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Showdown at the Fifth Circuit Corral—Panel Rules SEC Home-Court Proceedings Violate Multiple Constitutional Provisions

USA - May 25 2022 The United States Court of Appeals for the Fifth Circuit issued a major decision on May 18, 2022 holding Securities and Exchange Commission (SEC or…

Catherine Botticelli, Eric Auslander, Steven A. Engel, Michael H. McGinley, Samuel Scarritt-Selman

Securities and Derivative Litigation: Quarterly Update

USA - May 2 2022 As previously discussed in our report, “Developments in Securities Fraud Class Actions Against U.S. Life Sciences Companies,”1 210 federal securities…

Rick S. Horvath, May K Chiang, Joni S. Jacobsen

“Hashing” It Out: Federal Jury Decides Some Cryptocurrency Products are not Securities

USA - November 18 2021 Cryptocurrency products have skyrocketed in use and popularity in recent years. As they move more to the forefront of American financial life, legal…

Andrew S. Boutros, David N. Kelley, Mark D. Perlow, Jay Schleppenbach, Timothy Spangler

Second Circuit Upholds Enforceability of SEC Tolling Agreements

USA - October 4 2021 Recently, the U.S. Court of Appeals for the Second Circuit issued its decision in SEC v. Fowler, 6 F.4th 255 (2d Cir. 2021), rejecting an argument…

Catherine Botticelli, D. Brett Kohlhofer

Congress Restores and Codifies Expansive SEC Disgorgement Authority

USA - January 31 2021 Overriding a presidential veto, Congress on January 1, 2021 enacted the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for…

Catherine Botticelli, Dennis Lawson, Eric Auslander, Lindsay E. Ray