New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | September 19, 2018
White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss a recent EDNY decision and then examine the views of other courts as to whether the SEC may use an obey‑the‑law injunction to sidestep the five-year limitations period in 28 U.S.C. §2462. Lastly, they consider the decision's practical implications—how the SEC will likely respond and what defense counsel should anticipate.
Delaware Business Court Insider | Commentary
By Chaney Hall | September 19, 2018
Both the Delaware Court of Chancery and the Delaware Superior Court emphasize that discovery must proceed in a timely manner in accordance with the scheduling order entered by the court. Litigants who delay in bringing their discovery disputes before the court may find themselves without a remedy.
By Ian Lopez | September 19, 2018
A U.S. district court of New York ruling allowing a jury to apply securities laws in an ICO fraud case may set the stage for regulators to heighten actions in the nascent marketplace.
By C. Ryan Barber | September 18, 2018
“Under the proposed rule, it would be far too easy for the commission, in hindsight, to claim that it could have or would have learned of a fraud on its own," Harry Markopolos, who blew the whistle on Bernard Madoff, tells the U.S. Securities and Exchange Commission.
By Colby Hamilton | September 18, 2018
SeaWorld and its former CEO entered into a $5 million fraud settlement with the SEC over charges the company misled investors over the impact the Oscar-winning documentary film "Blackfish" had on the aquatic theme park's public reputation and business, regulators announced Tuesday.
By Ian Lopez | September 18, 2018
A U.S. district court of New York ruling allowing a jury to apply securities laws in an ICO fraud case may set the stage for regulators to heighten actions in the nascent marketplace.
New York Law Journal | Analysis
By Deborah Meshulam, Benjamin Klein and Richard Kelley | September 18, 2018
On Sept. 12, 2018, an EDNY judge issued an order finding that a federal indictment adequately pled that defendant promoted digital tokens through initial coin offerings (ICOs) in violation of U.S. securities laws. This is the second known instance where a federal judge has found that offer or sale of digital tokens can qualify as investment contracts subject to federal securities laws.
New York Law Journal | Analysis
By Joshua Mitts | September 12, 2018
In his Securities Law column, Joshua Mitts discusses how smaller public companies are being attacked by predatory short sellers who drive down stock prices by buying put options prior to posting hit pieces on blogs and social media.
Delaware Business Court Insider | Commentary
By Edward M. McNally | September 12, 2018
Appraisal litigation is unique under Delaware law. In almost every instance you can think of, once an event provides a right to recover damages (such as a fire caused by negligence), what happens later is relevant to determining the amount of damages.
By Colby Hamilton | September 12, 2018
U.S. District Judge Raymond Dearie said the cryptocurrency fraud allegations, "[s]tripped of the 21st-century jargon," were run-of-the-mill schemes that were sufficiently substantiated in the indictment.
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