On July 31, 2023, Judge Jed S. Rakoff in the Southern District of New York ruled that the U.S. Securities and Exchange Commission (SEC) may proceed with its case against Terraform Labs (“Terraform”) and its CEO, Do Hyeong...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. This...more
On July 13, 2023, Judge Analisa Torres in the Southern District of New York issued the much-anticipated summary judgment order in the Securities and Exchange Commission’s (SEC) case against Ripple Labs and two senior leaders,...more
7/18/2023
/ Asset Tokens ,
Bitcoin ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Fund Transfers ,
Hedge Funds ,
Howey ,
Investment Contract ,
Lock-Up Agreement ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Unregistered Securities
On April 14, 2023, the Securities and Exchange Commission (SEC) reopened the comment period on proposed amendments to Rule 3b-16 under the Securities Exchange Act of 1934 (the “Exchange Act”) (the “Amendments”). The...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources...more
4/21/2023
/ Accounting Fraud ,
Brazil ,
CEOs ,
Corporate Counsel ,
Cryptocurrency ,
Cyber Incident Reporting ,
Cybersecurity ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Failure To Disclose ,
Fraud ,
Misleading Statements ,
Perks ,
Popular ,
Ransomware ,
Safety Standards ,
Securities and Exchange Commission (SEC) ,
U.S. Navy ,
Unregistered Securities
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. This...more
2/20/2023
/ Business Conduct Standards ,
CEOs ,
Corporate Counsel ,
Cryptocurrency ,
Cyber Attacks ,
Disclosure ,
Disgorgement ,
Enforcement Actions ,
Failure To Disclose ,
Fixed Income Investments ,
Intent to Defraud ,
Investors ,
Lending Programs ,
McDonalds ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important and interesting SEC enforcement developments from the past month, with links to primary...more
1/17/2023
/ Anti-Money Laundering ,
AT&T ,
Corporate Counsel ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
Hedge Funds ,
Investors ,
Know Your Customers ,
Misappropriation ,
MNPI ,
Regulation FD ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs)
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources....more
12/13/2022
/ Bitcoin ,
Blockchain ,
Corporate Counsel ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
File Sharing ,
Goldman Sachs ,
Howey ,
Investment ,
Investment Advisers Act of 1940 ,
Policies and Procedures ,
Ponzi Scheme ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
On November 7, 2022, Judge Paul J. Barbadoro in the United States District Court for the District of New Hampshire granted summary judgment in favor of the Securities and Exchange Commission against the content sharing...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. This...more
9/7/2022
/ Asset Tokens ,
Corporate Counsel ,
Cryptoassets ,
Cryptocurrency ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
Failure To Disclose ,
False Reporting ,
Fraud ,
Investors ,
Principal Executive Officer ,
Securities and Exchange Commission (SEC) ,
Shareholders
In the 1920s, a new form of investment fraud roared into the markets with the advent of the Ponzi scheme. Last week, the Securities and Exchange Commission (SEC) filed a complaint captioned SEC v. Okhotnikov et al. in the...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important U.S. Securities and Exchange Commission (SEC) enforcement developments from the past month,...more
8/8/2022
/ Chief Compliance Officers ,
Chief Information Security Officer (CISO) ,
Compliance ,
Corporate Counsel ,
Cryptocurrency ,
Financial Institutions ,
Identity Theft ,
Insider Trading ,
Investment Adviser ,
Investment Schemes ,
Popular ,
Registered Investment Advisors ,
Securities and Exchange Commission (SEC)
On February 17, 2022, Deputy Attorney General (DAG) Lisa Monaco announced a significant step in advancing its cryptocurrency-related enforcement priorities by naming the first leader of the National Cryptocurrency Enforcement...more
The Securities and Exchange Commission (“SEC”) brought three enforcement actions concerning digital assets in rapid succession in a week, underlining that the Division of Enforcement is as committed to crypto enforcement...more
Pending before the Second Circuit is a unique (and apparently sua sponte) application of the jurisdictional test announced by the Supreme Court in Morrison v. Nat’l Australia Bank Ltd., to dismiss non-securities state law...more
6/7/2021
/ Breach of Contract ,
Cryptocurrency ,
Extraterritoriality Rules ,
Initial Coin Offering (ICOs) ,
Investment Contract ,
Morrison v National Australia Bank ,
Popular ,
Pump and Dump ,
Securities Act of 1933 ,
Securities Exchange Act ,
United Arab Emirates (UAE)