..., the blockchain industry should pay close attention to this decision. Originality/value Expert guidance from lawyers with extensive experience in blockchain technologies, digital currencies, securities offerings and litigation, investment funds and financial services. SEC v. Telegram Group Inc...

...Kenneth J. Berman; Morgan J. Hayes; Matthew E. Kaplan; Byungkwon Lim; Gary E. Murphy; Yean Do; Jonathan R. Steinberg Purpose To analyze and draw conclusions from the “Framework for ‘Investment Contract’ Analysis of Digital Assets” (the “Framework”), released by the US Securities and Exchange...

... by the Hong Kong Securities and Futures Commission (SFC) in November 2018, regulatory standards relating to virtual asset portfolio managers and fund distributors and a conceptual framework for potential regulation of virtual asset trading platform operators. Discusses the implications of the regulatory...

...William K. Pao; Eric Sibbitt; Taylor R. Evenson; Andrew J. Weisberg Purpose The purpose of this paper is to identify trends in the unfolding wave of crypto-securities cases targeting initial coin offerings and discuss the reasons why these suits will likely proliferate. Design/methodology...

...Matthew T. Wirig; Kate S. Poorbaugh Purpose To summarize guidance from the Securities and Exchange Commission’s (“SEC”) Division of Investment Management regarding Rule 206(4)-2 (the “Custody Rule”) under the Investment Advisers Act of 1940. Design/methodology/approach This article summarizes...

...Kurt Decko; Stacy Fuller Purpose The purpose of this paper is to explain the announcement and no‐action letter of December 11, 2012 from the Securities and Exchange Commission (“SEC”) Division of Investment Management lifting the moratorium on the use of derivatives by actively managed exchange...

...Edward Pittman; Brenden Carroll; Sean Murphy Purpose The purpose of this paper is to explain two recent actions by the US Securities and Exchange Commission (SEC), a “Settlement Order” and a National Examination Risk Alert, that highlight the importance of compliance controls with respect...

... New FINRA Rule 5123 Regarding Private Placements of Securities; Regulatory Notice 12‐44, SEC Approves Amendments to FINRA Rule 4210 (Margin Requirements); Regulatory Notice 12‐55, Guidance on FINRA's Suitability Rule; and Regulatory Notice 13‐13, Trading and Quotation Halts in OTC Equity Securities...

...Martin R. Miller Purpose The purpose of the article is to inform the various securities market participants about new Rule 5123 of the Financial Industry Regulatory Authority, Inc. (FINRA), its specifics and the requirements it may impose. Design/methodology/approach The author outlines...

...Anthony R.G. Nolan; Susan I. Gault‐Brown; Lawrence B. Patent Purpose The purpose of this paper is to explain a final rule adopted by the SEC and the CFTC that clarifies Dodd‐Frank Act definitions for the new terms “swap dealer,” “security‐based swap dealer,” “major swap participant” and “major...

... The paper provides an introduction to crowdfunding followed by preliminary explanations of the criteria for securities offerings that are exempted from traditional registration, requirements for brokers or funding portals that serve as crowdfunding intermediaries, disclosure and other requirements...

...Fredric Sosnick; Ned S. Schodek; Alexa J. Loo Purpose The purpose of this paper is to help parties to “TBA contracts” better understand how their claims would be treated in the event that a Securities Investor Protection Act of 1970 (SIPA) proceeding was commenced with respect...

... © Emerald Group Publishing Limited 2012 --> Investments Derivative markets Securities Investors Article Type: 2011 Awards for Excellence From: Journal of Investment Compliance, Volume 13, Issue 1 The following article was selected for this year's Outstanding Paper...

...James Weidner; Christopher Lane; Sean Peterson Purpose The purpose of this paper is to assess the effects of several lower court decisions, the enactment of the Dodd‐Frank Wall Street Reform & Consumer Protection Act of July 2010, and subsequent Securities and Exchange Commission statements...

... in the context of a Section 36(b) claim, as well as a claim under the Securities Act of 1933 or the Securities Exchange Act of 1934. Originality/value The paper provides practical guidance from experienced financial services lawyers. Brian S. Vargo is the corresponding author and can be contacted...

...Harry Frischer; Charles E. Dropkin; Jennifer R. Scullion; Richard L. Spinogatti Purpose The purpose of this paper is to explain the June 24, 2010 decision of the US Supreme Court in Morrison v. National Australia Bank Ltd concerning the territorial scope of the Securities Exchange Act of 1934...

...David B.H. Martin; Brandon K. Gay Purpose The purpose of the paper is to summarize and discuss selected investor‐protection and other related enhancements to federal securities regulation contained in the Dodd‐Frank Wall Street Reform and Consumer Protection Act. Design/methodology/approach...

..., discusses the reasoning behind the “alternative uptick rule”, defines “covered securities” to which Rule 201 applies, explains why the commission chose the national best bid as the basis of the execution of short sales during the circuit breaker period, discusses the SEC's policies and procedures approach...

...Russell D. Sacks; Michael J. Blankenship Purpose The purpose of this paper is to describe the Securities and Exchange Commission's recently proposed new rules to establish a large trading reporting system. Design/methodology/approach The paper provides an overview of the new Rule 13h‐1, which...

... from experienced securities lawyers. Table I sets out the ten highest penalties ever imposed on individuals by the FSA [2] . Elisabeth Bremner can be contacted at: elisabeth.bremner@dlapiper.com © Emerald Group Publishing Limited 2010 Eagle also embarked on a scheme to manipulate...