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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]

The D & O Diary - http://www.dandodiary.com/

[Josh Blackman] A New, Rushed, Flawed Article In The Section 3 Debate

4 Jan 2024, 12:50 pm by Josh Blackman

SEC. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] Don't Ask a Judge to Rule for You and Then Send Him a Death Threat

24 Nov 2023, 9:32 am by Eugene Volokh

Hardy (7th Cir. 2019) (affirming dismissal based on plaintiff's willful disobedience of discovery rules); Secrease v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

SEC Commissioner Speaks on Using Enforcement Actions to Set Regulatory Policy

9 Nov 2023, 9:01 pm by renholding

I arrived at the SEC in October 2006 to serve as counsel to Commissioner Paul Atkins. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

CII supports call for post-IPO holding period for unregistered shares in wake of Slack ruling

10 Oct 2023, 1:10 pm by Unknown

The need for the holding period came into sharp focus, the association said, after the Supreme Court’s decision in Slack Technologies LLC v. [read post]

Jim Hamilton's World of Securities Regulation - http://jimhamiltonblog.blogspot.com/

Redemption Mechanisms in Poison Pills: An Underappreciated Element of Takeover Defense

27 Sep 2023, 9:05 pm by renholding

This is supported by the Delaware Supreme Court’s seminal opinion in Moran v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

SPAC spat over distant enterprise and a ‘dodgy bargain’ put specific performance out of reach

11 Sep 2023, 5:19 am by Unknown

The court has set a trial date regarding the issue of damages (26 Capital Acquisition Corp. v. [read post]

Jim Hamilton's World of Securities Regulation - http://jimhamiltonblog.blogspot.com/

Unpacking IDC v Lenovo (Part IV): top-down cross check; allegations regarding conduct; permission to appeal

5 Sep 2023, 4:06 am by Henry P Yang

And InterDigital’s reliance on publicly available information from their SEC filings can be misleading ([923]). [read post]

IPKat - http://ipkitten.blogspot.com/

Government files merits brief in SEC ALJ case

1 Sep 2023, 12:43 pm by Unknown

While the government urged the justices to reverse the Fifth Circuit’s decision against the SEC in its entirety, portions of the government’s merits brief suggest the possibility of a split decision from the justices (SEC v. [read post]

Jim Hamilton's World of Securities Regulation - http://jimhamiltonblog.blogspot.com/

Wachtell Discusses the U.S. Supreme Court’s Business Docket for the October Term 2022

16 Jul 2023, 9:01 pm by renholding

In Groff v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Coinbase operates as unregistered exchange, broker, and clearing agency, SEC says

7 Jun 2023, 6:47 am by Unknown

The SEC says that Coinbase's refusal to follow the rules has deprived investors of the protections to which they are entitled (SEC v. [read post]

Jim Hamilton's World of Securities Regulation - http://jimhamiltonblog.blogspot.com/

The "Dark Donald" Scenario Underscores the President's Lack of Prioritization Authority

27 May 2023, 10:44 am by Michael C. Dorf

Precedents like Train v. [read post]

Dorf on Law - http://www.dorfonlaw.org/