an interesting option for issuers...more

Sheppard Mullin Richter & Hampton LLP

OCC Signals Shift on Crypto and Debanking Under Acting Comptroller Hood 

On March 18, Acting Comptroller of the Currency Rodney Hood reiterated the OCC’s commitment to ensuring fair access to banking services, including for cryptocurrency firms. Speaking at a retail banking industry conference,...more

McDermott Will & Emery

SEC Eases Marketing Rule Net Performance Requirement

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On March 19, 2025, the US Securities and Exchange Commission’s (SEC) Division of Investment Management updated its frequently asked questions (FAQs) related to Rule 206(4)-1 (the Marketing Rule) under the Investment Advisers...more

Mayer Brown

What to Expect in Securitization in 2025

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Please join Mayer Brown partners Frank Doorley, Patrick Healy, Janice Kong, and Tameem Zainulbhai for a discussion on What to Expect in 2025 in the fields of structured finance and securitization. They will examine some key...more

Akin Gump Strauss Hauer & Feld LLP

SEC Staff Issues Guidance on Effectiveness of Form S-3 After Filing Form 10-K but Prior to Filing Part III Information

On March 20, 2025, the U.S. Securities and Exchange Commission (SEC) staff issued a set of Compliance & Disclosure Interpretations (C&DIs). In particular, SEC staff revised or withdrew several C&DIs to allow all Form S-3s,...more

Katten Muchin Rosenman LLP

SEC Clarifies Position on Proof-of-Work Mining: What It Means for Bitcoin and Beyond

The Securities and Exchange Commission's (SEC) Division of Corporation Finance issued a significant statement yesterday that certain proof-of-work (PoW) mining activities do not constitute securities offerings under federal...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - March 20, 2025

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Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters...more

Cooley LLP

Securities Act and FPI Exchange Act forms CDIs update

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Corp Fin continues its project of updating CDIs. This new tranche relates to effectiveness of Form S-3 relative to timing of filing of Forms 10-K and proxy statements, allowing non-automatically effective Forms S-3 to be...more

BakerHostetler

Weekly Blockchain Blog - March 2025 #4

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Digital Asset Companies Announce Strategic Acquisitions - According to a recent press release, a major U.S. cryptocurrency exchange has entered into an agreement to acquire NinjaTrader, a U.S. retail futures trading...more

BCLP

New SEC Guidance Eases Form S-3 Registration Process for More Public Companies

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The new registration statement guidance will make capital raises by non-WKSI companies filing on Form S-3 easier, as they can proceed with offerings during periods before their proxy statements are finalized – a privilege...more

Morgan Lewis

SEC Staff Issues Updated Marketing Rule FAQs

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SEC Staff published new guidance providing private fund managers and other investment advisers with flexibility to use extracted performance and portfolio/investment characteristics in marketing materials, without cumbersome...more

Paul Hastings LLP

Daily Financial Regulation Update -- Monday March 24, 2025

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March 21, 2025 - The Financial Crimes Enforcement Network (FinCEN) issued an interim final rule striking the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under...more

Benesch

What the Future May Hold for Crypto Asset Litigation and Regulation

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The Trump Administration has espoused—both on the campaign trail and in recent administrative actions—a strong interest in deregulating cryptocurrency laws and advancing the United States itself as a player in the...more

Dorsey & Whitney LLP

EDGAR Next Goes Live on March 24, 2025; Filers Should Enroll by September 12, 2025

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On September 27, 2024, the Securities and Exchange Commission (SEC) approved a new filer access and account management system called EDGAR Next, via significant amendments to Rules 10 and 11 of Regulation S-T, along with...more

Fenwick & West LLP

SEC Statement on Crypto Mining Signals Shift Away from Securities Enforcement

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On March 20, the SEC released a Statement on Certain Proof-of-Work Mining Activities. In the statement, the Division of Corporation Finance (Corp Fin) provides its view that many proof-of-work mining activities are not...more

Goodwin

SEC Backtracks on Net Performance Requirements in New Marketing Rule FAQs

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On March 19th, the staff of the Securities and Exchange Commission (the “SEC”) issued two new FAQs under the Marketing Rule (Rule 206(4)-1 under the Investment Advisers Act of 1940) that will allow investment advisers to (i)...more

Morgan Lewis

Do SEC Acting Chair’s Remarks Signal a Redux of Government Securities ATS Rulemaking?

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On March 10, 2025, Acting Securities and Exchange Commission (SEC) Chair Mark Uyeda indicated in public remarks that he was directing the SEC staff to revisit a 2020 proposal under then-Chair Jay Clayton that, among other...more

Cozen O'Connor

Nasdaq Increases Initial Listing Liquidity Requirements: What It Means for Companies Going Public

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On March 12, 2025, the SEC approved a significant rule change to Nasdaq’s initial listing liquidity requirements (the New Liquidity Rules). These changes make it more challenging for companies seeking to list on the Nasdaq...more

Faegre Drinker Biddle & Reath LLP

Things I Worry About (10): FINRA Enforcement and Senior Investors (2)

Key Takeaways - FINRA’s 2025 Annual Regulatory Oversight Report 2025-annual-regulatory-oversight-report.pdf included a focus on issues related to retirees and senior investors. - The Report provides guidance to...more

Lowenstein Sandler LLP

SEC Greenlights Proof-of-Work Mining

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The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as...more

Allen Matkins

What Vice Chancellor Strine Got Wrong In Massey Energy Co.

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Vice Chancellor Leo Strine famously wrote that "Delaware law does not charter law breakers".  In re Massey Energy Co., 2011 WL 2176479, at *20 (Del. Ch. May 31, 2011).  Professor William J. Moon picks up on this theme in a...more

Dechert LLP

Good News Coming Out of the SEC for BDCs (and Hopefully More to Come)

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The Securities and Exchange Commission issued notices of its intent to grant multiple share class exemptive relief for seven private business development companies (“BDCs”). The SEC issued a no-action letter that removes a...more

Kohrman Jackson & Krantz LLP

OTC Markets Launches New Market Tier: OTC Pink Companies Must Act Now to Avoid Downgrade

Starting July 1, 2025, the OTC Markets Group will introduce OTCID Basic Market, replacing the current Pink Current tier. The OTC believes that this change will enhance transparency and provide investors with clearer insights...more

Proskauer Rose LLP

SEC Eases Verification Burdens in Rule 506(c) Offerings

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The SEC’s Division of Corporation Finance recently issued an interpretive letter providing additional insight as to what constitutes “reasonable steps” to verify an investor’s accredited investor status under Rule 506(c) of...more

Foley & Lardner LLP

A Delay in Exit Plans

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There was much hope going into 2025 that we would see a rebound in the IPO market after a bit of a drought over the past few years. We left the uncertainty of the election behind us, and good news on the inflation and...more

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