Tag Archives: SEC

Expect More Challenges to the SEC “Gag Rule” 

John Paul Brophy – Legal disputes often end with a settlement. When the Security and Exchange Commission (the “SEC”) settles a dispute, it requires the opposing party to include a “no deny” clause in the resulting settlement agreement. The purpose of the SEC’s “no deny” clause is to prevent the settling party from being able […]

The Terra and LUNA Coin Collapses Present an Opportunity to Clarify Stablecoin Regulation

Mitchell Koch – In November 2021, the SEC brought legal action against Terraform Labs (“Terraform”) and its CEO, Do Kwon, requiring their compliance with investigative subpoenas. Founded in 2018, Terraform creates cryptocurrencies for use in blockchain-based financial infrastructures. As of September 2022, Do Kwon and Terraform remain under investigation for selling unregistered securities in the […]

ESG and Climate Disclosures: The SEC is Hanging Out Company Greenwash to Dry in 2022

Kaitlyn Jauregui – The Securities and Exchange Commission (SEC) posted two proposed rules to amend the Securities Act of 1933 and the Securities Exchange Act of 1934 on the federal registrar calling for increased climate-related disclosures. If enacted, investors will gain the material knowledge needed to make strategic investments that align with their values. There […]

NFTs and fNFTs – Priceless Collectables, Digital Trinkets, or Regulatable Securities?

Sabrina Ortega – Non-fungible tokens, or NFTs, have been a major topic of conversation in the business sphere since their inception in the late 2000s. While debate rages over the financial and aesthetic value of NFTs, proponents, and skeptics can both agree that NFTs have gone from niche to mainstream over the last two years. […]