Supreme Court Will Resolve Split Over Regulation S-K Item 303, SEC Rejects Another Proposed Bitcoin ETF Listing, and California Federal Court Grants SEC Preliminary Injunction in Connection with Fraudulent EB-5 Scheme

by Shudan Zhou and Jeanne Solomon

This week’s corporate law news roundup includes discussions of the Supreme Court’s grant of certiorari to resolve a circuit split over whether Regulation S-K Item 303 may give rise to a Section 10(b) securities fraud claim; the SEC’s rejection of a proposed bitcoin ETF listing for a second time in a one-month period; and a California federal court’s grant to the SEC of a preliminary injunction in connection with a fraudulent EB-5 scheme claim.

Continue reading

January 12, 2017 Corporate Law Developments: New California Labor Code Provision Requiring California Choice of Law and Venue in California Employment Contracts; New Department of Labor Fiduciary Rules for ERISA Financial Advisers; and a Delaware Court Decision Favorable to Delaware Limited Partnerships’ General Partners in the Merger Context

by Jeanne R. Solomon and Stacy Stecher

This week’s corporate law news roundup includes discussions of new California Labor Code Section 925 which requires California employers to use California for their choice of law and venue in contracts with employees who primarily reside and work in California; new U.S. Department of Labor (DOL) fiduciary rules that expand the Employee Retirement Income Security Act of 1974 (ERISA) “investment advice fiduciary” definition, requiring financial advisors to investment retirement accounts (IRAs) and 401(k) plans with fewer than $50 million in assets to acknowledge their role as fiduciaries starting April 10, 2017 and comply with “Best Interest Contract 





Continue reading