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Legendary investor Warren Buffet famously said, “only when the tide goes out do you discover who has been swimming naked.” In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. The Securities and Exchange Commission (SEC) in particular has made clear that it thinks everyone in the crypto pool is swimming without their trunks. Ironically, while the SEC and the Commodity Futures Trading Commission (CFTC) have brought a great deal of enforcement actions, they also have loudly disagreed with each other over who has jurisdiction, i.e., which digital assets are securities and which are commodities. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
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By Peter Collins
It is imperative that every organization acknowledges and takes seriously the potential harm that can be caused by insiders who misuse AI as a weapon for personal gain or to settle scores.
By Elkan Abramowitz and Jonathan Sack
This article analyzes the Second Circuit’s decision, which rejected the defense’s arguments for narrowing the definition of “corruptly” and a “thing of value” in the context of Section 215(a)(2).
By Sarah Heaton Concannon and Alexander Schwartz
This article identifies certain information asymmetries in the SEC’s beneficial ownership reporting rules, discusses the extent to which those information asymmetries are addressed (or not) under the SEC’s recent rule amendments, and considers whether additional rule amendments or SEC guidance continue to be necessary.
By Maydeen Merino
Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as “AI washing.”