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6 Feb 2024, 3:36 pm by Marty Lederman
”  In support of this very broad proposition, the CRSCC cites In re Griffin, in which Chief Justice Chase, sitting by designation, wrote that the disability “create[d]” by Section 3 is “to be made operative … by the legislation of congress in its ordinary course. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
ShareThe Supreme Court will hear oral arguments on Thursday in what is shaping up to be the biggest election case since its ruling nearly 25 years ago in Bush v. [read post]
30 Jan 2024, 9:02 pm by renholding
”[2]  In that same policy, the Commission articulated its belief “that a refusal to admit the allegations is equivalent to a denial, unless the defendant or respondent states that he neither admits nor denies the allegations. [read post]
28 Jan 2024, 8:49 pm by Marty Lederman
§ 2383, which provides that “[w]hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto … shall be incapable of holding any office under the United States. [read post]
25 Jan 2024, 4:06 am by Rob Robinson
” Principle 3, Comment 3(d) (emphasis supplied). [read post]
22 Jan 2024, 9:01 pm by renholding
You are probably well acquainted with its successor, rule 506.[2] Prior to the adoption of former rule 146 in April 1974, the Commission did not have rules interpreting section 4(2) of the Securities Act.[3] As a result, issuers faced uncertainty in determining whether a sale of securities did not involve “any public offering” and in applying case law on the topic, including the Supreme Court’s decision in SEC v. [read post]
16 Jan 2024, 1:19 pm by Kevin LaCroix
According to the SEC’s Rule 34-98738, which went into effect on Jan. 2, “[w]hile short selling can serve useful market purposes, such as facilitating price discovery, there are concerns that it could be used to drive down the price of a security, to accelerate a declining market in a security, or to manipulate stock prices. [read post]