Mark D Harris

August 07, 2018 | New York Law Journal

In their column on Corporate and Securities Litigation, Margaret Dale and Mark Harris analyze the decision in 'Rensel v. Centra Tech,' which discusses whether U.S. courts will treat crypto-tokens as securities subject to the regulatory requirements of the Securities Act of 1933.

By Margaret A. Dale and Mark D. Harris

7 minute read

June 27, 2018 | New Jersey Law Journal

The SEC has taken steps to demonstrate its increased focus on cybersecurity matters, and specifically on companies' disclosure obligations relating to cybersecurity risks and incidents.

By Margaret A. Dale and Mark D. Harris

1 minute read

June 12, 2018 | New York Law Journal

In our October 2017 column, we wrote about some of the Securities and Exchange Commission's new cybersecurity initiatives, including the creation of a new Cyber Unit within the SEC's Enforcement Division.

By Margaret A. Dale and Mark D. Harris

1 minute read

April 25, 2018 | New York Law Journal

In their Corporate and Securities Litigation column, Mark D. Harris and Margaret A. Dale discuss the history of the federal securities laws, the background to and decision in the 'Cyan' case, and the potential implications of 'Cyan' for plaintiffs, defendants, state and federal courts, and Congress.

By Mark D. Harris and Margaret A. Dale

9 minute read

February 13, 2018 | New York Law Journal

Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: The principles set forth in 'Alvarez' create many opportunities for strategic litigation. The decision makes it abundantly clear that both plaintiffs and defendants will need to be extremely diligent at the outset of a lawsuit to utilize the advantage or defeat the threat of collateral estoppel.

By Mark D. Harris and Margaret A. Dale

8 minute read

October 13, 2017 | New York Law Journal

In their Corporate and Securities Litigation, Mark D. Harris and Margaret A. Dale write: Some have expressed concerns that the SEC is not fully equipped to handle the host of cybersecurity issues that will continue to come its way. Nonetheless, the SEC appears focused on the mission of increasing cybersecurity and determined to address the growing threat to markets.

By Mark D. Harris and Margaret A. Dale

17 minute read

August 08, 2017 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris write: The flurry of recent Initial Coin Offerings have raised questions as to whether, and in what circumstances, virtual currencies and digital tokens may be considered securities whose offer and sale are subject to federal registration requirements. A recent report by the SEC cautioning investors that digital assets may be securities is a turning point for the token marketplace and other blockchain-based mechanisms of alternative fundraising.

By Margaret A. Dale and Mark D. Harris

8 minute read

June 19, 2017 | New York Law Journal

Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris write: For nearly a half-century, when bringing enforcement proceedings for violations of federal securities laws, the SEC has sought a sanction which forces defendants to fork over ill-gotten gains, regardless of how long before the initiation of the proceeding the wrongful conduct generating those gains occurred. Now a unanimous U.S. Supreme Court has put a stop to the SEC's end-run around the limitations period otherwise applicable to agency enforcement proceedings.

By Margaret A. Dale and Mark D. Harris

8 minute read

April 19, 2017 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris discuss the circuit split over whether a company may be sued for securities fraud for omitting from its public filings information required to be disclosed by an SEC regulation

By Margaret A. Dale and Mark D. Harris

16 minute read

February 15, 2017 | New York Law Journal

Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: In several recent cases, the Delaware Court of Chancery has addressed due process issues arising out of shareholder derivative actions. The Delaware Supreme Court has now taken up the baton in a case that raised the question of when a court in a subsequent action is obligated to honor an earlier dismissal of a shareholder derivative action for failure to plead demand futility.

By Mark D. Harris and Margaret A. Dale

18 minute read