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Securities

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Securities

FEDERAL PREEMPTION—6th Cir.: Kalshi challenges ruling that sports contracts aren’t swaps

October 14, 2026 | By Anne Sherry, J.D.

The appellate panel split from other circuits in holding that the contracts are not swaps under the CFTC’s exclusive jurisdiction. Kalshi is asking the Sixth Circuit to rehear a case involving state oversight of sports-related event contracts. A pane...

FEDERAL PREEMPTION—6th Cir.: Kalshi challenges ruling that sports contracts aren’t swaps
Organizations Mentioned:Latch, Inc.
FRAUD AND MANIPULATION—S.D. Fla.: Former CEO and CFO of Spirit Airlines ask court to dismiss complaint
October 14, 2026
R. Jason Howard, J.D.

The defendants argued that the second amended complaint barely even attempts to address the court’s dismissal order. The former CEO and CFO of Spirit Airlines have filed a motion to dismiss a second amended complaint brought by plaintiffs who purchas...

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FRAUD AND MANIPULATION—SEC levies $1M fine for fraudulent revenue reporting
October 14, 2026
John Filar Atwood

The company misstated its revenue in multiple public filings, and failed to maintain internal controls to detect side agreements made by its sales team. A Missouri-based company has agreed, without admitting the allegations, to pay a $1 million civil...

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NASAA NEWS AND SPEECHES—New NASAA prez prioritizes preemption, investor protection
October 14, 2026
Rodney F. Tonkovic, J.D.

New NASAA president highlights investor protection, member education, technology initiatives, and preserving state regulatory authority among her priorities. The North America Securities Administrators Association (NASAA) announced the presidency of ...

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Securities

EXCHANGES AND MARKET REGULATION—CFTC: sportsbook wagers are not ‘swaps‘ but sports-related event contracts are

October 13, 2026 | By Lene Powell, J.D.

The pair of rulemakings address the ongoing debate regarding the jurisdiction of the CFTC versus states over event contracts and prediction markets. The CFTC undertook two rulemakings to clarify what types of prediction market products are “swaps” un...

EXCHANGES AND MARKET REGULATION—CFTC: sportsbook wagers are not ‘swaps‘ but sports-related event contracts are
Law Firms Mentioned:Law Office of Heath Hyde
Organizations Mentioned:Aspen Neuroscience, Inc. | Bambusa Therapeutics, Inc. | Celsius Network LLC | Centinel Spine Holdco, Inc. | DayOne Data Centers Ltd. | Lycia Therapeutics, Inc. | OPay Ltd. | Patriot Mobile Inc. | Pine Tree Acquisition Corp. | Retension Pharmaceuticals, Inc. | Simwon America Corp. | TMTE Inc. | TRex Bio, Inc. | Tang Capital Acquisition Corp. | vVARDIS Holding AG
BROKER-DEALERS—NASAA proposes aligning policy statement with Regulation Best Interest
October 13, 2026
Anne Sherry, J.D.

The proposed amendments to NASAA’s Investment Company Shares SOP will not alter any existing requirements but add language that was added last year to the model Business Practices Rule. NASAA is seeking public comment on proposed amendments to its po...

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ENFORCEMENT—N.D. Tex.: Court backs CFTC authority ruling, pauses TMTE case
October 13, 2026
Suzanne Cosgrove

The judge found the appeal-certification request untimely and stayed the civil enforcement action pending a parallel criminal trial, without affecting the receivership. A Texas federal district court denied a bid to reconsider its conclusion that Dod...

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ENFORCEMENT—New York AG announces Celsius deal: up to $35 million, permanent ban
October 13, 2026
Patricia K. Ruiz, J.D.

A $25 million damages provision could be satisfied through a $10 million DOJ payment, while a separate $10 million judgment turns on Mashinsky’s prison sentence. New York Attorney General Letitia James announced an agreement with Alex Mashinsky, co-f...

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ENFORCEMENT—FTC, states move for contempt against Shkreli for violating ban
October 13, 2026
Peter Reap, J.D., LL.M.

Shkreli, who gained notoriety as the “Pharma Bro” for his involvement with companies that sharply increased the prices of drugs, is flagrantly violating his pharmaceutical industry ban, the government contends. The FTC announced that it and seven sta...

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FRAUD AND MANIPULATION—N.D. Cal.: SEC charges former Linqto execs with pre-IPO fraud
October 13, 2026
Rodney F. Tonkovic, J.D.

The Commission alleges that former executives used opaque private-market pricing and artificial scarcity to foment investor demand. The SEC has charged former top executives of Linqto, Inc. with deceiving investors who used the company's online platf...

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IPO TRACKER—Healthcare industry sees two IPOs, five new registrations
October 13, 2026
John Filar Atwood

A snapshot of the week’s IPO activity, including completed deals, new preliminary filings and IPO withdrawals. The healthcare sector drove IPO activity last week with two of the three completed deals, and five new preliminary registrations. The numbe...

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LAW FIRM PERSPECTIVES—Does The SEC Use Emails And Text Messages To Prove Insider Trading?
October 13, 2026
David Chase

Yes, the Securities and Exchange Commission often relies on electronic communications, like emails, text messages and social media chats to prove insider trading . In fact, such communications can prove to be critical evidence in establishing some or...

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Securities

COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and gaming oversight

October 9, 2026 | By Mark S. Nelson, J.D.

Former Sen. Dodd and former CFTC Chair Gary Gensler argued that the Dodd-Frank Act did not create a secret pathway to exclusive federal oversight of gaming. Former U.S. Senator Christopher J. Dodd and former SEC and CFTC Chair Gary Gensler filed sepa...

COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and gaming oversight
Law Firms Mentioned:Kostelanetz LLP | Zuckerman Spaeder LLP
Organizations Mentioned:Caris Investment Partners, Inc. | KalshiEX, LLC
VITAL BRIEFING—Imports surge as trade deficit widens
October 9, 2026
Brad Rosen, J.D.

The U.S. Census Bureau reported that import-export data for August showed the trade deficit in goods and services growing to $105.6 billion for the month, $12.7 billion higher than the $92.8 billion reported in July. In this edition of Tariff Insight...

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INVESTMENT COMPANIES—SEC proposes to expand cross-trading rule for registered funds and affiliates
October 9, 2026
John Filar Atwood

The amendments would restore the ability to cross trade most fixed-income securities, which is currently restricted under 2020’s fund valuation rule. The SEC has proposed to expand the group of securities eligible to be cross-traded by registered fun...

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FRAUD AND MANIPULATION—D.D.C.: Defendant fakes C.P.A. credentials
October 9, 2026
Jay Fishman, J.D.

He provided an issuer with a fraudulent engagement letter and fabricated audited report and obtained $2,500 in audit fees. The SEC filed a fraud complaint in the District of Columbia’s District Court against a citizen of India for misrepresenting to ...

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ENFORCEMENT—S.D. Cal.: SEC charges Encinitas advisory firm and owner in alleged ‘cherry-picking‘ scheme
October 9, 2026
Kristin J. Angelino, J.D.

Defendants were also charged with making related false statements to current and prospective clients. The SEC filed charges in the Southern District of California against Darren J. Caris and his investment advisory firm, Caris Investment Partners, In...

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WORTH NOTING—Other litigation, regulatory activity and industry news
October 9, 2026
WK Editorial Staff

A weekly roundup of items of interest to the securities, derivatives and corporate governance communities. EXCHANGES AND MARKET REGULATION—CME Group said it will launch the world's first baseball futures on October 12, pending regulatory review. The ...

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Securities

PROXIES—SEC warns shareholder interest groups and asset managers about beneficial ownership implications of certain forms of advocacy

October 8, 2026 | By Mark S. Nelson, J.D.

The report made no specific findings of wrongdoing but strongly suggested that advocacy around proxy votes could, among other things, result in loss of Schedule 13G status. The SEC’s Divisions of Enforcement and Corporation Finance issued an Exchange...

PROXIES—SEC warns shareholder interest groups and asset managers about beneficial ownership implications of certain forms of advocacy
Law Firms Mentioned:Bernstein Litowitz Berger & Grossmann LLP | Gibson, Dunn & Crutcher LLP [#1, #2] | Milbank LLP | Scott+Scott Attorneys At Law LLP | Siverson Law Firm PLLC
Organizations Mentioned:BlackRock, Inc. | Boeing Co. | Ceres | Climate Action 100+ | Engine No. 1 | ExxonMobil Corporation | KalshiEX, LLC | Robinhood Markets, Inc. | State Street Corporation | The Vanguard Group
FEDERAL PREEMPTION—U.S.: Forty jurisdictions band together in support of states’ power to regulate gambling
October 8, 2026
Rebecca E. Hoffman, J.D.

The brief asks the high court to grant New Jersey’s certiorari petition so it can resolve the chaos and confusion that has grown out of numerous states’ disputes with prediction markets. In a Supreme Court amicus brief, 39 states and the District of ...

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FRAUD AND MANIPULATION—7th Cir.: Chamber urges reversal of class certification in Boeing 737 Max lawsuit
October 8, 2026
John Filar Atwood

The Chamber and two other amici believe that the plaintiff did not show, with evidence, how it will measure the artificial inflation in Boeing’s stock price over the class period in a manner consistent with its theory of liability. In an amicus brief...

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FRAUD AND MANIPULATION—M.D. Fla.: Default judgment and consent orders for digital assets and precious metals fraud
October 8, 2026
R. Jason Howard, J.D.

A CFTC investigation caused the defendants to walk back their profitability claims and work to eliminate the social media presence of the unincorporated entity used in the scheme. The CFTC has announced that the Middle District of Florida has entered...

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PUBLIC COMPANY REPORTING DISCLOSURE—U.S.: Solicitor General asks Supreme Court to take up Robinhood’s “misleading omission of financial information” case
October 8, 2026
Jay Fishman, J.D.

The amicus brief requests that the first question be presented but rewritten and that the second question be discarded. The Solicitor General for the U.S. Department of Justice filed an amicus brief to intervene in the Sodha v. Robinhood Markets case...

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Securities

FRAUD AND MANIPULATION—N.D. Ill.: Sprout Social will face fraud suit over ‘upmarket‘ shift

October 7, 2026 | By Rodney F. Tonkovic, J.D.

The company attempted to pursue corporate and enterprise customers using the same products and services offered to small businesses. The district court sitting in Chicago denied a motion to dismiss a securities fraud class action against Sprout Socia...

FRAUD AND MANIPULATION—N.D. Ill.: Sprout Social will face fraud suit over ‘upmarket‘ shift
Law Firms Mentioned:Cohen, Milstein, Sellers & Toll, LLP | Milbank LLP | Winston Taylor LLP
Organizations Mentioned:Employees' Retirement System of the City of Baltimore | KalshiEX LLC | Sprout Social, Inc.
CFTC NEWS AND SPEECHES—Commission issues no-action letter for DCMs converting perpetual futures
October 7, 2026
Suzanne Cosgrove

The letter was issued by the CFTC in response to a request from Coinbase Derivatives, LLC, a designated contract market. The CFTC’s Division of Market Oversight has issued no-action relief to designated contract markets seeking to convert their exist...

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FEDERAL PREEMPTION—7th Cir.: District court should’ve blocked Wisconsin from enforcing gambling laws, argues Kalshi as amicus
October 7, 2026
Rebecca E. Hoffman, J.D.

Only the CFTC can regulate Kalshi’s event contracts, including those related to sports, the brief emphasizes. The Eastern District of Wisconsin “profoundly erred” in denying the CFTC’s motion to enjoin the state’s enforcement of gambling laws, which ...

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FRAUD AND MANIPULATION—S.D.N.Y.: Former CIO of Western Asset consents to final judgment and pleads guilty
October 7, 2026
R. Jason Howard, J.D.

The guilty plea for obstructing justice carries a five-year maximum prison sentence. The former Chief Investment Officer of registered investment adviser Western Asset has consented to a final judgment in the SEC case against him and he plead guilty ...

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LAW FIRM PERSPECTIVES—Shadow AI and SEC Disclosure: What Your Public Company Needs To Know
October 7, 2026
Sridhar Alla & Cesar Reynoso

Key Takeaways: Unauthorized use of AI inside the enterprise can become a cybersecurity, disclosure, and governance event without a traditional cyberattack or operational disruption. Materiality remains fact-specific and may turn on qualitative consid...

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