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This Day in Legal History: Slobodan Milosevic Trial BeginsOn this day in legal history, the trial of Slobodan Milosevic, a pivotal figure in the Balkan civil wars of the 1990s, commenced on February 12, 2002, at The Hague, The Netherlands. Held at the International Criminal Tribunal for the former Yugoslavia (ICTY), this landmark case marked a significant moment in international law. Milosevic, who once held the presidency of Yugoslavia, faced charges that were both grave and far-reaching. Indicted on sixty-six counts, the charges against him included war crimes, genocide, and crimes against humanity, reflecting the severe impact of the conflicts that tore through the Balkans. The trial itself became a focal point for global attention, symbolizing the international community's commitment to holding leaders accountable for their actions. However, the proceedings were abruptly halted by the untimely death of Milosevic due to a heart attack, leaving the case without a formal verdict. Despite its inconclusive end, the trial of Slobodan Milosevic remains a cornerstone in the pursuit of justice for victims of the Balkan wars and underscores the complexities of applying international law in cases of mass atrocities.Corporate boards are increasingly facing legal battles with activist investors due to the implementation of stringent advance-notice bylaws, designed to complicate the nomination of rival board members. These legal disputes, involving companies like Halliburton Co. and Peloton Interactive Inc., question the extent to which boards can enforce these bylaws to exclude activist nominees from shareholder ballots. The bylaws, seen as a reaction to regulatory changes and a Delaware Supreme Court ruling that lessened scrutiny of potentially disenfranchising measures, have been criticized for their potential to be "weaponized" against dissidents. Recent court cases, including a notable decision involving AIM Immunotech Inc., have resulted in mixed rulings, indicating a complex legal landscape ahead. These bylaws are challenged for various reasons, from their use to uncover conflicts of interest to allegations of being used to unfairly disqualify nominees. The legal community is divided on whether overreaching provisions should invalidate the entire set of bylaws or just be selectively struck down. The ongoing litigation reflects a broader struggle over the balance of power between corporate boards and shareholders, hinting at future legal developments that may redefine the rules of engagement for corporate governance.Activist Investors Confront ‘Weaponized' Board Nomination BylawsA U.S. judge has mandated that Elon Musk, CEO of Tesla and SpaceX and owner of the social media platform X (formerly Twitter), testify in the Securities and Exchange Commission's (SEC) investigation into his acquisition of Twitter for $44 billion. This order, issued by U.S. Magistrate Judge Laurel Beeler, follows Musk's refusal to attend a scheduled interview in September as part of the SEC's examination into his compliance with legal requirements during the takeover, specifically concerning the filings related to his Twitter stock purchases and the accuracy of his statements about the deal. Musk contested the SEC's request, claiming harassment and arguing that he had already been interviewed twice. However, Judge Beeler dismissed Musk's objections, affirming the SEC's right to subpoena him for information pertinent to their investigation. This legal development is part of a broader history of friction between Musk and the SEC, dating back to a 2018 lawsuit over Musk's tweets about potentially taking Tesla private.US judge orders Elon Musk to testify in SEC's Twitter probe | ReutersIn late 2023, law firms experienced a notable financial turnaround, buoyed by significant rate growth and an uptick in demand for countercyclical services, which thrive during economic downturns. According to the Thomson Reuters Law Firm Financial Index, which monitors key financial indicators across 173 large and midsize firms, there was a year-over-year increase in profits during the fourth quarter, contrasting with the declines observed in 2022. Specifically, the Am Law 100 firms saw a 6% rise in profits-per-equity partner, while Am Law 200 firms enjoyed a 2.5% increase, and midsize firms witnessed a marginal 0.3% uptick in profitability.This recovery, however, did not reach the double-digit profit growth rates of 2020 and 2021, marking a period of recalibration for the industry. Law firms demonstrated resilience by aggressively adjusting their rates and managing expenses, particularly those related to associate compensation. The overall demand for law firm services rose nearly 2%, driven by strong performance in litigation and bankruptcy sectors, which saw increases of 3% and over 6%, respectively. Labor and employment demand also went up by nearly 3%.However, lawyer productivity is on a downward trend, with average billing hours per month dropping to 115 in the fourth quarter of 2023, the lowest since at least 2005. This decline is attributed to the impact of technology and the use of alternative fee arrangements, which decouple hours worked from firm profitability. The industry faces challenges in boosting productivity amid stable demand and headcount, setting the stage for a volatile 2024 with continued staffing and technological risks.Law firms' profits rebounded in late 2023 amid robust rate growth | ReutersDan Webb, a prominent lawyer from Winston & Strawn who has defended Fox News and Boeing Co., is actively supporting the centrist political group No Labels in its effort to launch a third-party "unity" ticket that combines a Republican and a Democrat for the 2024 election. This initiative is driven by a desire to offer Americans an alternative to Joe Biden and Donald Trump, amidst criticism that it could inadvertently benefit Trump. Webb, who identifies as a moderate Republican and has a long history of involvement in politics, including serving as US attorney for Illinois' Northern District appointed by Ronald Reagan, is volunteering for No Labels. He has participated in strategy discussions and is helping to vet candidates for a potential nominating convention. Despite the potential for political backlash and amidst a broader context where law firms are wary of political entanglements, Webb is committed to the cause, citing the unpopularity of both Biden and Trump and the need for a new choice in leadership. No Labels has made progress in getting on the presidential ballot in 15 states, with decisions about a third-party candidacy to be made after Super Tuesday in March. However, the group's efforts have attracted lawsuits and criticism, with accusations of being a threat to democracy and engaging in a "bait and switch" with donors. Webb's involvement exemplifies his lifelong interest in politics and represents a significant move in the current polarized political landscape.Trump, Biden Alternative Urged by Lawyer for Fox News and Boeing Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

The fallout from the SolarWinds intrusion took a new turn with the U.S. Security and Exchange Commission's (SEC) decision to file a cybersecurity-related enforcement action against the SolarWinds corporation and its Chief Information Security Officer (CISO), Timothy G. Brown, on October 30 of last year. To talk about the details and significance of this enforcement action, Lawfare Senior Editor Stephanie Pell sat down with Shoba Pillay, a partner at Jenner & Block and a former federal prosecutor, and Jennifer Lee, also a partner at Jenner & Block and a former Assistant Director in the SEC's Division of Enforcement. They discussed the cybersecurity and national security implications of the SolarWinds hack, what the SolarWinds enforcement action suggests about the SEC's expectations for disclosure obligations of companies, and whether the SEC or another agency is best suited to determine whether and how SolarWinds should be held accountable. They also discussed larger takeaways and messages sent by the SEC's decision to charge a CISO in this case. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Just a day before the deadline for the Securities and Exchange Commission's (SEC) approval of Bitcoin Exchange-Traded Funds (ETFs), the regulators are still in active talks with proposing institutions. Bitwise lowered the fee for its spot bitcoin exchange-traded fund down to 0.20% — the lowest among all the current offerings — according to an amended S-1 filing on Tuesday morning.Ark/21Shares is continuing to offer zero fees for the first six months or until the fund has $1 billion in assets, and 0.25% after that. ~This episode is sponsored by Tangem~Tangem ➜ https://bit.ly/TangemPBNUse Code: "PBN" for Additional Discounts!00:00 Intro00:21 Sponsor: Tangem Wallet01:01 Jim Cramer call the top01:28 ETF Fee Wars02:37 Cathie Wood & VanEck04:05 Sell the news?06:15 ARK vs VanEck fees08:51 Bitwise CEO Hidden fees10:17 Approval Wednesday, trading by Thursday11:08 Buy the news?12:35 Gary Gensler14:29 Bullish for exchanges?16:20 Billions incoming?20:10 Bitcoin Premium22:28 Pump then Dump?24:05 Ignore the noise25:04 outro#Crypto #Bitcoin #Ethereum~

This Day in Legal History: Racially-Integrated Bus Service Begins in MontgomeryOn this day in legal history, December 21st, we spotlight a pivotal moment in the civil rights movement: the start of racially-integrated bus service in Montgomery, Alabama. On December 21, 1956, a significant change unfolded in the streets of Montgomery as buses began operating under a new, integrated system. This historic shift came after enduring federal court rulings that conclusively terminated the practice of on-board segregation.The genesis of this transformative moment can be traced back to the courageous efforts of the African American community in Montgomery. Their resilience was epitomized in the Montgomery Bus Boycott, a protest sparked by Rosa Parks' refusal to give up her seat to a white passenger. This boycott, lasting over a year, was a strategic and peaceful defiance against segregation and racial injustice.Two key figures in this historic change were Rev. Dr. Martin Luther King Jr. and Rev. Ralph Abernathy. As prominent leaders of the bus boycott, they symbolized the relentless struggle for equality and justice. On that significant day, they were among the first to ride the buses under the newly implemented integrated service.The Montgomery Bus Boycott and the subsequent integration of the bus service marked a crucial victory in the civil rights movement. It not only challenged and changed segregation laws but also galvanized the fight for civil rights across the United States. This event is a testament to the power of collective action and the enduring pursuit of equality.The legacy of December 21, 1956, continues to resonate as a reminder of the long and ongoing journey towards racial equality. It stands as a beacon of hope and a symbol of the enduring spirit of resistance against injustice. Today, we remember and honor this monumental day in legal history, a day that forever changed the fabric of American society.The U.S. Supreme Court, reshaped by former President Donald Trump, is set to confront a series of cases that could significantly impact the 2024 presidential election. Central to these cases is Trump's role in the events leading up to the January 6, 2021, attack on the Capitol, where his supporters attempted to obstruct the certification of Joe Biden's victory. These cases mark the Supreme Court's most politically charged involvement in elections since the decisive 2000 ruling in favor of George W. Bush.Erwin Chemerinsky, dean of UC Berkeley Law School, highlights the unprecedented potential of the court to influence the upcoming election, particularly regarding Trump's ballot eligibility and the progression of his federal criminal prosecution. Amidst a conservative shift in American law, the court's approach to these cases is closely watched, especially after recent rulings on key issues like abortion and gun rights.A pivotal moment is Trump's vow to challenge a Colorado court ruling disqualifying him from the state's primary ballot. The outcome of this appeal could set a precedent for similar challenges in other states. Currently, Colorado is the only state among 32 to disqualify Trump based on the 14th Amendment, which prohibits those involved in insurrection from holding federal office. The Supreme Court's decision in the Colorado case could influence similar efforts nationwide, with Michigan, a politically critical state, also considering a related case.Leah Litman, a law professor at the University of Michigan, underscores the high stakes of these disputes for democracy, particularly in their implications for upholding the peaceful transition of power.The court is also entangled in criminal cases against Trump. Special Counsel Jack Smith has requested the court to rule on Trump's claim of immunity from prosecution for actions related to his 2020 election defeat. Additionally, the court will decide if obstruction charges related to the January 6 assault are applicable, which could affect Trump, who faces similar charges.Trump, facing four criminal prosecutions, has pleaded not guilty in all cases. His legal team may soon seek Supreme Court intervention in a defamation lawsuit by E. Jean Carroll. Despite the court's conservative leaning, experts like Stanford Law's Michael McConnell do not anticipate bias in favor of Trump, even though the legal issues are more nuanced than in post-election litigation.Trump legal clashes reach US Supreme Court as 2024 election nears | ReutersA U.S. federal judge has temporarily blocked a California law set to ban the carrying of guns in most public places from January 1. U.S. District Judge Cormac Carney, of the Central District of California, issued a preliminary injunction stating that the law would unconstitutionally deprive concealed carry permit holders of their Second Amendment right to carry a handgun in public for self-defense. He described the law as "sweeping" and "repugnant to the Second Amendment."California Attorney General Rob Bonta expressed intentions to appeal the decision, arguing that if the ruling stands, it would put communities at risk by allowing guns in areas frequented by families and children. Governor Gavin Newsom criticized the decision, voicing concerns about the proliferation of guns in sensitive areas like hospitals, libraries, and playgrounds.The law, signed in September, aimed to prohibit concealed firearms in 26 types of "sensitive places," including hospitals, playgrounds, and places of worship. Judge Carney's ruling pointed out that the law would turn almost every public place in California into a 'sensitive place,' effectively negating the Second Amendment rights for law-abiding citizens to defend themselves in public.The Second Amendment's interpretation has long been debated in the U.S., especially with gun violence being a leading cause of death among children since 2020. Judge Carney referenced recent Supreme Court rulings that have expanded gun rights, stating that individuals must be able to exercise their right to self-defense, including bearing arms responsibly.Chuck Michel, president of the California Rifle & Pistol Association, which filed the lawsuit, argued that the state's politicians are refusing to accept Supreme Court rulings that uphold gun carrying rights. Michel hailed the court's decision as a recognition of the state's overreach in gun control measures.US federal judge blocks California law barring guns in public | ReutersIn 2023, global mergers and acquisitions (M&A) activity dropped to its lowest point in a decade, influenced by high interest rates and economic slowdowns. The total M&A volume fell 18% to around $3 trillion, the lowest since 2013. Dealmakers attribute this decline to increased financing costs for acquisitions and economic uncertainties making price agreements challenging.Despite the downturn, experts foresee a rebound in M&A activity. In the United States, M&A volumes decreased by 8% to $1.42 trillion, while Europe and the Asia Pacific regions saw sharper declines. Private equity-led buyout volumes globally also fell by 38%. However, the fourth quarter of the year showed a 19% increase in deal volumes, mainly driven by significant transactions in the oil and gas industry, including Exxon Mobil's $60 billion acquisition of Pioneer Natural Resources and Chevron Corp's $53 billion purchase of Hess Corp.The report highlights the challenges in deal-making due to a tough antitrust environment and lengthy regulatory reviews, especially for cross-border deals. The uncertainty of regulatory regimes due to upcoming elections in the U.S. and India may also affect M&A activities. However, corporate buyers are expected to continue their strategic M&A planning.Shareholder activism is rising, potentially driving more M&A activity. M&A advisers are optimistic, noting a more robust pipeline of deals for 2024 compared to the previous year. This optimism is echoed by Jim Langston of Cleary Gottlieb Steen & Hamilton, who notes an acceleration in market confidence and active transaction dialogues.Dealmakers see rebound after global M&A volumes hit decade-low | ReutersNasdaq Inc.'s rules requiring listed companies to have diverse boards or explain their absence will take effect by December 31, following the Securities and Exchange Commission's (SEC) approval in 2021. These regulations, surviving a legal challenge from two conservative groups in the US Court of Appeals for the Fifth Circuit, are based on the premise that board diversity information is significant to investors.Companies must now include at least one board member who is a woman, belongs to an underrepresented minority, or identifies as LGBTQ+, or publicly explain non-compliance. Nasdaq's definition of underrepresented minorities includes various racial and ethnic groups. Exceptions are provided for newly listed companies and those with small boards.By the end of 2025, companies on Nasdaq's Global or Global Select market tiers must have at least two diverse directors—one being a woman and the other from an underrepresented minority or LGBTQ+ community. Smaller firms have until 2026 to meet this requirement. Companies with small public floats or revenues can satisfy this with two female directors, regardless of minority or LGBTQ+ status. Foreign companies and smaller boards have more lenient requirements.Since 2022, companies have disclosed board demographics using Nasdaq's diversity matrix. However, a Bloomberg Law analysis observed a decrease in boards with women and minority or LGBTQ+ directors from 2022 to 2023.The Fifth Circuit could still overturn these rules if the full court decides to review the decision by the three-judge panel, which was composed of judges appointed by Democratic presidents. The majority of judges on the full court are appointed by Republicans.Non-compliant companies will receive a grace period from Nasdaq's Listing Qualifications Department. Persistent non-compliance could lead to delisting, subject to an appeal to a Nasdaq hearings panel.Contested Nasdaq Board Diversity Rules Take Effect: Explained Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

This (Yester)Day in Legal History: The Closing of Operation Blue Book On December 17th in legal history, we turn our attention to a unique and thought-provoking event: the closure of Project Blue Book by the U.S. Air Force in 1969. This project, initiated in 1952, represented the Air Force's systematic study of Unidentified Flying Objects (UFOs), aiming to ascertain if they posed a threat to national security and to scientifically analyze UFO-related phenomena.The termination of Project Blue Book was influenced significantly by the findings of the Condon Committee, a group of scientists led by physicist Dr. Edward Condon. Their report, published in 1968, concluded that further UFO studies were unlikely to yield significant scientific findings, leading to the project's closure on December 17, 1969.This decision marked a crucial moment in the realms of government transparency and public information access. It sparked ongoing debates about the government's duty to disclose potentially security-impacting information to the public. Legal scholars and advocates for government transparency have frequently cited this closure as a key example in discussions about classified information and the public's right to knowledge.Furthermore, the end of Project Blue Book had a lasting cultural impact. It influenced the portrayal of UFOs and extraterrestrial life in popular media and shaped public perception of these phenomena. The closure also prompted the formation of private organizations dedicated to UFO research, highlighting a continuing public interest in the topic.In legal discussions, the Project Blue Book closure continues to be a reference point concerning the declassification of government documents and the balance between national security and public transparency. This event, occurring on December 17th, 1969, remains a significant and intriguing chapter in legal history, underscoring the intersection of science, government policy, and legal principles regarding public information and national security.In a verdict late last week, a federal jury in Washington ordered Rudy Giuliani, former top campaign lawyer for Donald Trump, to pay $148 million to two Georgia election workers, Ruby Freeman and her daughter Wandrea “Shaye” Moss. This decision followed a trial determining the damages for harm to their reputations, including lost wages and mental anguish, caused by Giuliani's promotion of conspiracy theories about them in relation to the 2020 election.After the verdict, Moss expressed how Giuliani's lies had significantly altered their lives, and Freeman highlighted that the monetary compensation could not resolve all the issues caused, including the loss of her home and ongoing concerns for personal safety.Initially, Freeman and Moss sought $48 million in damages, but the jury awarded them over three times this amount, making it one of the largest recent awards, though less than the amount ordered in the Alex Jones case related to Sandy Hook.Giuliani was found liable for defamation by US District Judge Beryl Howell in August, and a jury trial followed to determine the damages. Giuliani, who plans to appeal and seek a new trial, insisted that he was fighting on principle to expose what he believes were flaws in the 2020 election, asserting its significance for American democracy.During the damages trial, Giuliani declined to testify, despite previous public statements indicating he would. He played a central role in spreading false claims of election fraud in 2020, which Trump and his allies continue to assert.Moss and Freeman testified about the severe impact of Giuliani's smear campaign on their lives, including fears for their safety and emotional distress. Moss also expressed her intention with the lawsuit to deter similar attacks on election workers in the future.Giuliani's lawyer, Joseph Sibley, acknowledged the harm to Freeman and Moss but argued that others besides Giuliani were also responsible. He described the damages as the "civil equivalent of the death penalty" for Giuliani, referring to his client's financial hardships from various legal challenges.Giuliani ordered to pay $148 mln to Georgia election workers in defamation trial | ReutersGiuliani Must Pay $148 Million for Smearing Election Workers (1)Alex Jones, a right-wing conspiracy theorist, has proposed a bankruptcy exit plan to settle defamation judgments with families of Sandy Hook Elementary School shooting victims. He offers to pay them at least $55 million over 10 years, which is significantly less than the roughly $1.4 billion judges ruled they are owed and $30 million less than the families' proposal. Jones filed for bankruptcy protection a year ago following these judgments.According to the plan, families choosing to settle would share a minimum of $5.5 million annually over 10 years from a Chapter 11 plan filed in the US Bankruptcy Court for the Southern District of Texas. This plan requires court approval. Additionally, settling families could receive all disposable income from Jones' bankrupt company, Free Speech System LLC, and a portion of Jones' own income over the next ten years.The proposal suggests that settling would mean faster payments for the families but would prevent them from pursuing the full worth of their litigation claims against Jones. The plan claims that unsecured creditors would receive more than they would in a Chapter 7 liquidation.Families who do not settle would not have a guaranteed minimum amount but could pursue claims that the court has stated cannot be forgiven in bankruptcy. Jones's plan also ensures full payment to higher priority creditors.Avi Moshenberg, representing a group of Sandy Hook families, stated they are examining Jones's plan and will share their views in due time. The families had earlier proposed that Jones pay at least $85 million over 10 years or liquidate his assets, a proposal Jones' bankruptcy lawyer deemed unrealistic.Judge Christopher M. Lopez previously found that Jones is still liable for about $1.1 billion of the $1.4 billion in debts from defamation judgments, despite his bankruptcy. The court is yet to decide on the remaining $300 million.Additionally, the court allowed Jones to sell personal items on his Infowars shows to pay for legal fees and creditor payments as part of his Chapter 11 plan. Free Speech System LLC, Infowars' parent company, also filed for Chapter 11 relief last year in response to state defamation judgments. Jones' attorneys have not commented on the recent plan filing.Alex Jones Offers Sandy Hook Families $55 Million Over 10 YearsCoinbase Global Inc. is challenging the Securities and Exchange Commission's (SEC) refusal to establish new rules for trading digital assets. The company filed a petition with the US Court of Appeals for the Third Circuit, requesting the SEC to initiate rulemaking. This action came hours after the SEC denied Coinbase's request for clarification on standards to determine if digital assets are securities.Coinbase alleges that the SEC's denial of its request is arbitrary, capricious, and an abuse of discretion, violating the Administrative Procedure Act. The exchange asserts that the SEC's approach to regulation by enforcement, without clear rules, is unfair. SEC Chair Gary Gensler views most digital assets as securities and believes crypto exchanges should be registered with the agency. However, the SEC has not formally identified which digital assets meet the security definition, leading Coinbase to criticize the current legal framework as unworkable.The SEC, on the other hand, maintains that existing federal securities laws are sufficient for digital assets. The agency relies on the Howey Test, derived from a 1946 Supreme Court ruling, to determine if an asset is a security. Gensler asserts that this test has been adequately applied to crypto assets.By way of very brief background, the Howey Test is a legal criterion established by the U.S. Supreme Court in 1946 in the case of SEC v. W.J. Howey Co. to determine whether a transaction qualifies as an "investment contract," and thus would be subject to securities laws. Under the Howey Test, a transaction is considered an investment contract if it involves an investment of money in a common enterprise, with the expectation of profit derived primarily from the efforts of others. This test has become a cornerstone in U.S. securities law, particularly in evaluating various investment schemes, including more modern applications like ICOs (Initial Coin Offerings) in the cryptocurrency market. Essentially, if an arrangement meets the criteria set forth in the Howey Test, it must comply with federal securities regulations, including registration and disclosure requirements. These requirements are expensive, expansive, and potentially onerous–especially for cryptocurrency exchanges that may not possess the requisite infrastructure and procedures to comply. Republican SEC commissioners Hester Peirce and Mark Uyeda disagreed with the decision to deny Coinbase's petition, emphasizing the need for open conversations with market participants. The SEC took action 17 months after Coinbase's initial request, which the exchange claimed was intentionally delayed to frustrate judicial review.Coinbase Challenges SEC Refusal to Issue Digital Asset Rules (2)Activision Blizzard Inc., a major video game company, has reached a settlement to resolve a workplace harassment lawsuit with the state of California. The company will pay nearly $55 million, with about $45.75 million dedicated to a settlement fund for compensating workers. This resolution comes after allegations that Activision allowed a 'frat boy culture', leading to unequal pay, sexual harassment, and retaliation against women.The lawsuit, involving both federal and state courts in California since 2021, was part of broader litigation that included the U.S. Equal Employment Opportunity Commission (EEOC). The comprehensive settlement and proposed consent decree will withdraw the state's claims and resolve all open regulatory investigations or complaints related to employee workplace conduct.Activision stated that neither courts nor independent investigations, including the CRD's (Civil Rights Department, formerly the Fair Employment and Housing Department) own investigation, substantiated claims of systemic or widespread sexual harassment at the company. Similarly, it was not proven that the company's Board or CEO acted improperly in handling workplace misconduct.Women who worked for Activision in California as employees or contract workers between October 12, 2015, and December 31, 2020, may be eligible for compensation. The state will also drop its appeal of a federal judge's decision preventing it from intervening in Activision's court-approved consent decree with the EEOC, where Activision agreed to pay $18 million to resolve similar allegations.Activision and the CRD have also agreed to address unproven claims of unequal compensation and promotion practices from 2015-2020. The company denies any inequities in pay or promotions. An independent consultant will be hired to evaluate and recommend changes to Activision Blizzard's compensation, promotion policies, and training materials. The legal representation in these cases includes Paul Hastings LLP for Activision and Outten & Golden LLP for the state, with EEOC counsel representing the agency. The cases are noted under specific court and appellate numbers, with the most recent actions taken on December 15, 2023.Activision, California in Pact to End Workplace Harassment Suit Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

On this day in legal history, November 29 marks a significant turning point during the Vietnam War era. In 1967, Robert S. McNamara, the U.S. Secretary of Defense, announced his resignation from the position to become president of the World Bank. This decision came amidst the escalating unpopularity of the Vietnam Conflict both in the United States and internationally.McNamara, who had a rapid ascent from being an automotive executive, had become one of the most powerful Defense Secretaries in American history. His tenure, starting in 1961 under Presidents John F. Kennedy and Lyndon B. Johnson, was marked by a strong managerial style and significant involvement in foreign affairs, particularly the Vietnam War. Initially, McNamara was a staunch supporter of U.S. involvement in the war and played a key role in advising President Johnson to escalate the conflict in 1964. However, as the war progressed, he began to privately question U.S. policy in Vietnam and eventually advocated for a negotiated settlement.In the summer of 1967, McNamara was instrumental in drafting the San Antonio formula, a peace proposal that sought to end U.S. bombing in North Vietnam and invited the North Vietnamese to engage in productive talks. However, this proposal was rejected by North Vietnam in October of the same year. Following this, in early November, McNamara submitted a memorandum to President Johnson, recommending that the U.S. freeze its troop levels, halt the bombing in the north, and shift the responsibility of the ground war to the South Vietnamese. These recommendations, however, were outright rejected by President Johnson.McNamara's resignation was a significant moment in the history of the Vietnam War. He had become a target for the ire of the U.S. anti-war movement due to his initial support for expanding the Vietnam War. His departure marked the end of his tenure as the longest-serving Secretary of Defense. He was succeeded by Johnson adviser Clark Clifford. McNamara's resignation highlighted the internal conflicts and changing views within the U.S. administration regarding the Vietnam War. It also underscored the increasing unpopularity and complexity of the conflict, which continued to shape U.S. foreign policy and legal considerations for years to come.Law firms are grappling with whether to inform clients about their use of generative artificial intelligence (AI) in legal work. While AI promises to enhance efficiency and speed, it raises questions about disclosure practices. Cleary Gottlieb Steen & Hamilton, for instance, hasn't decided on a firm policy but emphasizes full disclosure in any AI use. This issue has sparked debate within the legal community, with differing opinions on whether and how AI use should be communicated to clients.Former U.S. magistrate judge and New York State Bar Association AI task force member Ron Hedges questions the need for detailed disclosure of every AI research tool used but stresses the importance of transparency about data use and client awareness. Various state bar associations are also weighing in. The California Bar recently advised lawyers to consider AI disclosure, while the Florida Bar recommends obtaining informed consent for AI use that involves sharing confidential information.AI disclosure is expected to feature in engagement letters, with law firms likely to follow client preferences. Ultimately, the consensus is to adhere to client instructions regarding AI use, but proactive disclosure policies run the gamut.Law Firms Wrestle With How Much to Tell Clients About AI UseOn November 29, the U.S. Supreme Court is set to deliberate on the legality of the Securities and Exchange Commission's (SEC) in-house enforcement proceedings. This follows an appeal by President Biden's administration against a decision by the 5th U.S. Circuit Court of Appeals, which ruled in 2022 that the SEC's internal tribunal system violates the U.S. Constitution's Seventh Amendment right to a jury trial and infringes on presidential and congressional powers.The case centers on hedge fund manager George Jarkesy, who was fined and barred from the securities industry by the SEC for securities fraud. Critics argue that the SEC holds an unfair advantage in its administrative proceedings compared to federal court juries. The SEC conducted 270 in-house proceedings in the fiscal year ending September 30, exceeding the 231 cases in federal court.The Supreme Court's ruling could significantly impact enforcement actions against misconduct in various sectors, potentially hampering the SEC and other agencies. The court has previously expressed skepticism towards broad federal regulatory powers, including in a 2018 ruling on the SEC's selection of in-house judges and a 2021 decision facilitating challenges to agency actions in federal court.Jarkesy's challenge, backed by various conservative and business groups, reflects broader concerns about the regulatory reach of the federal "administrative state" in areas like energy, environment, and financial regulation. The SEC, after investigating Jarkesy and his firm Patriot28 LLC, found them guilty of several violations, including misrepresentation, and imposed significant financial penalties.The 5th Circuit's decision criticized the SEC's discretion in choosing case venues and found that job protections for its administrative judges infringe on presidential powers. The Supreme Court's ruling, expected by the end of June, could also influence upcoming decisions on the constitutional conformity of the Consumer Financial Protection Bureau's funding structure and federal agencies' regulatory actions defense in court.US Supreme Court weighs legality of SEC in-house enforcementAdobe is set to defend its proposed $20 billion acquisition of Figma at a closed hearing on December 8, addressing EU antitrust concerns. The European Commission has previously warned that this acquisition could reduce competition in the global market for interactive product design software, where Figma is a significant player. The Commission is concerned that the deal might reinforce Adobe's dominance in vector and raster editing tools, eliminating Figma as a competitor. During the hearing, Adobe will have the opportunity to present its case to senior Commission officials, national antitrust watchdogs, as well as rivals and third parties. Adobe has expressed willingness to propose remedies to address regulatory issues. The EU antitrust enforcer is expected to make a decision on the deal by February 5. Additionally, the acquisition has raised concerns in Britain, with its competition agency indicating that the deal could negatively impact innovation in software used by the majority of UK digital designers.Adobe to defend Figma deal at Dec. 8 EU hearing, sources sayMeta Platforms, the owner of WhatsApp, Instagram, and Facebook, plans to appeal a U.S. judge's ruling in its ongoing privacy dispute with the Federal Trade Commission (FTC). Judge Timothy Kelly of the U.S. District Court for the District of Columbia denied Meta's motion for the court to oversee the dispute, leading Meta to file an appeal to the U.S. Court of Appeals for the District of Columbia. The core of the dispute is whether an FTC judge or a district judge should decide on potentially tightening a 2019 consent decree, which primarily affects Meta's earnings from users under 18. This legal battle began when the FTC proposed modifying the 2019 settlement, under which Facebook (now Meta) had to pay $5 billion. The FTC aims to restrict Meta from profiting from data collected on users under 18 and impose broader limitations on its use of facial recognition technology. The FTC also accused Meta of misleading parents about the controls in its Messenger Kids app. Additionally, the FTC has sought to force Meta to divest Instagram and WhatsApp in a separate legal action.Meta says it will appeal US judge's ruling in privacy fight with FTC | ReutersThe evolving U.S. energy policy, particularly with the focus on clean energy and infrastructure, is significantly increasing the demand for legal advisors experienced in these fields. This demand has led to notable partner hires among major law firms. The clean energy infrastructure legal market is rapidly expanding as governments and corporations prioritize sustainable energy solutions. This growth is driven by new regulations, incentives, and public demand for environmentally friendly energy sources, creating a plethora of opportunities for legal professionals specializing in this sector. Tax attorneys, contract lawyers, and regulatory specialists are increasingly sought after to navigate the complex legal landscape surrounding clean energy projects and investments.US clean energy push keeps deal lawyers in demand | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

ARK Invest, under the leadership of Cathie Wood, has filed a revised version of its Bitcoin spot ETF with the SEC, suggesting preparation for SEC approval, according to a Bloomberg analyst. This development, while initially surprising, is viewed positively as a sign of dedication in bringing the proposal in line with the Securities and Exchange Commission's (SEC) regulatory expectations. Guest: Mark Moss, Investor/Strategist/MarketerMark Moss website ➜ http://bit.ly/markmosssiteMark Moss Youtube channel ➜ http://bit.ly/MarkMyoutube00:00 Intro00:34 Macro Update07:39 Bitcoin ETF Impact11:11 What if ETF gets rejected?13:18 Ethereum ETF15:31 Web 3 tech adoption19:11 Second Bitcoin President22:02 Tokenized Assets24:33 Lightning Network27:06 Bitcoin halving cycles29:32 Outro#Bitcoin #Ethereum #Crypto~Bitcoin ETF Early Approval? w/ Mark Moss~⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺Become a Diamond Circle Member FREE! ➜ https://bit.ly/PBDiamondCircleSubscribe on YouTube ✅ https://bit.ly/PBNYoutubeSubscribeFacebook

The world of finance and cybersecurity has entered a new chapter with the U.S. Securities and Exchange Commission's (SEC) recent final rule on cybersecurity disclosure. Effective September 5, 2023, this new regulation requires public companies to enhance transparency around cybersecurity risks and incidents. We will delve into the details of the final rule, discuss its impact on registrants, and explore how companies can turn this regulatory requirement into a strategic advantage. --- Support this podcast: https://podcasters.spotify.com/pod/show/cisolife/support

Ripple (XRP) emerges victorious as the US Securities and Exchange Commission's (SEC) appeal faces rejection. This ongoing legal tussle, initiated in 2021, centred around Ripple Labs' alleged offering of unregistered securities. Judge Analisa Torres' pivotal ruling, distinguishing XRP as a security solely for institutional investors, remains upheld. Consequently, Ripple's value soared by 5%. Meanwhile, Bitcoin's recent gains wane, with its price hovering around $27,400. Ethereum also charts a declining trajectory. Amidst these market shifts, Solana cements its position as a top-performing altcoin, while Binance's BNB token witnesses a weekly drop. Globally, the cryptocurrency market cap stands at an impressive £1.08 trillion, with Bitcoin's dominance unwavering at 50.4%. As the crypto arena buzzes with activity, all eyes remain on the market's next move. #ProactiveInvestors #ripple #SECvsRipple #CryptoNews #Bitcoin #Ethereum #Solana #BNB #CryptoMarketupdates #BitcoinDominance #CryptoShifts #invest #investing #investment #investor #stockmarket #stocks #stock #stockmarketnews

Ethereum is fast approaching a very particular flippening. The raw number of ETH staked inside the Ethereum blockchain is set to surpass the ether kept on crypto exchanges for the first time ever some time over the next few weeks. Meanwhile, The U.S. Securities and Exchange Commission's (SEC) approval of 2x Bitcoin Strategy ETF, also called BITX, paves way for the Volatility Shares ETF launch on Tuesday, June 27, 2023.~This episode is sponsored by iTrust Capital~iTrustCapital | Get $100 Funding Reward + No Monthly Fees when you sign up using our custom link! ➜ https://bit.ly/iTrustPaul

Overnighters,   Episode 553:4r Fake Trezor Wallets Crypto: Gamble or Investment? Hinsman Speech Unsealed And More Collect this Cover at:  https://awrd.gg/4826 The TL;DL -  Fake Trezor Wallets-In light of the increasing popularity of hardware cryptocurrency wallets, a recent podcast episode discusses the importance of using authentic devices, as emphasized by Russian cybersecurity firm Kaspersky. The episode delves into an incident reported by Kaspersky's Stanislav Golovanov, where scammers used a counterfeit wallet, mimicking the Trezor Model T, to steal Bitcoin from unsuspecting users. The podcast underscores the necessity of purchasing hardware wallets directly from official vendors to avoid such fraudulent activities, and highlights the efforts of companies like Trezor in implementing security measures and providing user guides to authenticate their wallets. Crypto: A Gamble or Investment?-In the latest development in the UK's crypto regulation saga, the Treasury Committee has likened investing in digital assets such as Bitcoin to gambling, suggesting it should be regulated as such. Despite this, the government maintains its stance to regulate cryptocurrencies as financial services, with a new bill under review in Parliament aiming to supervise crypto as regulated financial activities. The debate has sparked controversy, with crypto advocates arguing for a comprehensive regulatory framework that acknowledges the changing financial landscape, while the Treasury Committee warns of the risks and volatility associated with digital assets. Hinman Speech Unsealed-In a significant development for the Ripple and crypto community, the U.S. District Court has denied the Securities and Exchange Commission's (SEC) motion to seal internal records related to a speech by ex-director William Hinman. The court ruled that these documents, which could potentially impact the court's decision on a motion, are considered "judicial documents" and should be publicly accessible. This decision is a part of Ripple's ongoing legal battle against the SEC, which claims that Ripple's XRP sales violated U.S. securities laws, a contention that Ripple disputes using Hinman's speech as crucial evidence. Senate Grills Bank Exec-In a recent Senate Banking Committee hearing, Scott Shay, former executive of Signature Bank, faced criticism for seemingly blaming the bank's failure on cryptocurrency while allegedly profiting from bonuses and stock options. Senator Cynthia Lummis and Senator Elizabeth Warren rebuked Shay, accusing him of deflecting blame and benefiting from the bank's collapse. The hearing also highlighted a proposed bipartisan bill aimed at recovering excessive CEO salaries to prevent rewarding risky behavior, amidst ongoing debates about the role of digital assets in banking failures. China's Prosecutors Raise Alarm on NFTs-In a recent article, the Supreme People's Procuratorate of China voiced concerns about the nonfungible token (NFT) market, particularly the practice of "securitization" and the inflation of prices. The authors suggest that these issues stem from a lack of artistic value and a reasonable pricing mechanism, and warn that certain marketing models could potentially evolve into illegal pyramid schemes. To mitigate these risks, the agency proposes a crackdown on criminal activities, increased investment in risk research, and a heightened awareness of laws, with national prosecutors playing a key role in distinguishing genuine innovation from deceptive practices. (5/17/2023)-Welcome back to the Crypto Overnighter. My name is Nikodemus, I'll be your host as we take a nightly look at the crypto, NFT, and metaverse space and the industry surrounding it. And keep in mind, nothing in this show should ever be considered financial advice.  Email: nick@cryptoovernighter.com Salem Friends of Felines: https://sfof.org/ Twitter: https://twitter.com/CryptoCorvus1 Patreon: https://www.patreon.com/user?u=67416221

Please join Troutman Pepper Partners Chris Willis and Kim Phan for an in-depth discussion about the Securities and Exchange Commission's (SEC's) recent record retention enforcement actions. Chris and Kim explore the uptick in enforcement actions over the last year, the claims made in these cases, the SEC-imposed requirements and penalties on these companies, what we can expect going forward from the financial services regulators, and what financial institutions should do now to get ahead of these types of enforcement actions.Privacy + Cyber Partner Kim Phan focuses her practice on providing guidance to clients on regulatory compliance matters, including supervisory and enforcement interactions with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and other federal regulatory agencies, including the SEC. She has successfully represented multiple national companies through the FTC investigatory process, resulting in "no-action" letters. She has counseled a national consumer reporting agency through its CFPB compliance obligations, including conducting risk assessments of consumer products and services, updating policies and procedures, and establishing an audit process to assess compliance with federal consumer financial laws. Kim also has advised clients through state attorneys general and departments of consumer protection investigations.

The most valuable crypto stories for Wednesday, Feb. 15, 2023. The hosts of "The Hash" weigh in as Interactive Brokers (IBKR) begins offering cryptocurrency trading to professional investors in Hong Kong. The region's Securities and Futures Commission (SFC) will reportedly allow retail trading in a select group of cryptocurrencies. El Salvador is discussing opening a "bitcoin embassy" in Texas. Warner Music Group's former CEO, Stephen Cooper, is joining the board of directors at Web3 firm OneOf. Plus, an update on The U.S. Securities and Exchange Commission's (SEC) proposed rule that would effectively require registered investment advisers to go outside the crypto industry to store digital assets.See also: ​​Interactive Brokers Rolls Out BTC, ETH Trading to Professional Investors in Hong KongEl Salvador Plans to Open 'Bitcoin Embassy' in TexasFormer Warner Music CEO Joins Web3 Company OneOf's BoardSEC Proposal Could Bar Investment Advisers From Keeping Assets at Crypto Firms-This episode has been edited by Michele Musso. Our executive producer is Jared Schwartz. Our theme song is “Neon Beach.”See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This week, we discuss how the Speak Out Act pays homage to the fifth anniversary of the #MeToo movement, outline the enhanced implications of the California Privacy Rights Act, and note the record-breaking numbers set by the Securities and Exchange Commission's (SEC's) whistleblower program. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw282 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/. Visit http://www.EmploymentLawThisWeek.com. The EMPLOYMENT LAW THIS WEEK® and DIAGNOSING HEALTH CARE podcasts are presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week Chrissy Wozniak discusses a new proposed rule by the SEC, with Mary-Thomas Hart, the Chief Counsel, Government Affairs at National Cattlemen's Beef Association.The National Cattlemen's Beef Association (NCBA) reiterated the need for a limited version of the Securities and Exchange Commission's (SEC) greenhouse gas disclosure rule following SEC Chairman Gary Gensler's testimony before the U.S. Senate Committee on Banking.  The SEC's greenhouse gas disclosure rule, proposed earlier this year, would require publicly traded companies to disclose their direct (scope 1), indirect/energy use (scope 2), and supply chain (scope 3) greenhouse gas emissions. The requirement to include scope 3 emissions would place a disproportionate burden on cattle producers whose beef is part of the supply chain for publicly traded restaurants and retailers. Additionally, the rule exposes individual producers to additional levels of legal liability.NCBA previously submitted technical comments on the rule and individual cattle producers sent over 7,406 emails to SEC commissioners and members of Congress expressing concern with rule. NCBA has encouraged the SEC to remove the requirement to disclose scope 3 emissions, which would lessen the burden on cattle producers.The National Cattlemen's Beef Association (NCBA) has represented America's cattle producers since 1898, preserving the heritage and strength of the industry through education and public policy.  As the largest association of cattle producers, NCBA works to create new markets and increase demand for beef.  Efforts are made possible through membership contributions. To join, contact NCBA at 1-866-BEEF-USA or membership@beef.org.For more policy related information visit policy.ncba.orgThe American Royal is a non-profit organization based in Kansas City since 1899. They provide opportunities for youth & adults from around the country to compete in Livestock Show, ProRodeo & Horse Shows. Also known for the World Series of Barbecue®, which is their largest fundraiser. Events including the barbecue allow them to give over $1 million annually for youth scholarships & support agriculture education programs. https://agr.fyi/amerThe Women in Agribusiness (WIA) Summit annually convenes over 800 of the country's female agribusiness decision-makers. The 2022 WIA Summit, September 26-28 in Dallas, TX includes presentations from Cargill's Corporate Senior Vice President, Animal Health & Nutrition, Ruth Kimmelshue; Marco Orioli, VP of Global Grain & Processing for EMEA, CHS; and Brooke Appleton of the NCGA. Learn more at https://agr.fyi/wia_register. FIRA USA 18-20 OCT. 2022 (FRESNO-CA): The only 3-day event dedicated to the California and North America market for autonomous agriculture and agricultural robotics solutions.Learn More at https://agr.fyi/fira

In this episode, host Megan Berge, with partners Anne Carpenter and Alexandra Dunn, explores the intersection of three key movements affecting companies, their boardrooms, their employees, and customers: Environmental Justice (EJ), Environment, Social, Governance (ESG), and the Securities and Exchange Commission's (SEC's) focus on climate disclosure. Their timely discussion touches developing measurable sustainability goals, integrating ESG and other equity considerations, and  leveraging existing sources of data and information. Baker Botts EJ and ESG resources can be found at: https://www.bakerbotts.com/services/practice-areas/environmental-social-governance-esg/environmental-justice https://www.bakerbotts.com/services/practice-areas/environmental-social-governance-esg   Information on the SEC's Climate Disclosure Proposal can be found at: https://www.bakerbotts.com/thought-leadership/publications/2022/march/sec-proposes-historic-sweeping-disclosures-of-climate-related-risks Listen to Our Podcast on the SEC Climate Disclosure Proposal: https://www.bakerbotts.com/thought-leadership/publications/2022/march/environmental-evolutions-fast-facts-on-the-secs-proposed-climate-disclosure-regulations

Marisa Tashman, policy counsel at Blockchain Association, analyzes the US Securities and Exchange Commission's (SEC) decision to name nine tokens as securities and investigate whether Coinbase lists securities. Show highlights:  why the SEC named tokens as securities in an insider trading case where no exchanges or token teams are listed as defendants  what happens if the Coinbase insider trading case is settled or goes to court why the SEC's actions should be considered “regulation by enforcement”  whether there is any process to force the SEC to reveal its reasoning for calling a token a security why Marisa thinks the SEC is actively harming US investors with its crypto policy how Coinbase is handling the SEC's investigation what Marisa thinks of Coinbase's listing process why the Cynthia Lummis-led crypto regulatory framework is a good start what Marisa believes will happen in the crypto regulatory landscape in the near future Thank you to our sponsors! 1inch: https://1inch.io/ Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021    Episode Links   Marisa Tashman https://twitter.com/mtash   Blockchain Association https://theblockchainassociation.org/    Coinbase SEC investigation into listing unregistered tokens: https://www.bloomberg.com/news/articles/2022-07-26/coinbase-faces-sec-investigation-over-cryptocurrency-listings SEC insider trading case: https://www.sec.gov/news/press-release/2022-127 Coinbase does not list securities blog post: https://blog.coinbase.com/coinbase-does-not-list-securities-end-of-story-e58dc873be79  Coinbase petition: https://www.sec.gov/rules/petitions/2022/petn4-789.pdf    SEC Regulation by Enforcement Response CFTC Commissioner: ​​https://twitter.com/CarolineDPham/status/1550159347984044033 Lindsay Lin: https://twitter.com/lindsayxlin/status/1552320370019106822?s=21&t=4OaAjw3r8NlH23ppWiVK1w  Jake Chervinsky: https://twitter.com/jchervinsky/status/1550515627961589762?s=20&t=gGwDPAJzZXSu6Gwc9agDOg  Hester Peirce: https://www.coindesk.com/policy/2022/05/03/hester-peirce-pushes-back-against-secs-plans-to-nearly-double-crypto-enforcement-staff/  Matt Levine: https://twitter.com/matt_levine/status/1550202036570017792?s=20&t=e1g8U-V4K_ixd1vJoRc9gA  Chair Gary Gensler wanting crypto exchanges to register as securities exchanges: https://www.bloomberg.com/news/articles/2022-07-28/sec-chair-gensler-hardens-line-on-crypto-exchange-registration?sref=m9L277rN https://twitter.com/garygensler/status/1552700562533236739?s=21&t=mNENJd2qeQYkeFFdZqWUPA   Gillibrand x Lummis Crypto Regulatory Framework https://www.gillibrand.senate.gov/news/press/release/-lummis-gillibrand-introduce-landmark-legislation-to-create-regulatory-framework-for-digital-assets 

Marisa Tashman, policy counsel at Blockchain Association, analyzes the US Securities and Exchange Commission's (SEC) decision to name nine tokens as securities and investigate whether Coinbase lists securities. Show highlights:  why the SEC named tokens as securities in an insider trading case where no exchanges or token teams are listed as defendants  what happens if the Coinbase insider trading case is settled or goes to court why the SEC's actions should be considered “regulation by enforcement”  whether there is any process to force the SEC to reveal its reasoning for calling a token a security why Marisa thinks the SEC is actively harming US investors with its crypto policy how Coinbase is handling the SEC's investigation what Marisa thinks of Coinbase's listing process why the Cynthia Lummis-led crypto regulatory framework is a good start what Marisa believes will happen in the crypto regulatory landscape in the near future Thank you to our sponsors! 1inch: https://1inch.io/ Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021    Episode Links   Marisa Tashman https://twitter.com/mtash   Blockchain Association https://theblockchainassociation.org/    Coinbase SEC investigation into listing unregistered tokens: https://www.bloomberg.com/news/articles/2022-07-26/coinbase-faces-sec-investigation-over-cryptocurrency-listings SEC insider trading case: https://www.sec.gov/news/press-release/2022-127 Coinbase does not list securities blog post: https://blog.coinbase.com/coinbase-does-not-list-securities-end-of-story-e58dc873be79  Coinbase petition: https://www.sec.gov/rules/petitions/2022/petn4-789.pdf    SEC Regulation by Enforcement Response CFTC Commissioner: ​​https://twitter.com/CarolineDPham/status/1550159347984044033 Lindsay Lin: https://twitter.com/lindsayxlin/status/1552320370019106822?s=21&t=4OaAjw3r8NlH23ppWiVK1w  Jake Chervinsky: https://twitter.com/jchervinsky/status/1550515627961589762?s=20&t=gGwDPAJzZXSu6Gwc9agDOg  Hester Peirce: https://www.coindesk.com/policy/2022/05/03/hester-peirce-pushes-back-against-secs-plans-to-nearly-double-crypto-enforcement-staff/  Matt Levine: https://twitter.com/matt_levine/status/1550202036570017792?s=20&t=e1g8U-V4K_ixd1vJoRc9gA  Chair Gary Gensler wanting crypto exchanges to register as securities exchanges: https://www.bloomberg.com/news/articles/2022-07-28/sec-chair-gensler-hardens-line-on-crypto-exchange-registration?sref=m9L277rN https://twitter.com/garygensler/status/1552700562533236739?s=21&t=mNENJd2qeQYkeFFdZqWUPA   Gillibrand x Lummis Crypto Regulatory Framework https://www.gillibrand.senate.gov/news/press/release/-lummis-gillibrand-introduce-landmark-legislation-to-create-regulatory-framework-for-digital-assets 

NCBA's Environmental Counsel Mary-Thomas Hart joins the podcast to discuss the Security and Exchange Commission's (SEC) greenhouse gas emissions reporting rule that would require publicly traded companies to disclose their Scope 1 (direct), Scope 2 (energy use), and Scope 3 (supply chain) emissions. As part of this rule, farmers and ranchers who sell to publicly traded companies would be responsible for collecting and reporting emissions to the company. While emissions calculation would likely be inaccurate at best, it would also place unreasonable and undue legal risk on individual producers. Each day, cattle producers make positive strides toward environmental stewardship, and this rule would create unnecessary red tape and legal liability that could threaten the viability of those family-owned businesses. Tune in to hear Hart discuss how NCBA is pushing back on this rule and how producers can share their opposition with decision makers in Washington, DC. To join the grassroots campaign, visit policy.ncba.org.

New data (and speculation) about the U.S. Securities and Exchange Commission's (SEC) lawsuit with Ripple suggests we might be nearing a settlement a bit sooner than the end of the year. Meanwhile, that hasn't slowed XRP from developing on it's blockchain. Allbridge has successfully integrated support for XRP Ledger (XRPL). XRPL is now linked with a number of EVM and non-EVM compatible chains, including Solana, Terra, NEAR Protocol, BNB Chain, Fantom, and more chains supported by Allbridge. Leveraging the XRPL's native decentralized exchange (DEX) will also allow for the trading of leading stablecoins and DeFi tokens directly on XRP Ledger. ~This episode is sponsored by iTrust Capital~iTrustCapital | Get $100 Funding Reward + No Monthly Fees when you sign up using our custom link! ➜ https://bit.ly/iTrustPaul#XRP #Ripple #Crypto~Ripple vs SEC Settlement Sooner Than Expected? | XRP Cross-Chain Integration~⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺⎺Become a Diamond Circle Member FREE! ➜ https://bit.ly/PBDiamondCircleSubscribe on YouTube ✅ https://bit.ly/PBNYoutubeSubscribeFacebook

The much-anticipated executive order from U.S. President Biden's administration outlining an approach to crypto regulation arrived this month. As Tyrone Ross puts it, the order is “all bark and no bite,” and a promising step forward for increased regulatory clarity without excessive restrictions.On this episode of “On Purpose,” Ross dives into a regulatory-themed update for those in the wealth management industry. Ranging from Biden's crypto executive order to the Securities and Exchange Commission's (SEC) recent comments on the custody rule, Ross explains what is changing and how it will affect advisers.Ross sorts through the nuances within the executive order's outlined approach to regulating digital assets, highlighting the most important takeaways for advisers. Ross also recaps comments from the Department of Labor about crypto in retirement accounts. Lastly, Ross explores the SEC's most recent discussion on custody rules and how it would change crypto advising.This show is produced, announced and edited by Michele Musso with additional production support from Eleanor Pahl. Our theme song is “Walk With Swag.”See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The much-anticipated executive order from U.S. President Biden's administration outlining an approach to crypto regulation arrived this month. As Tyrone Ross puts it, the order is “all bark and no bite,” and a promising step forward for increased regulatory clarity without excessive restrictions.On this episode of “On Purpose,” Ross dives into a regulatory-themed update for those in the wealth management industry. Ranging from Biden's crypto executive order to the Securities and Exchange Commission's (SEC) recent comments on the custody rule, Ross explains what is changing and how it will affect advisers.Ross sorts through the nuances within the executive order's outlined approach to regulating digital assets, highlighting the most important takeaways for advisers. Ross also recaps comments from the Department of Labor about crypto in retirement accounts. Lastly, Ross explores the SEC's most recent discussion on custody rules and how it would change crypto advising.This show is produced, announced and edited by Michele Musso with additional production support from Eleanor Pahl. Our theme song is “Walk With Swag.”See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

* Use coupon code PODCAST25 for 25% off this webcast * Webcast URL: https://www.theknowledgegroup.org/webcasts/the-new-ceo-pay-ratio-rule/ Join us for this Knowledge Group Online CLE Pay Ratio Webinar. The first of many CEO pay-ratio proxy disclosures has begun. The requirement was created by the Securities and Exchange Commission's (SEC's) rule which became effective on January 1, 2017. Creating a dilemma for compensation committees, the rule aims to measure the pay ratio between the CEO and the median employee pay of a publicly traded company. Our panel of key thought leaders and practitioners will discuss recent developments regarding the new CEO Pay Ratio Rule. They will offer a discussion of the current updates regarding businesses' compliance with the CEO Pay Ratio Disclosure Rule in light of the initial disclosures. For anymore information please click on the webcast url at the top of this description.