July 07, 2023 | New York Law Journal
Why Does the SEC Whine So Much? The SEC's Attack on Lawyers and a Way Out of This MessErnest Edward Badway, partner at Fox Rothschild and former SEC Enforcement attorney, discusses the U.S. Securities and Exchange Commission's attitude toward defense lawyers in its enforcement investigations, its background, and a potential solution.
By Ernest Edward Badway
11 minute read
July 11, 2022 | New York Law Journal
Selling Hemp Futures: The Sky May Be the LimitCBD and hemp businesses may consider minimizing the need for CFTC and NFA registration, and onerous registration and disclosure requirements if structured correctly.
By Ernest Edward Badway and Joshua Horn
11 minute read
August 25, 2020 | New York Law Journal
Are We There Yet? The Latest Attempt at an Insider Trading StatuteSpurred on by the problems encountered by the SEC, DOJ, and many courts, in December 2019, the U.S. House of Representatives passed a bill with strong bi-partisan support explicitly banning insider trading and providing greater enforcement authority to the SEC and DOJ.
By Ernest Edward Badway
9 minute read
January 06, 2017 | New York Law Journal
SEC's 'Obey-the-Law' Injunction: Is it Ever Possible to Vacate?Fox Rothschild partner Ernest Edward Badway writes that "obey-the-law" injunctions, favored by regulators such as the SEC, are incredibly powerful devices that create an albatross hanging over the head of any defendant subjected to them. But when they are no longer equitable due to changes in decisional law, factual circumstances, or the passage of time, a court in its discretion may vacate such a permanent injunction.
By Ernest Edward Badway
23 minute read
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