On July 26, 2023, the Securities and Exchange Commission (“SEC”), in a 3-2 vote, issued a release (the “Release”) containing proposed rules to address conflicts of interest associated with broker dealers’ and investment advisers’ use of predictive data analytics (“PDA”) technologies, and PDA-like technologies, when interacting with investors.[1] The SEC’s proposed rules amend Rules 151-2,…
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The U.S. Securities and Exchange Commission (“SEC”) is paying considerable attention to the world of cryptocurrency (“crypto”). According to the SEC website, the SEC has brought more than 50 enforcement actions against crypto companies since the start of 2021.[1] Most recently, on June 6, 2023, the SEC filed a complaint against Coinbase, Inc. and Coinbase…
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College athletics — more specifically, college football — has become a media behemoth over the past two decades. Competition has always been fierce on the field, but with millions of dollars in broadcasting revenue in the balance, competition has intensified off the field for many programs as they look for avenues to increase their annual…
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Much like the beginning of 2023, when two new state data privacy acts went into effect, the midpoint of 2023 will feature two more state data privacy acts coming onto the books. On July 1, 2023, the Colorado Privacy Act (“CPA”) and the Connecticut Data Privacy Act (“CDPA”) become effective, and those states join California…
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The world’s ever-changing technological landscape has led to the formation of new mediums of creativity — mediums that the sports and entertainment industry cannot ignore. Digital currencies, virtual universes, and enhanced gaming platforms are just a few drops in the new-tech wave that is crashing onto industries and headlines everywhere. As a result, many attorneys…
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On March 29, 2023, a new exemption from SEC registration for brokers providing services in mergers and acquisitions (“M&A”) transactions officially went into effect. The exemption, outlined in Section 501 of the Consolidated Appropriations Act of 2023, is welcome news to the many M&A practitioners whose practices had previously been reliant solely on the SEC…
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Earnout provisions can be an effective tool for addressing the potential disconnect between a seller’s expectations and a buyer’s ability to pay when negotiating a business combination transaction. Earnout provisions, or contingent purchase price agreements, allow buyers to limit their upfront payment and spread the purchase price over time. From the seller’s perspective, earnouts can…
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In his State of the Union address on February 7, 2023, President Biden affirmed his position on consumer data privacy protections and specifically his focus on strengthening protections for children. With several state data privacy acts now effective (and more scheduled later this year), compliance with the complex mesh of data privacy laws in the…
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The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act), and other privacy laws are slated to become effective later this year (the Colorado Privacy Act, the Connecticut…
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In a matter of months, several well-known individuals in real estate have been convicted of and/or charged with fraud or similar crimes relating to the theft of client funds. The summary below highlights a few of those cases with some extraordinary damages, but questions remain: Is this a harbinger of what’s to come? Or are…
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