Tag: corporate

AI, MNPI, and the SEC: How Existing Law Applies to Model-Driven Trading

What happens when material nonpublic information (MNPI) can no longer be confined to the data room or the analyst’s inbox, but exists inside an AI model itself? What was once theoretical is now real. Trading firms, regulators, and the financial institutions building AI systems are confronting a structural shift: markets that were once merely AI-assisted […]

Prediction Markets, Sportsbooks, and Selig’s CFTC: A Jurisdictional Inflection Point

Prediction markets were once on the margins of financial innovation, but that era is over. Sports-linked event contracts have become the flashpoint for a rapidly escalating conflict between federal commodities regulators, state gaming regimes, and the multibillion-dollar sportsbook industry. The dispute is often characterized as a preemption fight, and in one sense it is. But […]

SEC Chair Outlines Plan to Bring Clarity to Digital Asset Oversight

SEC Chair Paul S. Atkins’ recent remarks on Nov. 12, 2025 at the Federal Reserve Bank of Philadelphia signal one of the most constructive regulatory developments the digital asset industry has seen in years. His “Project Crypto” framework reflects a meaningful shift toward clarity, predictability, and principled application of the federal securities laws. For innovators, […]

What changed in 2025 for Crypto Tax?

KEY U.S. FEDERAL AND GLOBAL DEVELOPMENTS Since 2023, there has been a wave of significant tax and regulatory developments affecting digital assets in the United States and abroad. To help clients stay grounded amid rapid change, we’ve prepared a brief, focused review of several of the most important updates. What follows is a concise summary […]

SEC Chairman Paul Atkins Announces Updates to Wells Process

SEC Chairman Paul S. Atkins has signaled a shift in how the Commission approaches the Wells process, announcing a series of procedural refinements aimed at standardizing and clarifying how the SEC handles pre-enforcement notice and response. In his keynote address at Fordham Law School’s 25th Annual A.A. Sommer, Jr. Lecture on Corporate, Securities, and Financial […]

SEC Policy Update: Coordinated Review of Settlements and Waivers Restored

On September 26, 2025, Chairman Paul S. Atkins of the U.S. Securities and Exchange Commission (SEC) announced that the Commission will restore its prior practice of simultaneous consideration of settlement offers and related waiver requests in enforcement actions. The policy change reverses a 2021 decision under prior leadership that had required waiver requests to be […]

SEC Provides Key Update on Treasury Clearing Rule Implementation

On September 30, 2025, SEC Commissioner Mark T. Uyeda issued an important update on the Commission’s ongoing efforts to implement the Treasury Clearing Rule, a major regulatory initiative aimed at enhancing the resilience and transparency of the U.S. Treasury market. The statement outlined recent progress, identified remaining open questions, and encouraged continued engagement from market […]

Coordinated Clarity: SEC and CFTC Issue Joint Statement on Spot Crypto Asset Trading

On September 2, 2025, the U.S. Securities and Exchange Commission’s (“SEC”) Division of Trading and Markets and the U.S. Commodity Futures Trading Commission’s (“CFTC”) Divisions of Market Oversight and Clearing and Risk (together, the “Divisions”) issued a joint staff statement (the “Joint Statement”) as part of a new cross-agency initiative titled Project Crypto–Crypto Sprint.1 Project […]

From Negligence to Intent? The Future of Rule 206(4)-8 Enforcement

Recent leadership changes at the Securities and Exchange Commission may signal a recalibration of how Advisers Act Rule 206(4)-8 is enforced. With Chairman Paul Atkins back at the helm, the Commission’s long-standing reliance on a negligence-based standard could soon come under review. Background: Goldstein and the Adoption of Rule 206(4)-8 Rule 206(4)-8 was adopted in […]

SEC to Hold Roundtable on the Order Protection Rule: Revisiting Two Decades of Reg NMS

The U.S. Securities and Exchange Commission announced it will host a public roundtable on September 18, 2025, to re-examine the Order Protection Rule (Rule 611 of Regulation NMS) and its parallels in the listed options markets. The discussion will center on the rule’s “trade-through” prohibitions, which require trading centers to implement reasonable policies and procedures […]

When Does My Company Need to Qualify to do Business in Multiple States?

As your business grows, your company may begin operating in states other than the original state of organization or incorporation, such as hiring employees in another state, signing contracts (and providing goods or services) with out-of-state clients, or opening a second location. What many business owners don’t realize is that crossing state lines in these […]

When and Why Are Non-Disclosure Agreements Important?

In the business world, a company’s proprietary information is one of its most valuable assets. For instance, a company’s product concept, financial data, client list, or development strategy all have enormous value that is particular to each company. If a company’s sensitive information is disclosed without protection, it can be difficult or impossible to regain […]

Digital Asset Market Structure Reform and State Securities Regulator Response – August 2025

The regulatory landscape for crypto asset markets is evolving at a pace that is testing the adaptability of market participants, lawmakers, and regulators alike. In recent months, legislative proposals, executive orders, and agency initiatives have combined to signal a potential shift in how digital assets will be regulated in the United States.1 State securities regulators, […]

Powell v. SEC: Ninth Circuit Upholds SEC’s “No-Admit/No-Deny” Policy

On August 6, 2025, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in Powell v. SEC, No. 24-1899, rejecting a facial challenge to the U.S. Securities and Exchange Commission’s longstanding “no-admit/no-deny” settlement policy codified in Rule 202.5(e) (the “Rule”), colloquially referred to as the “gag rule.” The unanimous decision leaves intact […]