On Tuesday, February 6, 2024, the United States Securities and Exchange Commission promulgated final rules relating to changing the definition of dealer pursuant to the Securities Exchange Act of 1934. See SEC.gov | SEC Adopts Rules to Include Certain Significant Market Participants as “Dealers” or “Government Securities Dealers”. This definitional change is a watershed
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Updated 2023 Interactive Survey of State ‘Blue Sky’ Filing Requirements Facilitates Compliance
We wanted everyone to know that access is now available to our updated Blue Sky survey. Ernest E. Badway – Interactive Survey of State ‘Blue Sky’ Filing Requirements Facilitates Compliance – Updated 2023 (foxrothschild.com)
Why Does the SEC Whine so Much? The Sec’s Attack on Lawyers and a Way out of This Mess
Hope you enjoy my article on the SEC’s dysfunctional relationship with defense lawyers. Ernest E. Badway – Why Does the SEC Whine so Much? The Sec’s Attack on Lawyers and a Way out of This Mess (foxrothschild.com)
Updated 2023–National Survey on Restrictive Covenants
We wanted to alert you to our updated 2023 National Survey on Restrictive Covenants. Ernest E. Badway – National Survey on Restrictive Covenants – Updated 2023 (foxrothschild.com)
The ‘New’ M&A Broker-Dealer Exemption Alert
Please take a look at our new alert on the recently enacted M&A BD Exemption. Ernest E. Badway – The ‘New’ M&A Broker-Dealer Exemption (foxrothschild.com).
Updated 2023– Who Does What: Broker Dealers | Registered Investment Advisers | Commodities/Futures Entities
Here is our updated “Who Does What…. ” publication. Ernest E. Badway – Who Does What: Broker Dealers | Registered Investment Advisers | Commodities/Futures Entities – Updated 2023 (foxrothschild.com)
THE ROLE OF NFTS IN THE METAVERSE:LITIGATING NFT DISPUTES – PART II
In our first part, we discussed the technological foundations of NFTs. Next, we turn to the legal issues, most certainly to be raised in any NFT litigation.NFT’s Intellectual Property RightsPatent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT. These underlying IP rights exist…
THE ROLE OF NFTS IN THE METAVERSE:LITIGATING NFT DISPUTES – PART I
This will be a two-part posting. In this first part, we will focus on the NFT technology, and in the second part the legal underpinnings. NFT technology presents an extraordinary opportunity for arbitration to be used as the most viable approach to disputes. All disputes regarding foundational issues and smart contracts, including privacy/security; intellectual property;…
Know Your NFT Before You Sell It or Expect to Send the Money Back
With the massive explosion in interest in the use of non-fungible tokens (“NFTs”), purveyors are always looking for new avenues and areas to utilize NFTs. NFTs are being integrated into many different facets of commerce. Nonetheless, it is important to consider several regulatory issues before “jumping into the deep end” with an NFT offering.
Initially,…
The SEC, Climate Change, and Disclosure: A Brave New World
The United States Securities and Exchange Commission issued a rule proposal that would enact new climate-related disclosure requirements on public companies, requiring disclosure of greenhouse gas emissions and the business risks of severe weather events as well as issues relating to lower carbon footprint transition. See https://www.sec.gov/rules/proposed/2022/33-11042.pdf. The SEC claims this will assist investors in…