On June 6, the U.S. Supreme Court denied the petition for certiorari in the case of Navellier & Associates, Inc. v. Securities and Exchange Commission (SEC). This decision effectively upholds the lower courts’ rulings, allowing the SEC to continue its practice of disgorging profits obtained through fraudulent activities without needing to prove direct financial harm to investors.
Chapter 11 bankruptcy, known as “reorganization bankruptcy,” is a process aimed at preserving a debtor’s business value. It unfolds in five stages, with Part I focusing on prepetition planning and the initial filing. These stages lay the groundwork for the proceedings and influence the debtor’s ability to reorganize effectively.
Following the Freedom of Information Act (FOIA) litigation brought against the Federal Deposit Insurance Corporation (FDIC) in 2024,[1] on February 5, 2025, the FDIC released hundreds of pages of documents related to its supervision of banks that engaged in, or sought to engage in, crypto-related activities during the last administration. Acting Chairman Hill’s decision
Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” involves the systematic liquidation of a business debtor’s assets by a bankruptcy trustee, with the proceeds distributed to creditors. This process signifies the end of the business partner for creditors, although occasionally, the trustee may operate the business briefly to sell assets as a going concern.
Register HereJune 13 – 15, 2025
Troutman Pepper Locke is proud to sponsor the Georgia Bankers Association’s 2025 Annual Meeting. James Stevens will be a featured speaker, providing an update on board strategy. The event will take place at The Omni Boston Hotel at Seaport in Boston, MA, from June 13-15, 2025.
May 7 – 8, 2025
James Stevens presented on The Regulatory Environment Around the Convergence of Banking and Fintechs at the Payments & Banking Symposium on May 7. The conference was held at the Waldorf Astoria Monarch Beach Resort in Dana Point, CA.
In the recent Supreme Court case, Navellier & Associates, Inc. v. Securities and Exchange Commission (SEC), the petitioners sought a writ of certiorari challenging the decisions of the lower courts regarding the scope of disgorgement and the materiality standard applied in securities fraud cases. On May 5, the SEC filed its brief in opposition to the petition.
Understanding the differences between receivership and bankruptcy is crucial for businesses facing financial distress. A receivership involves the appointment of an independent third party by a court to manage and preserve a business’s assets, primarily to maximize the value of the secured lender’s collateral. In contrast, bankruptcy generally benefits the borrower who has become insolvent
On April 10, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance (the Division) issued a statement aimed at providing greater clarity on the application of federal securities laws to crypto assets. These offerings may involve equity or debt securities of issuers whose operations relate to networks, applications, and/or crypto assets. The offerings may
Wednesday April 30, 2025 at 2:00 p.m.Washington, D.C.
We are excited to announce that Alex Barrage will be a panelist at the IPA Innovative Payments Conference in Washington, DC, at 2:00 p.m. on Wednesday, April 30, 2025. “The Future of BaaS Banking” will be moderated by Rebecca Kronlund, Deputy General Counsel, Pathward N.A., and will
