Wachtell Lipton Offers Summer Takeaways in SEC Enforcement
CLS Blue Sky Blog » Securities Regulation
by John F. Savarese, Wayne M. Carlin, David B. Anders
5d ago
With the Labor Day holiday now behind us, it is a good time to review the SEC’s active enforcement docket and to look ahead to likely areas of continuing enforcement attention as we head into the fall.  The record over ..read more
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Morrison & Foerster Discusses Top Five SEC Enforcement Developments for July 2024
CLS Blue Sky Blog » Securities Regulation
by Nicole K. Serfoss, Michael D. Birnbaum, Haimavathi V. Marlier, Craig D. Martin and Mamie Tabet
2w ago
1. SDNY Judge Holds SEC Failed to Adequately Plead Risk Disclosure and Controls Claims in SolarWinds On July 18, 2024, the United States District Court for the Southern District of New York issued an opinion in Securities and Exchange Commission ..read more
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The SEC Can Learn a Thing or Two from Europe About Regulating Digital Assets    
CLS Blue Sky Blog » Securities Regulation
by Alexandros Kazimirov
2w ago
In its approach to digital assets, the Securities and Exchange Commission has been criticized for regulating by enforcement. In reality, the SEC has taken a twofold approach. In addition to bringing lawsuits against crypto exchanges, the commission has proposed amending ..read more
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SEC Hits Dozens of Firms With $390 Million Penalty for Recordkeeping Failures
CLS Blue Sky Blog » Securities Regulation
by Securities and Exchange Commission
3w ago
The Securities and Exchange Commission on August 14 announced charges against 26 broker-dealers, investment advisers, and dually-registered broker-dealers and investment advisers for widespread and longstanding failures by the firms and their personnel to maintain and preserve electronic communications. The firms ..read more
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SEC Chief Accountant Speaks on Updated Conceptual Framework in FASB Standard Setting
CLS Blue Sky Blog » Securities Regulation
by Paul Munter
1M ago
Recently,[1] the Financial Accounting Standards Board (“FASB” or the “Board”) completed a comprehensive update to its Conceptual Framework for Financial Reporting (“Conceptual Framework”).[2] Now that it has finalized this significant project, it is important that the Board actively ..read more
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Every Vote Counts: Mandatory Disclosure and Voting Outcomes
CLS Blue Sky Blog » Securities Regulation
by Nan Li, Yeo Sang (Johnny) Yoon
1M ago
The right of shareholders to vote is essential for maximizing the value of their shares and good corporate governance. However, in a diffusely held corporation, few shareholders have the incentive to monitor management at their own cost, leading to a ..read more
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Materiality Under the SEC’s Climate Risk Rule
CLS Blue Sky Blog » Securities Regulation
by Tom Riesenberg
1M ago
The concept of materiality has been called the “bedrock” or the “cornerstone” of the corporate disclosure system established by Congress in the federal securities laws.[1] But, despite its importance, determining how to use or apply the concept can be ..read more
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Should Ethereum ETFs Include Staking?
CLS Blue Sky Blog » Securities Regulation
by David Krause
1M ago
The approval of Ethereum Spot Exchange-Traded Funds (ETFs) by the U.S. Securities and Exchange Commission (SEC) in May 2024 marked a significant step forward for cryptocurrency in mainstream finance (Krause, 2024). This decision followed the precedent set by Bitcoin Spot ..read more
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John C. Coffee, Jr. – What Would a Trump Administration Mean for Securities Regulation?
CLS Blue Sky Blog » Securities Regulation
by John C. Coffee, Jr.
1M ago
There can be no debate: The Administrative State has been scaled back. The rule-making powers of administrative agencies have clearly been curbed. Most blame the Supreme Court and particularly its decision in West Virginia v. EPA, 597 U.S. 697 ..read more
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Reg FD’s Dilemma: The Unseen Edge in Private Investor Meetings
CLS Blue Sky Blog » Securities Regulation
by H. Scott Asay, Shana Clor-Proell and Michael T. Durney
1M ago
Regulation Fair Disclosure (Reg FD) attempts to level the playing field for investors, stating that any “informational edge” should be due to investors’ “skill, acumen, or diligence” rather than “from their superior access to corporate insiders.”[1]However, Reg FD ..read more
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