Scott Colesanti

August 01, 2024 | New York Law Journal

Last month's demise of the judicial Chevron deference doctrine has been well- chronicled. This article vets key cases and pleading realities to weigh the effect of the court's dramatic repudiation.

By Scott Colesanti

11 minute read

August 17, 2023 | New York Law Journal

This article highlights Elon Musk's tweets and the SVB regional bank disaster while questioning the continued utility of traditional form filings designed to update investors.

By J. Scott Colesanti

9 minute read

July 26, 2022 | New York Law Journal

In June, a bipartisan bill titled "The Responsible Financial Innovation Act" was introduced in the Senate as an attempt to define, regulate, or exclude from regulation the $2 trillion cryptocurrency market. This article summarizes the proposed legislation and concludes with a scorecard of pending initiatives.

By Scott Colesanti

9 minute read

July 21, 2021 | New York Law Journal

In May, SEC Chairman Gary Gensler strongly suggested that it be Congress to take up the cause of regulating cryptocurrency exchanges selling alt-currency to investors. Given that the name "exchange" is already being used quite publicly by trading platforms, this article suggests three solutions to the SEC jurisdictional problem.

By Scott Colesanti

9 minute read

July 29, 2020 | New York Law Journal

A uniform response to the 10-year old cryptocurrency phenomenon remains only a remote possibility, as regulators waver between encouraging registration of digital offerings and halting/disciplining those online issuers offering Quixotic returns.

By Scott Colesanti and Savannah Aronson

8 minute read

October 31, 2019 | New York Law Journal

This article provides a summary of the GDPR-like provisions at home, some comparison points for the parroting American statutes, and a glimpse of the global compliance considerations occasioned by the contrasting European and domestic approaches.

By Scott Colesanti and Suzanne Hassani

9 minute read

July 31, 2019 | New York Law Journal

The Securities and Exchange Commission, the multibillion dollar agency that safeguards investors, presently stands on the precipice of the layer Dante reserved for the indecisive. For, nearly a decade after Bitcoin burst onto the scene in 2010, there has been no concrete attempt at delineating purchaser from investor in the cryptocurrency market—indeed, it appears the agency is content to provide guidance regarding fraud and custody rather than defining products and attendant responsibilities for those soliciting funds for digital conversion.

By J. Scott Colesanti

9 minute read

January 18, 2019 | New York Law Journal

Insider trading has proven to be shockingly resilient. Yet, its deterrence is undermined when one athlete faces repeat hits (ultimately culminating in years in jail), while another simply returns his ill-gotten gains and continues in his roles as endorser for major corporations.

By Scott Colesanti and Emily Knight

10 minute read

August 24, 2018 | New York Law Journal

Fans of market “fairness” at any intellectual cost can rejoice that a difficult hodgepodge of statutes, regulations, and common law wizardry can be expediently cobbled together to charge those who appear to flaunt their privileged status.

By  J. Scott Colesanti

9 minute read

March 14, 2008 | New York Law Journal

J. Scott Colesanti, a special professor at the Hofstra University School of Law, anaylzes a recent opinion by New York State Supreme Court Judge Charles Ramos dismissing a civil suit against the NYSE and its CEO rested upon the defendants' successful assertion of the equitable in pari dilecto defense. Citing to both federal and state cases, civil and criminal holdings, as well as NYSE rules, that decision disclosed some novel interpretations of authorities governing federal insider trading law.

By J. Scott Colesanti

13 minute read