As the economy progresses into an age marked by the rise of streaming services and the collapse of brick-and-mortar empires like Blockbuster Video, consumers have swiftly adapted and embraced new technology. GameStop, a once thriving video game retailer with storefronts at many local malls, is suffering a similar fate. In December 2020, the video game chain announced that it would close up to 1,000 stores by the end of its fiscal year in March 2021. (Lauren Gray, Yahoo!). Even so, in January 2021, many investors woke to news headlines declaring a GameStop stock (“GME”) buying craze. Within six days, GME’s price soared from $43.03 on January 21st to $347.51 on January 27th, a 708% increase. (Google Finance). What happened?
Read MoreThe 2020 presidential election could trigger an overhaul of private equity regulations, as the Democratic party, if elected into the White House, could unwind the Trump administration’s deregulation efforts. (APK Metropolitan News). The private equity industry is no stranger to change; the past ten years have brought dramatic changes to the industry. First, the private equity industry has grown considerably. The 2020 McKinsey Global Private Equity Markets Review reported there are now approximately 7,000 private equity firms, a 40% increase since 2010. (MJ Hudson). The Securities and Exchange Commission (“SEC”) estimated $2.7 trillion was raised in private markets in 2019, compared to the $1.2 trillion raised in public markets. (Zach Gibson, The Wall Street Journal).
Read MoreThe Strategic Hub for Innovation and Financial Technology (“FinHub”) of the Securities and Exchange Commission (“SEC”) released a framework for analyzing whether a contemplated sale of cryptocurrency, or tokens, is an “investment contract.” (FinHub Staff, SEC). The Securities Act of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act”) both include investment contracts in their definition of securities. (15 U.S.C. §§ 77b(a)(1); 78c(a)(10)). If a cryptocurrency meets the requirements of an investment contract, it is a security subject to registration and regulation under the Securities Act and Exchange Act. The framework released by the SEC applies existing legal precedent to the cryptocurrency context. (FinHub Staff, SEC).
Read MoreAfter their founding in 2007 and 2008, respectively, rideshare market leaders Lyft, Inc. and Uber Technologies, Inc. have both decided to go public in 2019 (Lyft, Bloomberg; Uber, Bloomberg). With Lyft filing their S-1 on March 1stand Uber as recently as April 11th, the race for investors is hastily underway (Lyft S-1, Uber S-1). While Initial Public Offerings (“IPOs”) are one of many ways for companies to sell to investors, they allow for sales of stock to a much broader audience and mark the first time that company shares can be listed on an exchange.
Read More“Don’t shoot the messenger.” This phrase was at the heart of the defense in Lorenzo v. SEC, one of the most recent Supreme court cases to consider whether an individual can be held liable under Rule 10b-5 for knowingly disseminating fraudulent statements in connection with the purchase or sale of securities. Lorenzo, the director of investment banking at an SEC-registered brokerage firm, sent two emails to investors that described a potential investment in a company with “confirmed assets” of $10 million.
Read MoreIn August 2018, Tesla CEO Elon Musk oddly and fatefully tweeted that he had secured funding to take Tesla private. (Alexander Stein, Forbes). Shortly after, the Securities and Exchange Commission (the “SEC”) filed suit against Musk and Tesla, alleging that Musk made materially false and misleading statements in violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b‑5. (SEC Complaint, Sept. 27, 2018). The SEC argued that Musk “knew or was reckless in not knowing that his statements were false and misleading” and that he omitted material facts in his statement. (Id.) According to the SEC, Musk’s statements “caused market chaos and harmed Tesla investors.” (Id.) In September 2018, the SEC and Musk reached a settlement on these charges which required Musk to step down as chairman of Tesla for three years, pay a $20 million fine, and consent to independent directors monitoring his communications to investors. (Matthew Goldstein, N.Y. Times).
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