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  • Article

    Tax Planning For Carve-Out And Take-Private Transactions: Use Of Selective Section 338 And/or 336 Elections

    A sophisticated tax planning technique for take-private transactions demonstrates how companies can leverage built-in losses from one subsidiary to offset gains from another, potentially achieving stepped-up tax basis at no incremental cash cost.
    United StatesTax
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  • Article

    M&A In The FinTech Space-Comment

    "FinTech M&A has become the second-largest area of emerging tech investment-according to FT Partners, there were 1,485 M&A deals in the FinTech space totalling $348.5bn in 2021.
    United StatesTechnology
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  • Article

    New State Laws Impact Licensing Requirements For Consumer Loan FinTechs And Their Special Purpose Entities

    Connecticut and Nebraska recently adopted statutory amendments to state non-mortgage consumer lending laws that expand licensing requirements. While differing in scope, the common element...
    United StatesTechnology
    Katten
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  • Article

    Public Companies With Exposure To Crypto Markets After FTX Collapse: To Disclose Or Not To Disclose – You Better Disclose If Material, Says SEC Staff

    The recent collapse of FTX and other companies transacting in cryptoassets prompted staff of the U.S. Securities and Exchange Commission...
    United StatesTechnology
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  • Article

    Sale Of Crypto Assets By Promoter Held To Be Sale Of Securities Despite Claimed Utility Use Of Digital Assets By At Least Some Purchasers

    Cryptoassets issued and promoted by LBRY, Inc. (LBRY) and sold directly to investors constituted investment contracts and thus securities, requiring registration with the Securities and Exchange Commission (SEC), ruled a federal court in New Hampshire on November 7.
    United StatesTechnology
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  • Article

    SEC Adopts Rules On Cybersecurity Risk Management, Strategy, Governance And Incident Disclosure By Public Companies

    On July 26, 2023, the Securities and Exchange Commission (SEC) adopted rules requiring registrants to disclose material cybersecurity incidents they experience...
    United StatesTechnology
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  • Article

    Tennessee Expands Right-of-Publicity Statute To Cover AI-Generated Deepfakes

    On March 21, 2024, Tennessee Governor Bill Lee signed into law the Ensuring Likeness, Voice, and Image Security Act of 2024 or the ELVIS Act—an unprecedented piece of legislation...
    United StatesTechnology
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  • Article

    White House Embraces Crypto As SEC Opens Door For Banks

    The Trump administration is moving swiftly to reshape federal digital asset policy.
    United StatesTechnology
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  • Article

    ESMA Publishes Preliminary Findings On The Active Account Requirement

    ESMA has published its first substantive assessment of how the Active Account Requirement is reshaping central clearing in the EU, revealing widespread adoption among roughly 500 market participants and early signs of clearing activity migrating from UK CCPs to EU counterparties. The findings offer preliminary insights into a regulatory framework designed to reduce EU dependencies on third-country central counterparties, with implications for both EU and UK financial institutions navigating this evolving la
    GlobalFinance and Banking
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  • Article

    Keeping Tabs: CFTC And DOJ Charge Software Engineer With Insider Trading For Prediction Market Trades

    The DOJ and CFTC have filed their first cases alleging insider trading in prediction markets based on misappropriated confidential commercial information, charging a software engineer who allegedly used non-public company data to profit from event contracts. These prosecutions expand beyond classified information cases and raise important questions about cross-border jurisdiction, the scope of confidential information protections, and the CFTC's authority over overseas prediction markets.
    GlobalFinance and Banking
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  • Article

    U.S. Government Issues Africa Gold Advisory

    On June 27, a broad lineup of U.S. government departments and agencies issued an "Africa Gold Advisory." The 29-page Advisory, jointly issued by the U.S. Departments of State...
    GlobalGovernment, Public Sector
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  • Article

    The Legality And Business Impact Of Vaccine Passports In The UK

    The COVID-19 pandemic has decimated businesses around the world. In the UK, we have entered a new stage by re-opening the economy and learning to live with the threat the virus continues to pose.
    United KingdomCoronavirus (COVID-19)
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  • Article

    FCA Finalises Overhaul Of UK Transaction Reporting

    On 3 August 2026, the Financial Conduct Authority (FCA) published Policy Statement PS26/15, setting out final transaction reporting rules that will replace and restate assimilated EU law derived from the Markets in Financial Instruments Regulation (UK MiFIR).
    United KingdomFinance and Banking
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  • Article

    Half-Truths: Fraud By Omission Under The Federal Securities Laws

    About two years ago, the Supreme Court held that Section 10(b) and Rule 10b-5(b) did not prohibit "pure omissions."
    United StatesCorporate/Commercial Law
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  • Article

    SEC Scrutiny Into Cash Sweep Programs: What Investment Advisers Need To Know

    In recent years, the US Securities and Exchange Commission (SEC) has initiated several probes into how advisory firms manage their cash sweep programs, which are designed to transfer...
    United StatesCorporate/Commercial Law
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  • Article

    Whistleblower Complaint Capitalizes On SEC Interest In Sustainability Fraud

    Multiple news outlets recently reported that the activist group Mighty Earth filed a whistleblower tip
    United StatesCorporate/Commercial Law
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  • Article

    A Greener Tomorrow: CFTC Issues Final Guidance For Listing Voluntary Carbon Credit Derivatives

    After five years of consultations, public meetings and roundtable discussions, the Commodity Futures Trading Commission (CFTC or Commission) has issued final regulatory guidance (Final Guidance) for exchanges...
    United StatesFinance and Banking
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  • Article

    A Major Change In SEC Enforcement Settlements: SEC Rescinds ‘No-Deny’ Policy

    The Securities and Exchange Commission has eliminated its decades-old "no-deny" settlement policy that prevented parties from publicly disputing allegations after resolving enforcement actions. This policy shift grants broker-dealers and registered investment advisers significantly more flexibility in managing post-settlement communications, reputational concerns, and parallel proceedings, while raising questions about whether FINRA and other securities regulators will adopt similar changes.
    United StatesFinance and Banking
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  • Article

    CFPB Issues Order For Financial Data Exchange To Issue Standards Under CFPB's Personal Financial Data Rights Rule

    On January 8, 2025, the Consumer Financial Protection Bureau (CFPB) issued an order recognizing Financial Data Exchange, Inc. (FDX) as a standard-setting body under the CFPB's Personal Financial Data Rights rule.
    United StatesFinance and Banking
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  • Article

    Deja Vu Again Justified?: CFTC Fines Respondents For Wash Sales Less Than Two Weeks After COMEX Fines And Suspends Two Principals For Same Offense

    A settlement of a potential administrative action against two Dubai residents (Kunal Bansal and Vinit Agarwal) and firms for which they each traded (Aralia Securities, Ltd. and Vintage Bullion DMCC...
    United StatesFinance and Banking
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