Last week, the Securities and Exchange Commission’s Division of Examinations (the “Division”) released its 2025 examination priorities, an annual publication by the Division designed to make the public aware of issues, areas,...more
The Securities and Exchange Commission (“SEC”) has decided not to petition the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Fifth Circuit’s decision to vacate a controversial package...more
On June 27, 2024, the Supreme Court of the United States issued its decision in SEC v. Jarkesy, holding that the Securities and Exchange Commission (“SEC”) must prosecute securities fraud before a federal court whenever it...more
7/12/2024
/ Administrative Law Judge (ALJ) ,
Article III ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
FRCP 26(b)(1) ,
FRCP 45 ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Seventh Amendment
On March 18, 2024, Ismail Ramsey (“Ramsey”), the U.S. Attorney for the Northern District of California (“NDCA”), announced the launch of NDCA Whistleblower Pilot Program (the “Pilot Program”), a significant new policy that...more
On October 7, 2023, Governor Gavin Newsom signed Senate Bill 253 into law, which imposes climate-related disclosure requirements for companies with revenues over $1 billion annually that do business in California. On the same...more
The SEC’s Cybersecurity Risk Management Strategy, Governance, and Incident Disclosure Rules were officially published in the Federal Register on August 4, 2023 and go into effect on September 5, 2023....more
On July 26, 2023, the U.S. Securities and Exchange Commission adopted enhanced disclosure requirements regarding cybersecurity risk management, strategy, governance and incident reporting for public companies. The final rules...more
Happy New Year! While the holidays hopefully provided a chance to rest and recharge, things have not slowed down in the world of digital asset enforcement. We see a growing dedication of resources by government law...more
1/13/2023
/ Bank Secrecy Act ,
CFTC ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
FDIC ,
FinCEN ,
Fraud ,
Ponzi Scheme ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Suspicious Activity Reports (SARs) ,
Wire Fraud
Last week’s wild ride in the crypto-verse started, of all places, in New Hampshire. On Monday, a federal judge ruled that LBRY Credits (“LBC”) are securities, and thus LBRY violated Section 5 of the Securities Act of 1933 by...more
We knew there would be plenty to write about each month, and so we start with a mention of the White House’s Framework for Responsible Development of Digital Assets, issued on September 16, 2022....more
10/4/2022
/ CFTC ,
CID ,
Commodity Exchange Act (CEA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
Digital Assets ,
Federal Trade Commission (FTC) ,
FinTech ,
OCC ,
Office of Foreign Assets Control (OFAC) ,
SAR ,
SDN List ,
U.S. Treasury ,
Unregistered Securities