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New York Law Journal

When Do Omissions Create Private Liability? The Supreme Court Ponders

On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."
10 minute read

Connecticut Law Tribune

2nd Shareholder Lawsuit Filed Against Biotech Company

The principal investigator allegedly did not follow U.S. Food and Drug Administration rules and regulations due to "mounting pressure to fast track [the drug] to market under exigent circumstances to meet artificial milestones set by BioXcel's biggest lenders Oaktree Capital Management, L.P. and Qatar Investment Authority," the complaint said.
3 minute read

National Law Journal

SEC Approves Bitcoin Listing, Trading After Appeals Court Defeat

Amid approval, SEC Chair Gary Gensler warns that "investors should remain cautious about the myriad risks associated with bitcoin and products whose value is tied to crypto."
4 minute read

New York Law Journal

Securities, Cryptocurrencies, and Swaps: SDNY's Recent Decision Addressing Whether Digital Asset Transactions Are Regulated Securities

A deep dive into the legal analysis and holding in the recent Southern District decision, Terraform Labs. The article examines Terraform Labs' application of the Howey test to determine whether certain cryptocurrency transactions constitute regulated securities.
29 minute read

Connecticut Law Tribune

Pomerantz Lawyers to Spar With Proskauer Rose During Connecticut Class Action

Counsel for the plaintiff are Emily Catherine Finestone and Jeremy A. Lieberman of Pomerantz, while Proskauer Rose partner Steven J. Porzio represents the defendant.
2 minute read

Daily Business Review

South Florida Heavy Hitters Gather for $528 Million Class Action

"We are anxious to team up on this thing to try to find the bad guys," one of the attorneys said.
6 minute read

New York Law Journal

New York District Courts Split on Whether Cryptocurrency Is a Security

The rapid expansion of cryptocurrency markets—currently topping $3 billion—has drawn the ire of regulators who have issued a raft of confusing and complicated guidance and regulations. Two recent federal district court decisions illustrate the complexity of the debate and provide guidance to companies looking to understand how to classify their cryptocurrency offerings.
7 minute read

National Law Journal

Fact or Opinion? 2nd Circuit Raises Bar for Investor Fraud Suits

Court upholds dismissal of Philip Morris investors' claim that the cigarette giant made false statements regarding its clinical studies.
4 minute read

Law.com

Top Litigation Trends of 2023—and What to Watch in 2024

As 2023 comes to an end, we're looking back at significant litigation trends surfaced by Law.com Radar.
6 minute read

The Recorder

Crypto Staking Company Hit With Proposed Securities Class Action Over Sale of LDO Tokens

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

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