The Securities and Exchange Commission’s (“SEC”) enforcement agenda for the 2022 fiscal year addresses an expansive range of financial industries and products. (Thomas Zaccaro, et al.; Bloomberg Law). Amid the rapid growth of digital assets, the SEC’s enforcement agenda includes increased focus on the scrutiny and regulation of crypto-lending, the process where an investor will deposit cryptocurrencies into a crypto-lending account and earn interest on that deposit in the form of cryptocurrencies. (Id.; Brian Breheny, et al.; Skadden; Joe Light, The Washington Post). However, it was not until a recent SEC enforcement action against BlockFi Lending LLC (“BlockFi”) that the SEC applied the Investment Company Act of 1940 (the “Act”) to a crypto-lending company, which gave the SEC the opportunity to establish its approach for regulating crypto-lending. (Robert Kim, Bloomberg Law)…
Read MoreThe Biden Administration has recently stressed the importance of cybersecurity through certain requirements on companies that are critical to national interests. (Alan Suderman and Eric Tucker, Associated Press). For example, on March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act, which aims to combat against a recent breach on U.S. fuel pipeline and to alleviate the concern that Russia’s invasion into Ukraine may increase risk to U.S. infrastructure. (Gibson Dunn). However, this Administration is not alone in its focus on cybersecurity issues. Given the security risks that have arisen from a heavy shift to working from home, these concerns have become more widespread. (Perkins Coie). These feelings likely stem from the evolving technology that allow “cyberpunks” and hackers to breach company infrastructure. Id Following the trend toward more security, the Securities and Exchange Commission (“SEC”) has proposed new cybersecurity rules on a number of different types of investment companies (“Funds”) and investment advisers in an attempt to address and the fight against these types of cyber threats. (Id.; Rachael Schwartz, JD Supra; Federal Registrar)….
Read MoreAfter media, Wall Street, and government scrutiny over its involvement in the “meme stock” frenzy in early 2021, Reddit, Inc. (“Reddit”) finds itself in the spotlight again. (Taylor Tepper & Benjamin Curry, Forbes). This time, Reddit attracted attention from the Securities and Exchange Commission (“SEC”) by filing a confidential initial public offering (“IPO”) on December 15, 2021. (Id.; Reddit Announcements). Reddit’s valuation stands at approximately $10 billion after its most recent funding round garnered $700 million. (Taylor Tepper & Benjamin Curry, Forbes). However, the confidential nature of Reddit’s filing means that it is not required to publicly disclose financial data until far later than usual in the IPO process. (Sergei Klebnikov, Forbes). . .
Read MoreEven though Nasdaq’s new board diversity rules were approved by the Securities and Exchange Commission (“SEC”) in August 2021, most public companies will not be required to comply with the rules’ standards until 2023, assuming the rules are not overturned based on the legal challenges they are currently facing. (Nasdaq, Rule 5605(f); Bre Bradham and Patrica Hurtado, Bloomberg Law). However, other corporate diversity advocates, including shareholders and institutional investors, are currently pushing for greater diversity on boards of directors and company disclosures stating the racial and gender make-up of the board of directors (“board”). . .
Read MoreElon Musk, with a net worth close to $240 billion, is not one to shy away from his dislike of the Securities and Exchange Commission (“SEC”). (Forbes, last visited Feb. 4th, 2022). As the CEO of Tesla, Inc. (“Tesla”), Musk has repeatedly tweeted comments that have affected both Tesla’s stock price and his reputation with investors. A tweet from November 6, 2021 regarding Tesla has caught the eye of investors, some of whom filed a Delaware lawsuit on December 16, 2021, alleging mismanagement of the company based on the tweet. (Mike Leonard, Bloomberg Law). The tweet polled Musk’s approximately 70 million followers asking if he should sell a tenth of his stake in the company, and 57.9% of those who viewed his poll voted for the sale. . .
Read MoreThe Securities and Exchange Commission (“SEC”) released a vindicatory letter to China-based issuers demanding increased disclosures and financial reporting requirements. (U.S. Securities and Exchange Commission). The SEC’s letter took considerable jabs at the Chinese infrastructure that has stalled the Public Company Accounting Oversight Board (“PCAOB”) from auditing the Chinese issuers’ public accounting firms. (U.S. Securities and Exchange Commission). The letter demands that disclosures from China-based issuers include disparaging warnings indicating the lack of enforcement mechanisms and risks associated with a “less developed legal system.” (U.S. Securities and Exchange Commission). . .
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