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Articles by Jason J. Mendro
Posts from: Jason Mendro
Delaware Supreme Court Rejects Bright Line Rules in Section 220 Books and Records Proceedings delaware, DGCL Section 220, Paramount, post-demand evidence, stockholders More from: Brian Lutz, Brian Yang, Craig Varnen, Jason Mendro, Michael Kahn, Monica Loseman , Gibson Dunn Michael J. Kahn is a Partner and Brian Yang is an Associate Attorney at Gibson, Dunn & Crutcher LLP. This post is based on a Gibson Dunn memorandum by Mr. Kahn, Mr. Yang, Monica K. Loseman, Brian M. Lutz, Jason J.
The SEC’s latest crypto guidance still leaves too much unsaid
On Tuesday, March 19, the SEC issued joint guidance with the CFTC to “finally” provide clarity about how the securities laws apply to digital assets. On many issues, including staking and meme coins, the SEC’s new guidance is a welcome development and a marked improvement from the Gensler days. It also rightly acknowledges that the agency’s “regulation by enforcement” campaign under Chair Gensler had muddied compliance obligations and stifled the industry.
Le ultime linee guida della SEC sulle criptovalute lasciano ancora troppo non detto
Martedì 19 marzo, la SEC ha emesso una guida congiunta con la CFTC per “finalmente” fornire chiarezza su come le leggi sui titoli si applichino agli asset digitali. Su molte questioni, tra cui lo staking e le meme coin, le nuove linee guida della SEC rappresentano un sviluppo positivo e un netto miglioramento rispetto all'era Gensler.
IRS-Imposed DeFi Tax-Reporting Obligations May Be Dead for Good Original
For many industries, the only thing better than a repealed regulation is one that an agency can’t resurrect. And that’s exactly what the crypto industry may have gotten, thanks to a resolution that gets rid of a Treasury Department and IRS rule that would have subjected decentralized finance participants to onerous tax-reporting requirements for digital-asset transactions.
Recent SEC Guidance On Memecoins Suggests Broader Policy Change Original
There is more to SEC’s recent memecoin guidance than meets the eye. On Feb. 27, the staff of the SEC’s Division of Corporate Finance issued guidance explaining that memecoins — which the SEC described as digital assets “inspired by internet memes, characters, current events, or trends for which the promoter seeks to attract an enthusiastic online community” — are generally not sold as securities.
SECURITIES AND EXCHANGE COMMISSION v. BINANCE HOLDINGS LIMITED et al
June 6, 2023 NOTICE OF ERROR re #1 Complaint; emailed to scarlatom@sec.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, )
DE Courts Uphold Strict Limitations on Liability for Oversight Claims
In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on Caremark claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively. It is an all-too-familiar accusation for many directors: If only you had done something more, the corporation could have avoided an injury or loss.
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