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Second Circuit Declines to Strike Down No-Deny Provision of Executive’s SEC Consent Agreement

On Sept. 27, 2021, the U.S. Court of Appeals for the Second Circuit rejected the most recent legal challenge to the Securities and Exchange Commission’s (SEC) practice of using “no-deny” consent agreements to resolve civil enforcement actions. This practice allows alleged violators of federal securities laws to settle civil actions with the SEC without admitting or…
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Blog: New Challenge to Nasdaq Board Diversity Rule

A new petition has been filed challenging the Nasdaq board diversity rule (see this PubCo post). The National Center for Public Policy Research filed the petition on Tuesday with the U.S. Court of Appeals for the Third Circuit, but asked the court to transfer the proceeding to the Fifth Circuit, where an earlier petition filed by the Alliance…
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Crypto User Asks 1st Circuit To Curtail IRS Collection of Records

It’s no secret that the Internal Revenue Service suspects thousands of cryptocurrency users of underreporting their tax liability. In 2017, the IRS won a ruling that granted the government access to transaction records belonging to more than 10,000 customers of the virtual currency exchange Coinbase Inc. Last April, the government obtained a similar ruling to see records from Circle Internet Financial…
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Arguments Surrounding Constitutionality of Bump Stocks Hit the Fifth Circuit

An attorney told a three-judge panel at the Fifth Circuit Court of Appeals Wednesday afternoon that a federal judge in Texas was mistaken in finding last year that the Bureau of Alcohol, Tobacco, Firearms and Explosives had authority to outlaw bump stocks that enable rifles to fire hundreds of times in minutes. Read the full…
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Nasdaq Board-Diversity Regulations Face Another Court Challenge

…The National Center for Public Policy Research on Tuesday submitted a petition with the U.S. Court of Appeals for the Third Circuit to review the regulations the Securities and Exchange Commission approved Aug. 6. Another group, the Alliance for Fair Board Recruitment, previously filed a challenge to the rules Aug. 10 in the U.S. Court of Appeals…
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NH Man Presses 1st Circ. To Revive IRS Crypto Doc Suit

A New Hampshire man urged the First Circuit on Tuesday to revive his suit challenging the IRS’ procurement of his records from cryptocurrency platforms, saying federal law prohibiting suits that restrain … Read the full article TweetShareShare0 Shares
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