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SEC And DOJ Bring Parallel Civil And Criminal Charges Against Five Russians For $82 Million Hack-And-Trade Scheme
On December 20, 2021, the SEC and DOJ each announced fraud charges against five Russian nationals.
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SEC Complaint Upheld In Rare – But Not Unprecedented – Shadow Trading Case
There has been lots of breathless commentary in the financial press and the blogosphere over the SEC's August 2021 filing of an insider-trading case involving so-called "shadow trading."Winstead PC - Article
SEC Expands And Renames Cyber Unit To "Crypto Assets And Cyber Unit
On May 3, the SEC announced that the Cyber Unit in the Division of Enforcement is renamed the "Crypto Assets and Cyber Unit" and will expand by...Winstead PC - Article
Update: Federal Judge Rules That Only Natural Persons Can Be Inventors
The case arises from an appeal filed by Stephen Thaler and his legal team concerning the U.S. Patent and Trademark Office's treatment of U.S. Patent Application Nos. 16/524,350 and 16/524,532Winstead PC - Article
Corporate Trustee's Statements May Suffice For A Statutory Accounting
Trust beneficiaries often request a corporate trustee to prepare a statutory accounting. The Texas Trust Code in Section 113.151 provides that a beneficiary may request a written statement of accounts.Winstead PC - Article
U.S. Supreme Court Blocks OSHA's Vaccine-Related Emergency Temporary Standard
On January 13, 2021, the United States Supreme Court blocked the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard (the ETS) regarding COVID-19 vaccination and testing in the workplace.Winstead PC - Article
Annual OCR Breach Report Deadline Is Approaching; Are You Ready?
By March 2, 2022, HIPAA covered entities (healthcare providers, health plans, and healthcare clearinghouses) must report all 2021 breaches of unsecured PHI that affected fewer than 500 individuals...Winstead PC - Article
Condominium And Community Governance Documentation: An Opportunity To Educate And Remove Obstacles To Action
Though condominium or community governance documents cannot prevent a structural failure, there are a few things you should consider when designing and drafting these documents.Winstead PC - Article
SEC Brings Significant SPAC Enforcement Action
On July 13, the SEC announced charges against an array of participants in a de-SPAC transaction. Among those charged are the SPAC, the SPAC's sponsor, the SPAC's CEO, the merger target, and the merger target's CEO.Winstead PC - Article
SEC Proposes Extensive Rule Changes For Private Fund Advisers
On February 9, 2022, the Securities and Exchange Commission (SEC) proposed new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers.Winstead PC - Article
Federal Judge Rules That Only Natural Persons Can Be Inventors
Recently, a federal judge in the Eastern District of Virginia issued a memorandum opinion in the ongoing dispute over whether artificial intelligence ("AI") machines may be properly identified...Winstead PC - Article
Appellate Court Grants Mandamus Relief To Require A Jury Trial On The Issue Of Whether The Inspection Of Books And Records Of A Company Was Sought For A Proper Purpose
A common complaint of a minority shareholder is the denial of access to the corporation's books and records. A shareholder enjoys the right to examine and copy certain records of the corporation...Winstead PC - Article
Partnership Agreement Was Invalid Where IT Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership
In Adam v. Marcos, an attorney and his client agreed to a joint venture/partnership.Winstead PC - Article
A Summer Of Short-Term Rentals: Planned-Community Considerations
Industry experts are predicting strong demand for short-term rentals in 2021, due in large part to a re-opening economy and pent-up demand for travel.Winstead PC - Article
Business Divorce: Partnership Agreement Was Invalid Where It Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership
The trial court ruled for the client on the attorney's breach of the partnership agreement claim and a breach of fiduciary duty claim.Winstead PC - Article
Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law
The other sons alleged that the last will was invalid due to mental incompetence and due to undue influence.Winstead PC - Article
Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court's Personal Jurisdiction
The Louisiana co-trustees each signed acceptance documents in Louisiana.Winstead PC - Article
2021 Texas Legislative Update: Issues Affecting Master-Planned Community & Condominium Developers And Developer-Controlled Communities
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session...Winstead PC - Article
Using Receiverships To Investigate And Combat Fraud
In this article, Joe Wielebinski and Matthias Kleinsasser of Winstead PC provide an overview of U.S. receivership law and discuss how this equitable remedy may be used to combat fraud alone,...Winstead PC - Article
Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A Corporation
The owners of a corporation may enter into shareholder agreements. In Richie, the Texas Supreme Court stated: "Shareholders of closely-held corporations may address and resolve such difficulties...Winstead PC
