359 results found

On September 10, 2024, in Chamber of Commerce of United States v. Securities and Exchange Commission (SEC), the U.S. Court of Appeals for the Sixth Circuit upheld the SEC's partial rescission of enhanced...

In Hartford Courant Co. v. Carroll, the United States Court of Appeals for the Second Circuit recently affirmed a district court's decision to grant a motion for a preliminary injunction prohibiting the enforcement of certain provisions ...

On May 23, 2022, the United States Court of Appeals for the Eleventh Circuit decided NetChoice, LLC v. Att'y Gen., Fla., 2022 WL 1613291 (11th Cir. May 23, 2022), in which the court held that most...

In two recent cases, the Delaware Supreme Court and Delaware Court of Chancery upheld demands for electronic communications in Section 220 books and records actions.

This note analyzes the key takeaways of the current version of the Digital Asset Market Clarity Act of 2025 (the "CLARITY Act" or "Act")...

In 2017, the Supreme Court of the United States held in Bristol-Myers Co. v. Superior Court that the Due Process Clause of the U.S. Constitution requires all plaintiffs in a mass-tort action to demonstrate that the court has personal jurisdiction over their claims.

This article examines the regulatory framework established by the EU's Markets in Crypto-Assets Regulation (MiCA) through a thorough exploration of two of its foundational...

In In Re Guo, No. 19-781, 2020 WL 3816098 (2d Cir. July 8, 2020), as amended (July 9, 2020) 1, the United States Court of Appeals for the Second Circuit evaluated whether the Supreme Court's...

To succeed on a motion for class certification under Federal Rule of Civil Procedure 23(b)(3), a party must demonstrate that "questions of law or fact common to class members predominate...

With the Guiding and Establishing National Innovation for U.S. Stablecoins Act (the "GENIUS Act") signed into law by President Donald J. Trump on July 18, 2025,1 the spotlight...

On July 1, 2025, in Institutional Shareholder Services, Inc. v. SEC ("ISS"), the U.S. Court of Appeals for the District of Columbia Circuit held that proxy-voting advice recommendations are not "solicitations" under the...

Now more than ever, courts are being asked to decide when website operators are subject to personal jurisdiction and can, therefore, be sued—a potentially vexing problem because websites can be accessed from almost anywhere on the globe.

On October 9, 2025, the Ninth Circuit Court of Appeals, sitting en banc, held that a district court's denial of a motion to strike under California's anti-SLAPP statute is not immediately appealable...

On February 13, 2025, the Second Circuit held that to impose sanctions for spoliation under Federal Rule of Procedure 37(e)(2), the moving party must show, by a preponderance of the evidence...

On October 31, 2024, a Second Circuit panel amended its August 2023 decision in New England Carpenters Guaranteed Annuity & Pension Funds v. DeCarlo...

On April 8, 2025, the Fourth Circuit held that a short seller publication cannot plausibly expose the truth of a company's fraud—as needed to plead loss causation with "sufficient specificity"...

The staff of three CFTC divisions have issued joint guidance outlining standards for the use of tokenized assets as collateral in futures and swaps trading.

On December 11, 2024, a narrowly split 9-8 en banc United States Court of Appeals for the Fifth Circuit vacated the approval of the Securities and Exchange Commission ("SEC")...