359 results found

"We need regulatory clarity" is a catchphrase among U.S. crypto policy wonks. Just a dose of sensible rulemaking, they say, could secure the nation's technological primacy for another decade or two.

On October 26, 2022, the Securities and Exchange Commission ("SEC") adopted Rule 10D-1 entitled "Listing Standards for Recovery of Erroneously Awarded Compensation.

On March 25, 2024, the Ninth Circuit Court of Appeals affirmed the dismissal of securities fraud claims against biopharmaceutical company Sorrento Therapeutics...

On April 22, 2022, the United States Supreme Court decided City of Austin, Texas v. Reagan Nat'l Advert. of Austin, LLC, 2022 WL 1177494 (U.S. Apr. 22, 2022), in which the Court held that a city...

Proponents of Decentralized Autonomous Organizations (DAOs)—a novel arrangement prominent in decentralized finance (DeFi) projects—have argued that DAOs are software code...

In In re FirstEnergy Corporation, the Sixth Circuit Court of Appeals overturned a district court order requiring FirstEnergy to produce to securities class action plaintiffs materials resulting...

Delaware law is clear that a shareholder generally may not bring a derivative action on behalf of a corporation unless the shareholder pleads that: (i) it made a pre-litigation demand upon the...

In June 2021, the United States Supreme Court issued an 8-1 ruling in Mahanoy Area School District v. B.L. by and through Levy, 141 S.Ct. 2038 (2021), holding that the suspension by a public high school...

On May 9, 2019, the SEC proposed amendments to the accelerated filer and large accelerated filer definitions in Rule 12b-2 under the Securities Exchange Act of 1934 .

On April 12, 2024, the Supreme Court issued a unanimous decision in Macquarie Infrastructure Corporation v. Moab Partners, L.P., holding that a failure...

The Commodity Exchange Act ("CEA") has long been understood to grant exclusive regulatory authority over certain types of financial contracts to the Commodity Futures...

It is hornbook law that federal courts must assure themselves that they have subject-matter jurisdiction before addressing the merits of any case. In Steel Co. v. Citizens for a Better Environment...

In a 6-2 decision on March 27, 2019, the Supreme Court of the United States held that a person who disseminates false or misleading statements to potential investors with the intent to defraud can be found to have violated ...

On March 20, 2020, the Financial Industry Regulatory Authority ("FINRA") issued a regulatory notice (the "Regulatory Notice")...

On March 15, 2024, in Lindke v. Freed, the United States Supreme Court addressed when a public official's use of social media constitutes state action for purposes of triggering protections under the First Amendment.

In a complaint filed on September 26, 2023, the Federal Trade Commission ("FTC"), along with the attorneys general of 17 states...

In 2025, the U.S. Securities and Exchange Commission ("SEC") significantly shifted its approach to enforcement. With the start of the second term of the Trump Administration and the appointment of Paul Atkins...

On February 19, 2019, the Securities and Exchange Commission issued a release proposing new Rule 163B under the Securities Act of 1933, as amended to expand the use of "test-the-waters" ("TTW") communications –