December 12, 2023
Insights Securities Law

SEC Chair Gary Gensler testified before the House Financial Services Committee on Tuesday and was unexpectedly tight-lipped about whether XRP, a digital currency, is a security. In response to Committee Chairman Warren Davidson’s question, Gensler said that the question of whether XRP is a security is currently “in court, and [there are] active discussions and litigation on that matter.” For

December 12, 2023
Insights Securities Law

On June 6, 1944, the 82nd Airborne Division went to war, dropping infantrymen from the skies above France. On the sixth of June of ’23, the SEC waged its own version of war against the cryptocurrency industry. In perhaps its most aggressive move against the industry to date, the SEC filed an enforcement action against Coinbase for acting as unregistered

December 12, 2023
Insights Securities Law
By: Jean-Pierre Bado Our office was abuzz earlier this week as one of our colleagues reminisced about his trip to Tampa to attend Taylor Swift’s latest show. Our colleague—whom we will not identify as we strive to protect the innocent—would not stop raving about the lyrics! The dancing! The costumes! Clearly, Taylor’s show has something to offer fans of any
Chris T
November 17, 2023
Securities Law

Overview The Securities and Exchange Commission (SEC) has announced the adoption of new rules aimed at enhancing the governance of registered clearing agencies. These rules are designed to mitigate conflicts of interest within their boards of directors or equivalent governing bodies. SEC Chair’s Statement SEC Chair Gary Gensler expressed his support for these rules, emphasizing their role in strengthening the

Chris T
November 3, 2023
Securities Law

Background of the Case In the case of Securities & Exchange Commission v. Govil, the United States Court of Appeals for the Second Circuit made a significant decision impacting the Securities and Exchange Commission (SEC)’s enforcement abilities. This case revolved around allegations by the SEC that the defendant, associated with the company Cemtrex, misled investors and misused their funds for

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