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Securities and Exchange Commission (SEC) › Arbitrary and Capricious › Financial Markets

Mayer Brown Free Writings + Perspectives

Fifth Circuit Remands SEC Securities Lending and Short Sale Rules for Further Economic Analysis

Mayer Brown Free Writings + Perspectives on

On August 25, 2025, the United States Court of Appeals for the Fifth Circuit issued an opinion in National Association of Private Fund Managers v. SEC addressing Securities and Exchange Commission (SEC or the “Commission”)...more

Carlton Fields

Fifth Circuit Breaks From No-Action Pack: Becomes Better Bet for Letter Recipients?

Carlton Fields on

On July 21, 2023, a three-judge panel of the Fifth Circuit Court of Appeals issued an opinion asserting that the Commodity Futures Trading Commission’s Division of Market Oversight likely acted arbitrarily and capriciously,...more

Jones Day

Grayscale Scores Win Against the SEC, but the Agency's Significant Market Test Remains Unaddressed

Jones Day on

The D.C. Circuit rebuked the U.S. Securities and Exchange Commission ("SEC") on administrative law grounds but left untouched the test the Agency used to deny proposed bitcoin exchange traded products ("ETP")....more

Robins Kaplan LLP

Financial Daily Dose 2.10.2021 | Top Story: U.S. Drops Plans to Force TikTok Sale to Oracle and Walmart

Robins Kaplan LLP on

After months of drama that we dutifully catalogued right here, the U.S. plan to “force the sale of TikTok’s American operations” to Oracle and Walmart “has been shelved indefinitely.” The forced sale has “languished since...more

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