Expert Analysis

• Sripetch May Prove To Be An Empty Victory For The SEC

  

  The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

• Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

  

  The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

• How A Founder's AI Pitch Deck Can Become A Crime Scene

  

  As recent indictments and prosecutions against tech executives illustrate, AI washing is a criminal enforcement priority, not a regulatory formality, highlighting the importance of ensuring that founders don't overstate what their artificial intelligence does, particularly in the initial pitch deck to investors, says attorney Alan N. Walter.

• SEC Disgorged Fund Distribution Is Next Query After Sripetch

  

  Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

• Series

  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• O Brother, Where Art DAO? Jurisdiction Issues Abound

  

  While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

• Opinion

  Agentic AI And Securities Law: Steps Congress Should Take

  

  Agentic artificial intelligence technology doesn't fit comfortably into the existing securities regulatory landscape, so Congress should avoid repeating the mistakes that led to the legal uncertainty crypto companies and investors have faced over the past decade-plus by providing a legislative framework before AI fully matures, says Joseph A. Hall at Davis Polk.

• Weighing Trade-Offs Of SEC's Semiannual Reporting Proposal

  

  Though public companies could benefit from a recent U.S. Securities and Exchange Commission proposal that would allow them to file earnings reports just twice a year, widespread adoption could also increase market volatility, complicate capital raising and fragment disclosure standards to the detriment of issuers and investors, say attorneys at Seward & Kissel.

• 3 Disgorgement Questions Linger After Justices' SEC Ruling

  

  While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

• How Crypto Firms Can Prep As Clarity Act Inches Toward Law

  

  Though the Digital Asset Market Clarity Act’s road to enactment remains uncertain, the statutory framework for regulating digital commodities recently advanced by the Senate Banking Committee is now sufficiently developed that market participants can begin preparing in several areas where the complicated legislation would affect them, say attorneys at Cahill Gordon.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Opinion

  SEC Enforcement Reforms Must Address Post-Wells Limbo

  

  The U.S. Securities and Exchange Commission's recent changes to how it notifies companies of a potential enforcement action fail to address what happens after the Wells process is over, highlighting the need for meaningful process reform that includes a formal closure determination, says Kimble Cannon at Mahdavi Bacon.

• Foot Locker Fine Illustrates SEC's Whistleblower Priorities

  

  The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

• Series

  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

  

  The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.