Securities
The company may have known that a breach had already happened while it was still warning of risks. A fraud complaint against Coinbase identified two misleading statements but faltered on scienter and loss-causation grounds. While most of the challeng...

Securities
BLOCKCHAIN—Better Markets, ‘Shadow SEC’ comment against crypto assets proposal
Both letters suggest the SEC is obliging the crypto industry. Two comment letters urge the SEC to repropose or outright withdraw Regulation Crypto Assets, the proposed framework for non-security crypto assets subject to an investment contract. A grou...

Securities
ENFORCEMENT—U.S.: Cert petition asks Court to resolve post-Jarkesy split on issue exhaustion
Is the issue-exhaustion requirement satisfied if presenting the claim would be "clearly useless?" A respondent in a FINRA disciplinary action has asked the Supreme Court to weigh in on whether statutory issue-exhaustion requirements bar courts from h...

Securities
The defendants may opt for an initial trial on the issue of special committee members’ good faith. Cloudflare stockholders won a preliminary injunction against an allegedly unfair share reclassification. While conflicted transactions are protected by...

Securities
FRAUD AND MANIPULATION—Assignment of Boeing fraud claims cannot clear Blue Chip standing hurdle
More details about an assignation did not change the result. A district court dismissed with prejudice an action brought against The Boeing Company and its former CEO, holding that an assignee lacked standing to assert fraud claims. The court acknowl...
