Regulating Financial Innovation: FinTech, Crypto-assets, DeFi, and Beyond
This Article builds a systematic framework for regulating FinTech-driven innovations. It also clarifies and simplifies the confusing terminology.
The Business Lawyer | Summer 2024
Volume 79, Issue 3
Articles
Standing and Snitches
This article assesses the difficulties of challenging the SEC's purported preemption of state privilege rules.
Reports
Final Report on the Work of the Task Force on Securities Holding Infrastructure: Part Two
Overview of intermediated securities holding system in the United States, which involves holding through securities accounts with intermediaries (broker-dealers and banks), including operations, tran…
Changes in the Model Business Corporation Act--Proposed Amendments Relating to Appraisal Rights (Sections 1.40 and 6.40 and Chapter 13)
Report shows the proposed amendments relating to Appraisal Rights (Sections 1.40 and 6.40 and Chapter 13).
Changes in the Model Business Corporation Act—Amendments to Section 2.02 Relating to Officer Exculpation
This is a one page report that states the amendments were passed to the Model Business Corporation Act Amendments to Section 2.02 Relating to Officer Exculpation.
PEB Commentary No. 26: Indication of Collateral in a Financing Statement
Under Section 9-502(a)(3), a financing statement is sufficient only if, among other things, it “indicates the collateral covered by the financing statement.”
PEB Commentary No. 27: Injunction Against a Noncomplying Disposition Under Section 9-610 of the Uniform Commercial Code
Article 9 of the Uniform Commercial Code (the “UCC”) provides several statutory rights to a secured party if the debtor defaults on obligations secured by a security interest.
Survey—Mergers & Acquisitions
Annual Survey of Judicial Developments Pertaining to Mergers and Acquisitions
The Annual Survey Working Group reports annually on judicial decisions that we believe are of the greatest significance to mergers and acquisitions (“M&A”) practitioners.
Survey—Federal Regulation of Securities
Annual Review of Federal Securities Regulation
The Review is a survey of significant developments in federal securities laws and regulations, as well as developments relating to accounting pronouncements and securities litigation matters, in 2023…
Regulatory Developments 2023
This section covers federal securities regulation. The topics include: shortening the securities transaction settlement cycle, extending form 144 EDGAR filing hours, and share repurchase disclosure m…
Accounting Developments 2023
In 2023, the Financial Accounting Standards Board (the “FASB”) issued nine Accounting Standards Updates (“ASUs”) to its Accounting Standards Codification (“ASC” or the “Codification”) compared with…
Caselaw Developments 2023
Summary and light analysis of Supreme Court and federal Court of Appeals cases from 2023 addressing securities law issues.