Topic
Securities
6,683 published works
SEC Actions
SEC Settles with 11 Firms Based on Admissions and Penalties
One of the hallmarks of Enforcement in recent months has been the reach of the program. While the agency continues to bring cases in traditional areas such as offering frauds…
The D&O Diary
Antitrust Enforcement Leads to Follow-On Securities Suit Against Live Nation
Long-time readers know that a litigation phenomenon on which I have frequently commented is the filing of securities class action lawsuits in the wake of antitrust enforcement actions. These follow-on…
Cleary Securities, Disclosure, and Governance Watch
Bringing an End to “Derivative” Section 14(a) Claims – Without Waiting for the Supreme Court to Weigh In
By Mark E. McDonald, Roger A. Cooper
Much has been written lately about a circuit split on the question whether a company’s forum selection bylaw mandating shareholder derivative lawsuits be brought in Delaware state court trumps a…
The D&O Diary
NERA: First Half Securities Suit Filings Point to Overall Full-Year Increase
The number of federal court securities class action lawsuit filings in the first half of 2023, if annualized, suggests a year-end total number of filings that would represent a 15%…
Consumer Finance Monitor
Courts split on whether cryptocurrency is a security
By Lisa Lanham
To understand the regulatory requirements for cryptocurrency, one must first ask the question what is money. This question is of paramount importance because the federal law definition of “money transmitting”…
Cleary M&A and Corporate Governance Watch
Bringing an End to “Derivative” Section 14(a) Claims – Without Waiting for the Supreme Court to Weigh In
By Mark E. McDonald, Roger A. Cooper
Much has been written lately about a circuit split on the question whether a company’s forum selection bylaw mandating shareholder derivative lawsuits be brought in Delaware state court trumps a…
SEC Actions
This Week In Securities Litigation (Week of August 7, 2023)
As the summer moves forward with blazing days in some parts of the country, the Commission filed a series of cases. Those actions centered on crypto assets, offering frauds, net…
The D&O Diary
Liquidity and Interest Income Concerns Draw Securities Suit Against Bank
Earlier this year, challenges arising from rising interest rates, as well as concerns surrounding liquidity and other issues, led to three of the largest banking failures in U.S. history. The…
Global Regulation Tomorrow
ESMA publishes updated Q&As on the European crowdfunding service providers for business Regulation
On 3 August 2023, the European Securities and Markets Authority (ESMA) published updated Questions and Answers (Q&As) on the European crowdfunding service providers for business Regulation (ECSPR). New Q&As have…
Free Writings + Perspectives
<em>Ripple</em> is Not a Tidal Wave – the SEC’s Case Against Terraform Labs Provides a Quick Counterpoint to the Recent <em>Ripple</em> Ruling
By Joseph A. Castelluccio, Anna T. Pinedo, Rohith P. George, Matthew F. Kluchenek, Steffen Hemmerich, Brandon Birdsall, Jarman Russell
Just weeks after the novel securities analysis in SEC v. Ripple Labs was handed down, a different court in the Southern District of New York has distinguished the approach taken…