A recent ruling may raise the bar for the Securities and Exchange Commission (SEC) in charging registered investment advisers for omissions of potential conflicts and seeking disgorgement, giving the defense bar additional...more
5/21/2025
/ Appeals ,
Broker-Dealer ,
Disclosure Requirements ,
Disgorgement ,
Enforcement Actions ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Materiality ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Summary Judgment
The FTC has finalized significant changes to the information and level of detail that will be required in premerger antitrust filings under the HSR Act. The new rules will take effect in early 2025.
Among other changes,...more
10/15/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Infrastructure Investment and Jobs Act (IIJA) ,
Mergers ,
NAICS ,
Premerger Notifications
On September 4, 2024, the United States District Court for the Eastern District of Pennsylvania denied D. Allen Blankenship’s challenge to enjoin the Financial Industry Regulatory Authority’s (FINRA) disciplinary action...more
9/20/2024
/ Administrative Law Judge (ALJ) ,
Article III ,
Disciplinary Proceedings ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Subject Matter Jurisdiction ,
Unconstitutional Condition
Since the release of ChatGPT 3.5 in November 2022, public interest in artificial intelligence (AI) has surged in a classic example of a hype cycle. As with past technological breakthroughs, companies may be tempted to...more
8/6/2024
/ Advertising ,
Anti-Fraud Provisions ,
Artificial Intelligence ,
Civil Monetary Penalty ,
Corporate Counsel ,
Enforcement Actions ,
False Statements ,
Investment Advisers Act of 1940 ,
Investors ,
Machine Learning ,
Misleading Statements ,
Public Statements ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Technology Sector ,
Training
With the growing use of artificial intelligence (AI) in financial markets, broker-dealers and investment advisers need to pay attention to the risks posed by AI on firms’ compliance with federal securities laws. While machine...more
11/14/2023
/ Algorithms ,
Artificial Intelligence ,
Broker-Dealer ,
Compliance ,
Conflicts of Interest ,
Data Privacy ,
Discrimination ,
Financial Markets ,
Fraud ,
Investment Adviser ,
Machine Learning ,
Market Manipulation ,
Popular ,
Securities and Exchange Commission (SEC) ,
Software
The Final Rule issued under the Corporate Transparency Act (CTA) is, as forecast, a sweeping and significant update to the U.S. anti-money laundering laws, estimated to affect over 32 million entities by requiring new reports...more
10/12/2022
/ Beneficial Owner ,
Corporate Transparency Act ,
Exemptions ,
Federal Register ,
Final Rules ,
FinCEN ,
Foreign Corporations ,
Limited Liability Company (LLC) ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Small Business
Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more
7/27/2022
/ Beverage Manufacturers ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
FRAND ,
FTC Act ,
Healthcare ,
Manufacturers ,
Memorandum of Understanding ,
Mergers ,
NIST ,
NLRB ,
Pharmaceutical Industry ,
ROI ,
USDA ,
USPTO
On January 24, 2022, the Federal Register published an FTC notice announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR)....more
On February 2, 2021, the Federal Register published an FTC notice announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR)....more