By Ladan Stewart | July 11, 2024
In the past year, a number of courts have issued significant rulings in the SEC's high-profile crypto enforcement actions. Far from bringing the necessary regulatory clarity the crypto industry has been seeking, these rulings have been inconsistent and have left even more open questions. Both the SEC and the industry now have ammunition for their respective legal positions, but who has the better argument?
New York Law Journal | Analysis
By James E. Mercante | July 11, 2024
Count a gritty marine insurer as part of the exclusive Supreme Court's 9-0 club; winners by knockout in a hotly contested marine insurance dispute that braved its way from the District of Pennsylvania to the Third Circuit and ultimately landed in the Supreme Court.
New York Law Journal | Analysis
By Michael B. Gerrard | July 10, 2024
This annual review discusses the most important SEQRA decisions of 2023. All 46 will be included in the next annual update of "Environmental Impact Review in New York".
New York Law Journal | Analysis
By Sarah E. Walters, Brian Blais and Brad A. Rocheville | July 10, 2024
In recent years, the DOJ has been beating the self-disclosure drum with a series of policies designed to encourage and reward corporate self-disclosure of misconduct. Yet, these policies also make clear that self-disclosure alone does not beget a declination.
By George S. Canellos, Tawfiq S. Rangwala, and John J. Hughes, III | July 10, 2024
Milbank partners George Canellos and Tawfiq Rangwala and special counsel John Hughes discuss the real-world impact that "SEC v. Jarkesy" will have on SEC enforcement.
By Scott Mollen | July 9, 2024
Scott Mollen discusses "Freedom Mortgage Corp. v. Thomas," and "Smith v. Davis."
By Daniel Koffmann and Jonathan Acevedo | July 9, 2024
Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.
New York Law Journal | Analysis
By Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. Bauchner | July 9, 2024
The Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
By Adrienne B. Koch | July 9, 2024
Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | July 9, 2024
On May 3, 2023, Judge David C. Nye of the District of Idaho imposed the first-ever bond order under Idaho's Bad Faith Assertions of Patent Infringement Act. In that order, the court required patent owner Katana or its parent company, Longhorn, to post an $8 million bond before allowing it to proceed with its patent infringement suit against Micron.
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