Vedder Price’s Post

Check out WilmerHale's latest Law360 article (which I penned with Matthew Kulkin, Matthew Beville and Jeff Wieand) where we analyze how the upcoming presidential transition will reshape the CFTC's leadership, rulemaking agenda, and enforcement priorities in 2025 - particularly in areas like crypto regulation, where Republican control of Congress and the White House could significantly alter the agency's direction. 📝 #FinancialRegulation #CFTC #Leadership #Crypto #DigitalAssets #Regulation #Finance #WallStreet #Compliance #RegulatoryPolicy #LegalAnalysis #Law360

House Resolution to Overturn Controversial SEC Rule Likely to Pass in Senate: Sources ➡️ Read All : https://lnkd.in/d4VMS3zY A House proposal to revoke the U.S. Securities and Exchange Commission's Staff Accounting Bulletin 121 is likely to pass through the Senate in a vote... [...] #CryptoRegulation #SenateVote #SECGuidance #CryptoAssets #BipartisanSupport #Crypto #Legal #NBTC

The Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In limiting its decision to the Seventh Amendment issue, the Court side-stepped the remaining constitutional questions that we have been tracking as they relate to the question whether the structure and therefore operation of the Federal Trade Commission (FTC) is unconstitutional — the implications of which in the health care context are obviously enormous given the enforcement power of the FTC in regard to merger, acquisition and related transactions. Read more: https://lnkd.in/epd-Z_5P

Cryptocurrency not = Securities .One of the first rules in blockchain at least for now.

In an important decision for SEC litigators, the Third Circuit challenged the Second Circuit's low threshold for SEC injunctions and asset freezes. According to the court, the Second Circuit's test considers only the likelihood of success; it does not consider irreparable harm, balancing of the equities, or the public interest. With respect to asset freezes, the SEC's standard is even lower: the agency needs only to show an inference of a securities violation. The Third Circuit found no statutory basis for these exceptions and instead ruled that the SEC must establish all four of the traditional elements for injunctive relief. Although the SEC was able to meet that more robust standard, it is yet another decision making life more difficult for SEC enforcement lawyers litigating in federal court, at a time when the agency will be compelled to bring more cases in that forum. https://lnkd.in/gJddNGu3

I have yet to review this as yet, but let’s see if this moves us toward much needed regulatory clarity

Another great day in the #SupremeCourt for fraudsters & crooks; bad day for investors, markets & rule of law, as the Court continues to enact a right wing agenda letting corporations, CEOs, financial predators, etc. run free. SCOTUS' decision in #Jarkesy along ideological will inhibit the U.S. Securities and Exchange Commission and another government agencies from punishing and deterring crimes that hurt Main Street Americans. https://lnkd.in/egizqKCQ

Did you know that if you are paid to promote/recommend stocks on social media or message boards platforms it could be considered a 'promotional activity' that falls under securities law? To help make things clearer we have a new web page and checklist you can refer to: https://ow.ly/Horo50TwCrq

Important Ripple vs. SEC Lawsuit Update: Here’s the Next Step

Last week, Christopher J. Kelly shared his preliminary reactions to the D.C. Circuit's decision in the Alpine case. Today, we are sharing some additional thoughts in the attached Client Alert. Spoiler: There may be a particularly viable legal basis to challenge FINRA's examination and enforcement of federal securities laws and regulations (as opposed to its own FINRA rules). #CSGLaw #finra #securitiesenforcement #brokerdealers