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Crypto and Securities Law: Lessons from SEC v. Coinbase

| April 12, 2024 | Articles, News

Decision in SEC enforcement action against Coinbase suggests that transactions involving crypto are securities. By Paul Vorndran and Javier Heres. A recent decision in an SEC enforcement action against Coinbase, the largest crypto-asset trading platform in the U.S., provides some long-awaited guidance on a topic that has been the subject of considerable debate in the… Read more »

Corporate Transparency Act Effective January 1, 2024

| November 16, 2023 | Articles, News

The federal Corporate Transparency Act will apply to all domestic entities, including corporations, limited liability companies and limited partnership effective January 1, 2024. ‒ By Reid A. Godbolt, Esq. Effective January 1, 2024, the federal Corporate Transparency Act (CTA) will apply to all U.S. domestic entities, including corporations, limited liability companies and limited partnerships. This… Read more »

Protecting an Entity in Litigation Part 2: Employee Representation

| April 11, 2023 | Articles

Employees, officers, shareholders, independent contractors, and others might have a role in entity defense. In entity litigation, an attorney must clarify their relationship to each and properly set expectations, boundaries, and responsibilities before discussing information, and steer clear of conflicts of interest. In this five-part series, Nicole Westbrook addresses five critical matters to manage in… Read more »

Protecting an Entity in Litigation Part 1: Preparing 30(b)(6) Witnesses

| April 11, 2023 | Articles

30(b)(6) witnesses must be prepared to discuss the extensive preparation they went through for a deposition. When those preparations are inadequate, varying sanctions can be imposed. Part 1 in the Protecting an Entity in Litigation series by Nicole Westbrook explores the process of setting parameters, selecting and preparing witnesses, and managing risk. In addition to… Read more »

SEC Adopts Restrictive Amendments to Rule 10b5-1

| January 25, 2023 | Articles

The SEC adopted final rules imposing new conditions and disclosure requirements on Rule 10b5-1 trading plans, increasing transparency into inside trading plans and related disclosures by SEC registrants. ‒ By Reid A. Godbolt, Esq. The Securities and Exchange Commission (SEC) adopted Final Rules imposing new conditions and disclosure requirements on Rule 10b5-1 trading plans. According… Read more »

SEC Long-awaited Clawback Rule

| December 27, 2022 | Articles

On October 26, 2022, the SEC adopted long-awaited “clawback” rules relating to the recovery of erroneously awarded incentive-based executive compensation of SEC registrants. ‒ By Reid A. Godbolt, Esq. On October 26, 2022, the Securities and Exchange Commission (SEC) adopted final rules relating to the recovery of erroneously awarded incentive-based executive compensation of SEC registrants…. Read more »

Funding Litigation Goes Upscale to Companies and Law Firms

| December 09, 2022 | Articles

The idea behind third-party litigation funding is to hedge the downside – which in turn impacts the upside – for a company or law firm in litigation. By Nicole Westbrook  Funding litigation has gone upscale from its more modest personal injury roots. With skyrocketing litigation costs, both public and private companies and law firms are turning… Read more »