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Amicus Briefs Securities and Exchange Commission (SEC)

Cozen O'Connor

The State AG Report – 8.22.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Texas Court Ruling Deals Blow to FTC Non-Compete Rule - ...more

Cozen O'Connor

California Files Amicus Brief Defending SEC Climate Disclosure Rule

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California AG Rob Bonta has filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in defense of the SEC’s climate disclosure rules (Final Rule), which requires publicly traded companies to disclose...more

Fenwick & West LLP

SEC Files Brief in Support of Climate Disclosure Rules

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On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for...more

Cozen O'Connor

Republican AGs Pen Amicus Challenging SEC’s Authority to Regulate Crypto

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A group of 7 Republican AGs filed an amicus brief with the U.S. District Court for the Northern District of Texas in a litigation between the SEC and a company in the cryptocurrency space, arguing that the SEC does not have...more

Gray Reed

Amicus Briefs Filed, Challenging SEC's "Regulation By Enforcement" Approach

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Gray Reed has recently filed two significant amicus briefs challenging the Securities and Exchange Commission’s (SEC) controversial “regulation by enforcement” approach, particularly in emerging technology sectors....more

Mintz

Republican Lawmakers Submit Amicus Brief Urging Eighth Circuit to Void SEC's Mandatory Climate Disclosure Rule

Mintz on

On June 25, 2024, thirty-five Republican legislators, including seventeen senators and eighteen representatives, filed an amicus brief in the Eighth Circuit Court of Appeals in support of the pending challenge to the SEC’s...more

Troutman Pepper

8 State AGs Argue That SEC’s Crypto Enforcement Action Is Unlawful

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On February 29, the state of Montana, supported by seven other states, filed an amicus brief arguing that the Securities and Exchange Commission (SEC) lacks authority to regulate crypto assets. The attorneys general (AG)...more

Cozen O'Connor

The State AG Report – 2.22.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •FTC, California DFPI Team Up Against Mortgage Relief Scams...more

Cozen O'Connor

Republican AGs Wade Into CAT Fight

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A coalition of 23 Republican AGs, led by Arkansas AG Tim Griffin, filed an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit in American Securities Association v. U.S. Securities and Exchange Commission...more

Troutman Pepper

State AGs Write Amicus Brief Arguing Nasdaq Diversity Rule Is Unconstitutional

Troutman Pepper on

Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Nov. 29 in case involving challenge to use of administrative law judges by federal agencies

Ballard Spahr LLP on

On November 29, 2023, the U.S. Supreme Court will hear oral argument in Jarkesy v. Securities and Exchange Commission, a case in which the respondents are challenging the constitutionality of the SEC’s use of administrative...more

Steptoe & Johnson PLLC

Fifth Circuit Upholds Nasdaq’s Rules on Board Diversity

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In Alliance for Fair Board Recruitment v. SEC, a panel of three 5th U.S. Circuit Court of Appeals judges upheld Nasdaq’s rules on board diversity. The rules require each Nasdaq-listed company to disclose information on the...more

Carlton Fields

NAFA Enters the Game, Files Amicus Brief in SEC v. Cutter

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On August 23, 2023, the National Association for Fixed Annuities (NAFA) filed an amicus brief in the case of SEC v. Cutter Financial Group LLC in federal district court in Boston. The brief followed the filing of an amended...more

Bracewell LLP

FINRA Facts and Trends: September 2023

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Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month,...more

Harris Beach PLLC

Syndicated Loans are Not Securities, Court Rules

Harris Beach PLLC on

In a win for banks and private credit lenders, the U.S. Court of Appeals, Second Circuit recently ruled a $1.8 billion leveraged loan was not a security. The United States syndicated loan market had been anxiously...more

Vinson & Elkins LLP

Supreme Court Set to Review Burden of Proving Retaliatory Intent in SOX Whistleblower Suits: Employee or Employer?

Vinson & Elkins LLP on

On May 1, 2023, the United States Supreme Court agreed to hear an appeal in Murray v. UBS Securities, LLC.1 There, the United States Court of Appeals for the Second Circuit held that an employee whistleblower suing under the...more

Cozen O'Connor

Diversity or Discrimination? Amicus Brief Argues Against Nasdaq’s Board Diversity Rule

Cozen O'Connor on

A group of 17 Republican AGs, led by Arizona AG Mark Brnovich, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit in Alliance for Fair Board Recruitment v. SEC, No. 21-60626, in support of a challenge to...more

Cozen O'Connor

Testimony Against Flavored Tobacco | Affordable Cellular Service | McKinsey Settles Over Opioid Role

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2022 AG Elections- Arkansas Lt. Governor Announces Intent to Run for Attorney General- •Arkansas Republican Lieutenant Governor Tim Griffin announced that he is dropping his gubernatorial bid and is running for...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Provides Guidance on Delegation of Beneficial Ownership in Short-Swing Trading Case Brought Under Section 16 of the...

In a recent precedential decision, the 2nd Circuit held that funds could delegate beneficial ownership to their investment managers, thereby eliminating the funds’ disgorgement liability under Section 16(b) of the Securities...more

Bracewell LLP

Regulation BI Challenged in Second Circuit

Bracewell LLP on

As we reported in a previous alert, the SEC and FINRA recently confirmed that Regulation Best Interest (“Regulation BI”) will go into effect on the scheduled compliance date of June 30, 2020, despite the impact of the...more

Perkins Coie

Blockchain Week in Review - January 2020 #3

Perkins Coie on

U.S. Developments - Federal and State Regulatory Developments - Bill in Hawaii State Senate Addresses Digital Assets Including Authorization for Banks to Serve as Qualified Custodians - SB 2594 before the Hawaii...more

Cozen O'Connor

The State AG Report Weekly Update October 2018 #1

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Antitrust= 31 Attorneys General File Amicus Brief Urging U.S. Supreme Court to Allow Indirect Purchasers to Bring Antitrust Lawsuit Against Technology Company- A bipartisan coalition of 31 AGs filed an amicusbrief in...more

Miles & Stockbridge P.C.

Who is a Whistleblower? The Supreme Court Will Give the Final Word

Next term the Supreme Court hopefully will provide an answer to the hotly debated question whether the Dodd-Frank Act’s anti-retaliation provision (Section 21F) protects only those whistleblowers who report violations to the...more

Foley Hoag LLP - Global Business and Human...

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - February 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a federal court decision holding that U.S.-based companies may be...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

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SEC Awards Bounty to Whistleblower, But Offsets Award for a Judgment Against the Whistleblower - The extent to which the SEC would reward whistleblowers, who themselves engaged in wrongdoing, has been the subject of...more

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