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Although much attention recently has been focused upon debates
in Congress, potential legislative changes to U.S. antitrust law
are not limited to
proposals at the federal level. Many states are considering
changes to their own antitrust laws, which usually can be enforced
by state attorneys general and private plaintiffs. Importantly, New
York legislators have introduced two bills that propose sweeping
changes to the State s antitrust law, the Donnelly Act,
building on measures introduced
in New York s last legislative session.
These proposals, if enacted, would make New York s single
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On February 11, 2021, the Acting Chair of the U.S.
Securities and Exchange Commission ( SEC or Commission ), Allison Herren Lee, announced that the
Division of Enforcement will no longer recommend to the Commission
settlement offers conditioned upon waivers of certain automatic
disqualifications that arise following violations of federal
securities laws.
1 The announcement marks a return to the
Commission s long-standing, prior practice of segregating the
waiver application process from settlement negotiations. This
practice was briefly abandoned beginning in July 2019 when then-SEC
Chairman Jay Clayton announced that settling parties may submit
Cryptocurrency Landscape
Virtual currency is not just here, it s hot. The asset class
seems to have no boundaries; a recent rise has pushed the market
value of bitcoin alone to $1 trillion. No longer a fad,
the new age of digital currency is seeing payment companies, asset
management funds, financial institutions, luxury products, and
industrial companies pushing it into the mainstream by trading in,
investing in, and issuing virtual currency, and shifting cash into
virtual currency around the globe. Governments are not far behind,
with dozens of central banks around the world exploring the idea of
issuing and using digital versions of their nations fiat
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The Acting Chair of the Securities and Exchange Commission (the SEC ) announced on February 24, 2021
1 that
she has directed the Division of Corporation Finance to conduct an
enhanced review of climate-related disclosures in public filings.
In 2010, the SEC issued guidance
2 to assist companies in
crafting their disclosures related to the impact of climate change.
The new announcement states that the staff will review the
extent to which public companies address the topics identified in
the 2010 guidance, assess compliance with disclosure obligations
under the federal securities laws, engage with public companies on