Securities

Expert Analysis

• Lenders Score Major High Court Victory In Foreclosure Case

  

  The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

• How The SEC Eased In-Person Director Voting Rules

  

  Last month, U.S. Securities and Exchange Commission staff issued a no-action letter permitting fund and company boards of directors to meet and take certain actions by telephone or video conference when directors cannot meet in person. But the validity of contracts entered into in such circumstances is unclear, say attorneys with Proskauer Rose LLP.

• Tech Trends From SXSW Pose Unique Questions For Lawyers

  

  These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

• Liability For CEO Misconduct Expands After #MeToo

  

  The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

• In Bar Admissions Process, It's Candor Or Bust

  

  You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

• High Noon For Cryptocurrency Offerings In Texas?

  

  A consent order entered by Texas securities regulators last month illustrates how Texas’ willingness to police crypto offerings — even when few state residents may have participated — will continue to complicate the regulatory environment, say Philip Bezanson and David Springer at Bracewell LLP.

• The Post-Cyan­ Spike In State Securities Act Filings

  

  One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.

• Series

  Judging A Book: Bashant Reviews 'Doing Justice'

  

  My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

• 4-Person SEC May Shift Away From Corporate Penalties

  

  A Democratic member's recent departure from the U.S. Securities and Exchange Commission likely means that for the foreseeable future corporate penalties will not be imposed in cases where a company did not obtain any benefit from its misconduct, say attorneys at Debevoise & Plimpton LLP.

• Firms Can Leverage Communications When Economy Is Slow

  

  Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.