Coinbase’s Defense Falters: Latest Developments in SEC Legal Battle
Duane Morris | White-Collar Criminal Law
by Duane Morris
2w ago
A New York federal court has held that the SEC sufficiently pleaded that Coinbase—a well-known cryptocurrency exchange, broker, and clearing agency—operated as an unregistered intermediary of securities and engaged in the unregistered offer and sale of securities through its crypto staking program.  In a partial win for Coinbase (and possibly others offering wallet services), the ..read more
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Webinar: U.S. Law Enforcement Targets Crypto in Asia: The Tiger in the Grass ‒ What Every Crypto Actor Must Know Now
Duane Morris | White-Collar Criminal Law
by Duane Morris
7M ago
Duane Morris will present U.S. Law Enforcement Targets Crypto in Asia: The Tiger in the Grass ‒ What Every Crypto Actor Must Know Now on Thursday, November 30, 2023, from 10:00 a.m. to 11:00 a.m. Singapore. REGISTER About the Program Crypto entrepreneurs and their financers and advisers are facing unprecedented enforcement activity from the U.S. government ..read more
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Divide in the Southern District Over When Cryptocurrency is a Security
Duane Morris | White-Collar Criminal Law
by Duane Morris
9M ago
On July 31, 2023, and only a few weeks after the Ripple decision, another judge in the U.S. District Court for the Southern District of New York held that the case against Terraform Labs (Terraform) and its CEO may proceed because the Security and Exchange Commission (SEC) adequately pled that Terraform’s crypto assets (a stablecoin ..read more
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Both Defendants and the Security and Exchange Commission Score Partial Wins in Cryptocurrency Decision
Duane Morris | White-Collar Criminal Law
by Mauro M. Wolfe
10M ago
By Mauro Wolfe, Vincent Nolan and Angela Benoit On July 13, 2023, the U.S. District Court for the Southern District of New York granted partial summary judgment in favor of Ripple Labs Inc. (Ripple), holding that the company did not violate the Securities Act by selling its XRP token on public exchanges. Despite this partial ..read more
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Pennsylvania Innocence Project Recognizes Leigh Skipper for His Commitment to Pursuing Justice
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
The Pennsylvania Innocence Project presented the 2023 Maureen Rowley Award to Duane Morris partner Leigh Skipper. Leigh is the former Chief Federal Defender for the Eastern District of Pennsylvania. He succeeded Maureen Rowley in that role in 2009 and led one of the largest and most respected federal defender offices in the country until 2022 ..read more
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Fraud-On-The-FDA Theory Of Liability Reawakened by DOJ Filing
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 3, the U.S. Department of Justice Civil Division’s Washington, D.C., office filed a statement of interest in a relator’s action, arguing that “[c]onduct giving rise to a regulatory violation can also give rise to” False Claims Act liability. The case is U.S. ex rel. Patricia Crocano v. Trividia Health Inc., before the U.S. District ..read more
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Supreme Court Declines to Allow Miranda Violations as a Basis For a 42 U.S.C. § 1983 Claim
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
By Mario J. Cacciola On June 23, 2022, the Supreme Court of the United State held that a violation of the Miranda rules does not provide a basis for a claim under 42 U.S.C. § 1983.  Writing for the majority in Vega v. Tekoh, 597 U.S.  (2022), Justice Alito stated, “The question we must decide ..read more
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Key Questions for New York and New Jersey Businesses Following the U.S. Supreme Court’s Gun Decision
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 23, 2022, the Supreme Court of the United States recognized a constitutional right for citizens to carry a firearm outside the home for self-defense. The opinion invalidates the licensing regimes for carry permits in California, Hawaii, Maryland, Massachusetts, New Jersey, New York and the District of Columbia. Although New York and New Jersey each allow ..read more
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Fraud-on-the-FDA Theory of False Claims Act Liability Clarified by DOJ
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 3, 2022, the Civil Division of the Department of Justice filed a statement of interest in a relator’s action in the Southern District of Florida, arguing that “[c]onduct giving rise to a regulatory violations can also give rise to [False Claims Act] liability.” Specifically, requesting “that the ruling not foreclose the possibility that ..read more
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United States Supreme Court Recognizes a Constitutional Right to Carry Firearms for Self-Defense
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 23, 2022, the Supreme Court of the United States struck down New York’s restrictive concealed carry licensing regime as unconstitutional under the Second Amendment, invalidating licensing regimes in an additional six jurisdictions. In so doing, the Court rejected the long-standing practice of balancing the text and history of the Second Amendment with governmental ..read more
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