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15 Apr 2024, 7:25 am by Unknown
By Lene Powell, J.D.In a unanimous opinion, the Supreme Court ruled that absent a misleading statement, pure omissions are not actionable as securities fraud under Rule 10b–5(b). [read post]
10 Apr 2024, 7:02 am by Unknown
By Lene Powell, J.D.In the SEC’s big jury trial win against Terraform Labs PTE Ltd. and its former CEO, Do Kwon, the jury found that false or misleading statements were reckless or intentional, happened "in the offer or sale" of crypto tokens, and were distributed via the mails or an instrumentality of interstate commerce. [read post]
13 Mar 2024, 8:56 am by Unknown
By Lene Powell, J.D.The SEC is “pursuing a power grab” over the crypto industry by engaging in enforcement while foregoing rulemaking, crypto giant Coinbase told the Third Circuit. [read post]
12 Mar 2024, 6:28 am by Unknown
By Lene Powell, J.D.The SEC Investor Advisory Committee (IAC) adopted a recommendation for the SEC to scale back proposed rules on digital engagement practices. [read post]
27 Feb 2024, 5:56 am by Unknown
”A new Vital Briefing by Senior Legal Analyst Lene Powell, J.D. covers:What is GenAI? [read post]
9 Feb 2024, 5:25 am by Unknown
By Lene Powell, J.D.In a new court filing, ExxonMobil argues the withdrawal of a shareholder proposal on greenhouse gas emissions does not moot its claim for declaratory relief. [read post]
6 Feb 2024, 7:12 am by Unknown
By Lene Powell, J.D.A group of U.S. lawmakers pressed Congressional decisionmakers to eliminate legislative riders that would block federal funds in broad ways relating to environmental, social, and governance (ESG) issues. [read post]
3 Jan 2024, 8:21 am by Unknown
By Lene Powell, J.D.Crypto firm Terraform Labs and its founder Do Kwon sold unregistered securities, a federal district court ruled. [read post]
18 Dec 2023, 5:36 am by Unknown
By Lene Powell, J.D.The Commodity Futures Trading Commission has proposed amendments to CFTC regulations regarding real-time public reporting and swap data recordkeeping and reporting. [read post]
15 Dec 2023, 7:21 am by Unknown
By Lene Powell, J.D.Corporate counsel are navigating new challenges to diversity, equity, and inclusion (DEI) programs. [read post]
17 Nov 2023, 5:54 am by Unknown
By Lene Powell, J.D.Institutional investors representing over $10 trillion in assets under management or advice called on the 50 largest stock-listed chemical companies to phase out PFAS chemicals, citing a “flood” of litigation, insurance risks, and costs running into the hundreds of billions. [read post]
9 Nov 2023, 8:00 am by Unknown
By Lene Powell, J.D.In a new filing, the SEC defended its enforcement action against crypto giant Binance, outlining fundamental registration failures and a secret scheme to evade the law. [read post]
7 Nov 2023, 9:54 am by Unknown
By Lene Powell, J.D.A new BlackRock report discovered significant financial benefits for companies with robust gender diversity. [read post]
2 Nov 2023, 6:10 am by Unknown
By Lene Powell, J.D.Senator Josh Hawley (R-Mo) has introduced a bill aiming to limit public corporations’ ability to influence elections. [read post]
1 Nov 2023, 6:11 am by Unknown
By Lene Powell, J.D.To prepare for a wide range of possible energy futures—from abundant renewable energy to continued substantial reliance on fossil fuels—regulators need to learn from industry experts and public interest groups and work with regulatory partners like the Federal Energy Regulatory Commission (FERC), said CFTC Commissioner Summer Mersinger in remarks at an energy conference. [read post]
26 Oct 2023, 5:59 am by Unknown
By Lene Powell, J.D.SIFMA has amended its complaint in a challenge to Missouri securities rules that purport to “require transparency regarding ESG. [read post]
6 Oct 2023, 5:47 am by Unknown
By Lene Powell, J.D.A new litigation risk is emerging in the form of lawsuits challenging companies’ diversity, equity, and inclusion (DEI) policies. [read post]