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Category Archives: Securities Law

DOJ and SEC Investigating FTX Collapse as Entire Crypto Market Plunges

Gizmodo: “The Department of Justice and Securities and Exchange Commission are investigating FTX, a crypto platform that halted withdrawals on Tuesday, according to a new report from the Wall Street Journal. And while the SEC’s investigation has reportedly been going “for months,” the agency’s scrutiny has only expanded this week following the liquidity crisis at FTX, which has caused the entire cryptocurrency market to tank. The investigations by the SEC concern FTX’s U.S. exchange, FTX.us, and the coins listed there, according to the Wall Street Journal. The SEC is also looking into whether FTX lending products might be considered securities, which would require the company to register them with the SEC…”

More Than Half Of All Bitcoin Trades Are Fake

Forbes Digital Assests – “A new Forbes analysis of 157 crypto exchanges finds that 51% of the daily bitcoin trading volume being reported is likely bogus. Within the emerging and turbulent market for cryptocurrencies, where there are no fewer than 10,000 tokens, bitcoin, is the great granddaddy, the blue-chip, representing 40% of the $1 trillion… Continue Reading

The Future of Corporate Criminal Liability: Watching the ESG Space

Nelson, J.S. (Josephine Sandler), The Future of Corporate Criminal Liability: Watching the ESG Space (January 15, 2022). J.S. Nelson, The Future of Corporate Criminal Liability: Watching the ESG Space, Available at SSRN: https://ssrn.com/abstract=4057736 or http://dx.doi.org/10.2139/ssrn.4057736 “The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act… Continue Reading

CRS – How Treasury Issues Debt

How Treasury Issues Debt, Updated June 14, 2022 [21 pages]: “The U.S. Department of the Treasury (Treasury), among other roles, manages the country’s debt. The primary objective of Treasury’s debt management strategy is to finance the government’s borrowing needs at the lowest cost over time. To accomplish this Treasury adheres to three principles: (1) to… Continue Reading

A wild new court decision would blow up much of the government’s ability to operate

Vox: “The United States Court of Appeals for the Fifth Circuit issued yet another astonishing decision on Wednesday. Jarkesy v. SEC seeks to dismantle much of the system the federal government uses to enforce longstanding laws and to determine who is eligible for federal benefits. And it does so in defiance of numerous Supreme Court… Continue Reading

Overview of the SEC Climate Risk Disclosure Proposed Rule

CRS Insight: Overview of the SEC Climate Risk Disclosure Proposed Rule, May 17, 2022 “On March 21, 2022, the Securities and Exchange Commission (SEC) voted 3-1 to issue sweeping proposed climate-related disclosure rules for public companies. In issuing the proposed rules, the SEC cited its existing statutory authorities under the federal securities laws— specifically, the… Continue Reading

Coding and Collaboration: Data Analytics in the Law School Classroom

Alexander, Charlotte and Iannarone, Nicole G., Coding and Collaboration: Data Analytics in the Law School Classroom (June 2021). Forthcoming, Transactions: Tennessee Journal of Business Law, Available at SSRN: https://ssrn.com/abstract=3965047 or http://dx.doi.org/10.2139/ssrn.3965047 “Technological advances provide opportunities for lawyers to deliver sophisticated – and cost effective – legal advice. A basic understanding of the emerging field of… Continue Reading

A 2011 dictionary is reshaping the language of corporate reporting

Quartz – “A new corporate principle is: Never say you’re restating anything. The machines will hold it against you. Over the past decade, “restatement” is the word companies have most strenuously tried to avoid in the text of their filings with the Securities and Exchange Commission, according to an upcoming paper by academics at Georgia… Continue Reading

COVID-19 Liability: Tort, Workplace Safety, and Securities Law

CRS report via LC – COVID-19 Liability: Tort, Workplace Safety, and Securities Law, September 24, 2020: “Although the COVID-19 pandemic is still unfolding, a number of plaintiffs have already filed lawsuits seeking compensation for COVID-19-related injuries. Some stakeholders have expressed concern that the risk of COVID-19-related lawsuits threatens a range of businesses and other entities… Continue Reading

How to make sure Google automatically deletes your data on a regular basis

Vox: “…The company announced on Wednesday that auto-delete will be the default setting for user account activity settings. That said, this “default” setting only applies to new accounts or existing accounts that now turn on data retention after having it disabled. And the default auto-delete time still gives Google as much as three years of… Continue Reading