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18 Apr 2024, 9:01 pm by renholding
”[2] With respect to the latter, just over a week ago, the SEC prevailed on its fraud claims against Terraform and its founder Do Kwon.[3] A jury in the Southern District of New York found the defendants liable for misleading investors in multiple ways before the collapse of their stablecoin, along with the rest of their ecosystem, in 2022. [read post]
5 Feb 2024, 5:05 am by Will Baude
Again, this is like saying that there would have been no reason for Congress to enact the First Amendment to the Constitution in 1789 because modern precedents such as New York Times v. [read post]
23 Jan 2024, 11:47 am by Jason Rantanen
One recent decision out of New York merits closer attention. [read post]
16 Jan 2024, 1:19 pm by Kevin LaCroix
District Court for the Southern District of New York, “[a]s the assembled case law reflects, to the extent that open-market securities fraud complaints use as the source for adverse factual allegations about a public issuer a report by a short seller — an entity with an economic interest in driving down the company’s stock price — these allegations must be considered with caution. [read post]
1 Dec 2023, 4:40 am by Beatrice Yahia
Ronen Bergmen and Adam Goldman report for the New York Times. [read post]
29 Nov 2023, 9:01 pm by renholding
District Court for the Southern District of New York ruled that Ripple’s XRP token is not a security and did not constitute an investment contract when sold on the secondary market; this was the first court to decide that a digital asset challenged by the SEC was not a security.[10] ESG The SEC also continued its focus on ESG, with several new actions relating to what the agency viewed as misleading ESG claims. [read post]
27 Nov 2023, 8:07 am by Eric Goldman
Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman, and Jon Jekel; and news reporters from the New York Times (Adam Liptak) and Bloomberg (Greg Stohr). [read post]
6 Oct 2023, 9:41 am by Eugene Volokh
Santa Clara University School of Law professor Eric Goldman and TechFreedom highlight the extraordinary and unprecedented nature of New York's statute. [read post]
7 Jun 2023, 4:20 am by Andrew Lavoott Bluestone
In any event, the court properly denied the prediscovery motion as premature, given plaintiff’s showing that facts essential to justify opposition to defendant’s motion may lie within defendant’s exclusive knowledge or control (see CPLR 3212[f]; Lyons v New York City Economic Dev. [read post]
2 Jun 2023, 5:01 am by Andrew Lavoott Bluestone
Since the Sacco defendants failed to make their prima facie showing, we do not need to consider the sufficiency of the plaintiff’s opposition papers (see Winegrad v New York Univ. [read post]
3 Apr 2023, 4:20 am
In 2023 FINRA Settles With Goldman Sachs Over Mismarked Short Sales Dating Back to 2015 (BrokeAndBroker.com Blog) FINRA Arbitration Award Gives Us A Case of Gas From Chipotle Bean Burrito Puts (BrokeAndBroker.com Blog) Steven Schwartz, Plaintiff, v. [read post]
3 Apr 2023, 4:20 am
Allstate Insurance Company, Defendants (Memorandum and Order, United States District Court for the Eastern District of New York) Goldman Sachs gets $3M FINRA fine for 60 million short sale errors (Financial Planning by Victoria Zhuang) Latest SEC budget request emphasizes an enforcement agenda (Financial Planning by Dan Shaw) Industry Group Calls on Finra to Drop Series 7 Sponsorship Requirement (Financial IQ by Sam Del Rowe) ... [read post]