Topic
Securities
6,683 published works
The D&O Diary
Guest Post: Conflicts Abound When Activist Short-Sellers Publish Reports
Nessim Mezrahi Stephen Sigrist One of the perennial securities class action litigation issues is the question of how courts should view plaintiff’s allegations made in reliance on short seller reports.…
Free Writings + Perspectives
FINRA Proposes to Reduce the 15-Minute TRACE Reporting Timeframe to One Minute
On January 11, 2024, the Financial Industry Regulatory Authority, Inc. (“FINRA”) filed with the Securities and Exchange Commission (“SEC”) a proposed rule change (the “Proposal”) to amend FINRA Rule 6730…
California Corporate & Securities Law Blog
Is An Option Exercise Non Bis In Idem?
Is the issuance of shares upon exercise of a stock option distinguishable from the issuance of the option? The answer under California's Corporate Securities Law of 1968 may surprise some. …
SEC Actions
This Week In Securities Litigation (Week of January 16, 2024)
The Commission filed one new based on a market manipulation and a second centered on the FCPA. Be careful, be safe this week SEC Enforcement – Filed and Settled Actions…
The Long and Short of It
Webinar: SMAs, AMCs, and Other Actively Managed Products: US Legal Considerations – 25 January 2024
Financial products that provide structured returns (exposure to a range of asset classes while attempting to mitigate credit or other risks) such as separately managed accounts, actively managed certificates and…
The D&O Diary
A New COVID-Related Securities Suit for the New Year
One of the most distinct securities class action lawsuit filing phenomena since the outbreak of COVID-19 in the U.S. in March 2020 has been the surge of pandemic-related securities suits, …
Virtual Currency Report
SEC Approves 11 Spot Bitcoin Exchange-Traded Products
By J. Dax Hansen, Nicole Lundholm, Simon Joassin, Akua Asare-Konadu
On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change…
Crypto Law and Disputes
Is It Time to Re-Assess Whether the Term “Investment Contract” in the Securities Act and Exchange Act is Unconstitutionally Vague?
I. Introduction For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the…
Global Regulation Tomorrow
Published in OJ: Regulation (EU) 2023/2845 amending the CSDR and Short Selling Regulation
On 27 December 2023, there was published in the Official Journal of the EU, Regulation (EU) 2023/2845 amending the Central Securities Depositories Regulation (CSDR) and the Short Selling Regulation. Regulation…
Securities Law Prof Blog
New Securities Law Articles in Print
The following law review articles relating to securities regulation are now available in paper format:Lauren Au, Note, Fractionalization to Securitization: How the SEC May Regulate the Emerging Asset of NFTs,…