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12 Apr 2021, 9:29 am by John Jascob
By Lene Powell, J.D.The Ninth Circuit upheld the dismissal of a fraud action against an investment bank, finding a lack of scienter. [read post]
18 Dec 2017, 5:00 am by John Jascob
By Lene Powell, J.D.Despite perhaps fond hopes, the SEC’s Pay Ratio Disclosure rule remains in force and many companies will be dealing with it for the first time in the 2018 proxy season. [read post]
1 Mar 2023, 5:07 am by Unknown
By Lene Powell, J.D.A small crypto-focused law firm is fighting to keep its lawsuit alive demanding that the SEC take a public stand on the Ethereum crypto network and Ether token. [read post]
2 Nov 2021, 6:41 am by John Jascob
By Lene Powell, J.D.Holding individuals accountable for white collar crime is the “first priority” for the DOJ, said Deputy Attorney General Lisa O. [read post]
21 Nov 2019, 7:57 am by John Jascob
By Lene Powell, J.D.In a CNBC interview and opinion piece in Fortune magazine, CFTC Chairman Heath Tarbert made the case that the U.S. must remain a leader in fintech in order to ensure U.S. prosperity. [read post]
30 Dec 2014, 12:03 pm by John Jascob
[This story previously appeared in Securities Regulation Daily.]By Lene Powell, J.D.In an action by a group of pension funds against the Bank of New York Mellon over the poor performance of residential mortgage-backed securities (RMBS) following the 2008 financial crisis, the Second Circuit held that the pension funds lacked standing to assert claims related to RMBS trusts in which they did not invest, because different concerns were implicated for the two sets of trusts. [read post]
16 Aug 2023, 4:35 am by Unknown
By Lene Powell, J.D.In defending against an SEC enforcement action for alleged registration violations, Coinbase received support from two recently filed amicus briefs on SEC crypto asset regulation and enforcement. [read post]
31 Jan 2019, 5:00 am by John Jascob
By Lene Powell, J.D.Stressing a need to correct CFTC overreach in cross-border regulation, Chairman J. [read post]
9 Feb 2023, 5:00 am by Unknown
By Lene Powell, J.D.The SEC is asking a federal district court to dismiss a lawsuit by a small crypto-focused law firm seeking declaratory relief relating to the Ether digital asset and Ethereum network. [read post]
22 Jul 2021, 6:13 am by John Jascob
By Lene Powell, J.D.In keynote remarks at the ABA Virtual Derivatives and Futures Law Committee Mid-Year Program, SEC Chairman Gensler discussed potential rulemaking for increased reporting of security-based swaps that were implicated in the startling meltdown of Archegos Capital in March, which caused serious fallout for several banks. [read post]
24 Nov 2021, 7:51 am by John Jascob
By Lene Powell, J.D.The Council for Institutional Investors (CII) has filed an amicus brief in one of three high-profile lawsuits on behalf of a SPAC investor brought by former SEC Commissioner Robert Jackson, Jr. [read post]
25 Feb 2012, 7:14 am by James Hamilton
The study recommended an enhanced role in cost benefit analysis for the Chief Economist.In the rulemaking dissent, Commissioner O’Malia indicated that he would follow up his statement with a letter to the Director of the OMB seeking an independent review of the new rules to determine wither the rulemaking fully complies with the President’s Executive Orders and OMB guidance found in OMB Circular A-4.This post was contributed by my colleague Lene Powell [read post]