Utilizing Derivative Action Litigation (Video)

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.

Moore & Van Allen's Derivatives & Trading team provides comprehensive analysis of recent CFTC and SEC enforcement actions, proposed regulations on crypto assets...

The SEC has approved new NYSE and NYSE American listing rules establishing a $0.25 minimum trading price, effective July 1, 2027. A single closing price below this threshold triggers immediate trading suspension and delisting proceedings with no cure period. Companies trading at low share prices must act now during the transition period to implement reverse stock splits and establish monitoring procedures before this hard floor takes effect.

The Health Resources and Services Administration has announced a revised 340B Rebate Model Pilot Program for drugs subject to Medicare's Maximum Fair Price, expanding eligibility to manufacturers with selected drugs for 2026 and 2027. The program introduces new data requirements, dispute resolution mechanisms, and stricter compliance monitoring while addressing stakeholder concerns about administrative burden and program integrity.

The U.S. Securities and Exchange Commission has proposed Regulation Crypto Assets, introducing two new exemptions from registration requirements and a safe harbor provision for investment contracts involving crypto assets. How will these tailored frameworks—the Startup Exemption for offerings up to $5M and the Fundraising Exemption for larger capital raises—reshape the regulatory landscape for digital asset issuers while preserving investor protections?

Medicare Advantage faces unprecedented regulatory scrutiny as federal agencies deploy aggressive audit strategies, Congress investigates alleged fraud schemes, and courts challenge CMS's authority over payment structures.

On May 29, 2026, the Commodity Futures Trading Commission (CFTC) took a series of coordinated actions to establish a domestic regulatory framework for perpetual contracts on digital commodities.

The CFTC continues its regulatory evolution with significant developments in June 2026, including the rescission of its longstanding no-deny settlement policy, proposed amendments to whistleblower protections, and joint harmonization efforts with the SEC on data reporting and portfolio margining. The agency also advances its oversight of prediction markets while CME Group challenges the CFTC's characterization of cryptocurrency perpetual futures contracts.

Lowenstein Sandler achieves groundbreaking SEC no-action relief enabling zero cash balance brokerage accounts, while global regulators advance digital asset infrastructure and issue new guidance on AI supervision and prediction market contracts. How are these developments reshaping the intersection of traditional finance, emerging technology, and regulatory oversight?

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.

On September 18, 2026, President Trump issued a proclamation that extends through September 21, 2027 a $100,000 fee for H-1B petitions that are filed as consular petitions or are only approvable for consular notification.

The Trump administration's most-favored-nation pricing initiative has expanded to include nine additional mid-sized pharmaceutical manufacturers, bringing the total coverage to 89% of the brand drug market. These new agreements focus on Medicaid pricing discounts aligned with international rates, while manufacturers commit billions to U.S. manufacturing and research in exchange for exemptions from future pricing mandates and potential tariffs.

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.

The Department of War's Office of Strategic Capital has launched a groundbreaking $500 million to $1 billion fund finance program targeting critical minerals vital to U.S. national security. How will this federal-private capital partnership reshape financing for companies addressing supply chain vulnerabilities in strategic materials?

Sources informed the Wall Street Journal that a definitive MasterCard settlement could be announced as soon as this week.

The US Department of Energy's Office of Energy Dominance Financing has unveiled its Strategic Plan for 2026-2030, marking a significant shift in federal energy financing priorities. With over $300 billion in combined loan authority across four programs, EDF aims to deploy hundreds of billions in new financing commitments while maintaining rigorous underwriting standards.

Antora Energy, a leading US thermal battery manufacturer, has secured $550 million in Series C financing to scale deployment of its innovative energy storage technology that converts low-cost electricity into heat stored in solid carbon blocks. The oversubscribed funding round will support expanded manufacturing capacity, establishment of a second US production hub, and large-scale project deployment to meet surging energy demand from industrial facilities, data centers, and the grid.

New York lawmakers have passed Senate Bill 2236-A, known as the “Wage Payment Integrity Act” (the “Act”), which would significantly expand what qualifies as protected “wages” under the New York Labor Law (“NYLL”) and would give employees enhanced tools to recover unpaid compensation.

A Federal District Court in Massachusetts recently enforced a noncompetition agreement against a senior supply chain executive who moved to a competitor in the dialysis industry. The decision addresses critical questions about employer signature requirements under the Massachusetts Noncompetition Agreement Act, the scope of affiliate-level protections, and whether long-term incentive awards can satisfy the statute's consideration requirements.