Utilizing Derivative Action Litigation (Video)

Fiduciary relationships involve the delegation of authority to an agent who is charged with investing assets for the benefit of third-party beneficiaries.

The SEC's Division of Investment Management has issued groundbreaking no-action relief allowing Franklin Templeton registered funds to custody tokenized shares of a blockchain-integrated government money market fund with an affiliated transfer agent. This marks the first time SEC staff has applied the Investment Company Act's self-custody framework to digital assets, establishing a precedent for how registered funds may hold tokenized securities using blockchain technology and multi-party computation protoc

The SEC has proposed rescinding its controversial Pay-to-Play Rule, which has governed political contributions by investment advisers since 2010. The proposal reflects a philosophical shift toward principles-based regulation and addresses longstanding industry concerns about the rule's strict liability standard, complex definitions, and severe consequences for minor violations.

Loeb & Loeb partner Stephen Cohen attended the Securities and Exchange Commission's (the "SEC") Open Meeting held today at the SEC's offices in which the SEC approved a series of rules related to the implementation of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act which will impact both advisers and private funds.

A publicly traded fintech company has announced a $590 million acquisition of its longtime national bank partner, marking a strategic shift from the traditional bank-partnership model to direct ownership of a national bank charter. The transaction, expected to close in the first half of 2027 pending regulatory approvals, would make the fintech a bank holding company while consolidating its banking activities and eliminating certain sponsor-bank fees. This deal represents a faster alternative to pursuing a d

On August 18, the U.S. Department of the Treasury published a notice of proposed rulemaking to implement Section 3 of the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act). The proposal would establish rules governing who may issue payment stablecoins in the United States and when digital asset service providers may offer, sell, or otherwise make payment stablecoins available to U.S. persons. Comments are due October 19, 2026.

On March 3, 2026, the International Swaps and Derivatives Association, Inc. (“ISDA”) and the Emerging Markets Traders Association (“EMTA”) published the 2026 FX Definitions (the “2026 FX Definitions”)...

Private credit markets are showing signs of stress, with enterprise software borrowers particularly vulnerable as AI disruption threatens their business models. Four critical warning signals—deteriorating credit health, rising PIK interest, mid-market concentration of defaults, and strategic misalignment with AI—suggest lenders need to shift from passive monitoring to active portfolio management before the 2028 debt maturity wall arrives.

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

FINRA member firms are rapidly deploying AI tools for employee use, creating new opportunities for misuse and compliance challenges. Drawing on decades of internal review experience, this analysis identifies key risk areas that broker-dealer firms should evaluate as AI adoption accelerates across their organizations.

The Department of the Treasury and IRS have proposed regulations that would eliminate tax-exempt status for private schools maintaining race-based policies in admissions, scholarships, or programs—regardless of remedial or diversity objectives. The rule would affect approximately 18,000 tax-exempt schools, 750,000 students, and outstanding tax-exempt bonds, fundamentally reshaping how educational institutions approach diversity initiatives and donor-restricted scholarships.

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.

An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.

Patent prosecutors often overlook manufacturing method claims due to enforcement challenges, but these patents can provide strategic advantages under 35 U.S.C. § 271(g). A growing split among district courts regarding downstream liability for sellers and users of products made by patented processes creates both uncertainty and opportunity for patent owners seeking to expand protection beyond traditional composition claims.

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?

The Department of Justice has established a new Fraud Division with sweeping authority over criminal fraud, tax fraud, trade fraud, and health care fraud matters. This consolidation of enforcement power into a single division, backed by sophisticated data-driven detection capabilities and a growing team of 500 attorneys, fundamentally reshapes the corporate compliance landscape.

In the second installment of Mintz's multi-part series addressing common questions relating to establishing a new enterprise, Sam Effron and Sebastian Lucier discuss the issuance of...

Home Depot was recently hit with a books-and-records suit in the Delaware Court of Chancery, Frohman v. Home Depot, which seeks documents relating to the giant retailer's data security breach last September.

Under the FAA's rules governing the operation of Unmanned Aircraft Systems for non-recreational purposes, operations within a few miles of an airport are prohibited absent permission from Air Traffic Control (ATC).

New York State has imposed a mandatory greenhouse gas emissions reporting program that will require disclosure of 2026 emissions data in 2027.