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Articles by Sam Hatcher
Former Lebanon policeman, 82, studying for Cumberland degree
Like thousands of students enrolled in colleges and universities across the country, September marked the beginning of another academic year for Damon Beard. But Damon’s journey at Cumberland University is far from typical. On track to receive his bachelor’s degree in May 2027, Damon is finishing a chapter he started more than six decades ago when he was patrolling Lebanon’s streets as a rookie police officer.
weekly farm newspaper source for ag news, classifieds, auctions
By Sam Hatcher Ohio Correspondent AYERSVILLE, Ohio — The week before Christmas 2022, and before those lower-than-normal temperatures hit, was a busy week for ditching contractor Bob Kruse. He had a 19-acre field to finish tiling before the predicted nasty weather showed up. He finished in time, and had another happy farmer customer, for both having the drainage tile installed, and the tax write-off for the year.
Fore! Professional Golf Investigation is Driver of New Antitrust Theories | JD Supra
As a sport, golf has rarely, if ever, been described as "cutting edge." But in the courtroom, golf may be at the forefront of the latest antitrust developments. In the coming months, the legal war unfolding in professional golf will become a testing ground for several new antitrust theories. The U.S. Department of Justice, Antitrust Division, (DOJ) investigation into the PGA TOUR (TOUR) became public in July 2022, and has since raised a number of legal questions.
Prosecutors and Regulators Announce Criminal Charges and Civil Enforcement Actions Against Sam Bankman-Fried Following FTX Collapse | JD Supra
On December 13, federal prosecutors announced criminal fraud and money laundering charges against Sam Bankman-Fried (SBF) in the wake of the collapse of FTX Trading Ltd. (FTX), the crypto asset trading platform that SBF co-founded and for which he served as CEO until its November bankruptcy. Additionally, on December 13, parallel civil enforcement actions were brought against SBF by the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC).
SEC Advises Companies to Disclose Crypto Market Exposure
On December 8, the Securities and Exchange Commission (SEC) issued new guidance for publicly traded companies, advising them to disclose their exposure and risk in the cryptocurrency market to investors.
SEC Scores Victory in Ongoing Effort to Classify Cryptocurrencies as Securities | JD Supra
A recent decision out of the District of New Hampshire underscores the risks proprietary cryptocurrency issuers face and provides ammunition to the SEC in its continued quest to classify cryptocurrencies as securities subject to registration and regulation. In SEC v. LBRY, Inc., Judge Paul J. Barbadoro found that LBRY, Inc. (LBRY) violated the Securities Act of 1933 by selling unregistered securities when LBRY sold its proprietary LBC token in a series of offerings.
Full Scale of Constitutionality of SEC's Adjudication System Underway | JD Supra
The Supreme Court's decision to hear CPA Michelle Cochran's appeal represents the latest challenge to the Security and Exchange Commission's in-house adjudicatory structure and could set the stage for a larger ruling on the constitutionality of agency administrative adjudication systems including those to which members of the institutional investing profession are subjected.
Commentary: Full scale of constitutionality of SEC's adjudication system underway
The Supreme Court's decision to hear CPA Michelle Cochran's appeal represents the latest challenge to the Security and Exchange Commission's in-house adjudicatory structure and could set the stage for a larger ruling on the constitutionality of agency administrative adjudication systems including those to which members of the institutional investing profession are subjected.
Neely’s commitment to Lebanon was as solid as a rock
When I learned of the recent death of Dr. Stephen (Steve) Neely, I immediately had a dozen thoughts about him to cross my mind. Well, that’s not exactly the truth. It was more like a hundred or so. And I’m sure the thousands he treated and befriended could share just as many remembrances of this larger than life legend in the local medical community, as I. He was Wilson County’s first orthopedic surgeon who made his way here some 42 years ago from Boston.
SEC Reaffirms 10b5-1 Plans Provide No Protection if Plans Not Established in Good Faith | JD Supra
On September 21, the Securities and Exchange Commission (SEC) announced charges against Cheetah Mobile, Inc.’s CEO and former president for insider trading, even though the questionable trades occurred under a 10b5-1 trading plan. The SEC’s order found that Cheetah Mobile’s CEO Sheng Fu and its then-President and CTO Ming Xu established the trading plans only after the discovery of material nonpublic information that would later cause a drop in Cheetah Mobile’s share price.
Recent Decisions Cast Shadow Over SEC’s In-House Adjudication System | JD Supra
Two recent judicial developments create questions about the constitutionality of the SEC’s in-house judicial system. First, on May 16, the Supreme Court agreed to hear the case of Michelle Cochran, an accountant facing disciplinary proceedings before an SEC administrative law judge (ALJ). Cochran challenged the constitutionality of how the SEC’s ALJs are appointed and protected from removal.
Recent SEC Complaint Signals Increased Enforcement Risk for Companies on ESG Disclosures | JD Supra
A complaint recently filed by the SEC against Vale S.A., a Brazilian mining company with U.S.-traded American Depository Receipts (ADRs), signals an increased risk of enforcement actions targeting misrepresentations and omissions in companies’ environmental, social, and governance (ESG) disclosures and is indicative of the commission’s heightened review of ESG disclosures.
Delaware Court Issues Novel Ruling Clarifying Treatment of Cryptocurrency Assets When Evaluating Contract Damages | JD Supra
Judge Paul Wallace of the Delaware Superior Court issued a recent opinion in Diamond Fortress Technologies, Inc. v. EverID, Inc., clarifying the treatment of cryptocurrency assets when calculating damages. [1] The opinion also lays a framework for analyzing the treatment of cryptocurrency assets in future actions and provides useful guidance in interpreting recent legislation.
FINRA Issues Guidance Clarifying Liability for Chief Compliance Officers | JD Supra
On March 17, the Financial Industry Regulatory Authority (FINRA) issued a notice, clarifying when chief compliance officers (CCOs) will face liability as supervisors under FINRA Rule 3110.[1] Under Rule 3110, member firms are required to designate individual supervisors and identify their responsibilities as a part of implementing an overall system to “achieve compliance with applicable securities laws and regulations, and with applicable FINRA rules.”[2] Ultimate responsibility for...
FINRA Issues Guidance Clarifying Liability for Chief Compliance Officers
On March 17, the Financial Industry Regulatory Authority (FINRA) issued a notice, clarifying when chief compliance officers (CCOs) will face liability as supervisors under FINRA Rule 3110.[1] Under Rule 3110, member firms are required to designate individual supervisors and identify their responsibilities as a part of implementing an overall system to “achieve compliance with applicable securities laws and regulations, and with applicable FINRA rules.”[2] Ultimate responsibility for...
My third-grade teacher would not be pleased with Sen. Hagerty
Mrs. Kirkpatrick, my third-grade teacher at McClain School, always lectured the class that you address those older than you — you know, people your parents’ age — with “Mr. or Mrs.” And that you never referred to the president of the United States without using his title before his name. Mrs. Kirkpatrick played the piano at every Rotary Club meeting.
New FINRA Guidance Suggests Increased Scrutiny of Member Firms’ Relationships with Third-Party Vendors | JD Supra
Who Needs to Know FINRA member firms. Why It Matters On August 13, the Financial Industry Regulatory Authority released a regulatory notice to member firms, clarifying their existing obligations on the supervision of third-party vendors. The Notice details four categories of regulatory obligations associated with third-party vendor relationships: (1) supervision, (2) registration, (3) cybersecurity, and (4) business continuity planning (BCP).
US Supreme Court Reverses Class Certification in 10b-5 Action | JD Supra
On June 21, the U.S. Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, a closely watched case involving the standards for class certification in securities class actions.[1] In Goldman, a group of shareholders brought an action against the company, alleging violations of Section 10(b) and Rule 10b-5.
SEC Commentary Highlights Increased Focus on Data Analytics in Identifying Potential Securities Law Violations (UPDATED) | JD Supra
Recent commentary by Diana Tani, an assistant regional director with the SEC, at the Securities Enforcement West web conference emphasized the agency's focus on data-driven investigations. Two areas targeted for recent enforcement are manipulations to achieve earnings per share (EPS) estimates and undisclosed executive compensation, especially as related to executives' usage of corporate aircraft. Recent enforcement actions suggest that the SEC is targeting quarterly public filings.
SEC Commentary Highlights Increased Focus On Data Analytics In Identifying Potential Securities Law Violations
To print this article, all you need is to be registered or login on Mondaq.com. Recent commentary by Diana Tani, an Assistant Regional Director for the SEC, at the Securities Enforcement West web conference emphasized the agency's focus on data-driven investigations. Two areas targeted for recent enforcement are manipulations to achieve earnings per share (EPS) estimates and undisclosed executive compensation, especially as related to executives' usage of corporate aircraft.
SEC Commentary Highlights Increased Focus on Data Analytics in Identifying Potential Securities Law Violations | JD Supra
Recent commentary by Diana Tani, an Assistant Regional Director for the SEC, at the Securities Enforcement West web conference emphasized the agency’s focus on data-driven investigations. Two areas targeted for recent enforcement are manipulations to achieve earnings per share (EPS) estimates and undisclosed executive compensation, especially as related to executives’ usage of corporate aircraft. Recent enforcement actions suggest that the SEC is targeting quarterly public filings.
Zoom Securities Ruling Limits Plaintiffs to One Bounce
(L-R) Robert L. Hickok, Jay A. Dubow and Sam Hatcher of Troutman Pepper Hamilton Sanders. Courtesy photos The U.S. District Court for the Northern District of California recently interpreted a seldom-examined provision of the Private Securities Litigation Reform Act (PSLRA), providing crucial—and rare—guidance for securities defendants about the scope of the PSLRA’s 90-day bounce-back provision.
Northern District of California Delineates When Affirmative Statements Can Create a Duty to Disclose | JD Supra
In a decision likely to cause some consternation for companies defending against federal securities claims, the U.S. District Court for the Northern District of California issued an unpublished decision on March 22, sustaining an extremely narrow omissions theory of liability alleged in City of Sunrise Firefighters’ Pension Fund v. Oracle Corp.
OPINION: Tommy Thompson retires, set gold standard for district attorney general
Of all elected officials placed in a position of trust can there be one with a higher burden of responsibility than that of a district attorney general? Likely not. Qualifications for the job require a law degree, a license to practice, and other standards that would generally be expected. But to be good at the job much more is required.
Tales from the farm: Redoing the lane
The grass lane that goes from the road to the river was finally fixed.
Baker, like McCain, two statesmen in a Washington of few | Opinion
With the passing of Sen. John McCain and reading the many testimonials and references attributed to him for never being timid about reaching across the aisle when looking for legislative support, I'm reminded about a conversation I had with the late Sen. Howard Baker some six or so years ago. Senator Baker, much like Sen. McCain, had the reputation of being one willing to work with the other side if in doing so it would mean getting an important piece of legislation passed.
Tennessee deserves a ‘blue ribbon’ state fair
Indiana has a good one. Kentucky's is considered one of the best. And for decades the Texas State Fair has been the one recognized as the crown jewel of them all. With so much discussion about what’s going to happen to the Nashville Fairgrounds, it would seem appropriate to consider what’s going to happen to the Tennessee State Fair, a valued tradition for more than 150 years.
Take on challenge of regional growth now
We often like to say in our corner of the South, although it puzzles newcomers, that "we're fix'in to" when starting a project, or going to a neighborhood grocery. With that in mind, it appears safe to say "we're fix'in" to face some of our most stringent challenges ever with regard to growth in the 10-county region surrounding and including Nashville.
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