Expert Analysis

• DOJ Crypto Enforcement Is Shifting To Target Willfulness

  

  Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.

• Why SEC Abandoned Microcap Convertible Debt Crackdown

  

  The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.

• The Metamorphosis Of The Major Questions Doctrine

  

  The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

• What 9th Circ. Ruling Shows About Rebutting SEC Comments

  

  The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.

• GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins

  

  Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.

• Feds' Shift On Reputational Risk Raises Questions For Banks

  

  While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.

• Defense Lessons From Freshworks' Win In Post-IPO Case

  

  A California federal court’s recent decision to grant Freshworks’ summary judgment bid in a proposed investor class action helpfully clarifies two important points for defendants facing postoffering securities claims under Section 11 of the Securities Act, say attorneys at Paul Weiss.

• 'Loss' Policy Definition Is Key For Noncash Settlements

  

  A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.

• Series

  Playing Mah-Jongg Makes Me A Better Mediator

  

  Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

• Business Court Bill Furthers Texas' Pro-Corporate Strategy

  

  The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

• Series

  Law School's Missed Lessons: Navigating Client Trauma

  

  Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

• What To Expect As UK, US Gov'ts Develop Stablecoin Policies

  

  While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

• Opinion

  4 Former Justices Would Likely Frown On Litigation Funding

  

  As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

• Quantifying Trading-Based Damages Using Price Impact

  

  The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.

• Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

  

  The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.