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ShapeShift Fine Epitomizes SEC’s Crypto Policy, and its Flaws
A recent SEC order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC’s regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency’s embrace of ambiguity over clarity risks hampering the growth of the crypto economy, writes Bracewell’s Keith Blackman.
FINRA Facts and Trends: March 2024
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s focus on uses...
Time Has Come for Special Masters to Streamline Bankruptcy Cases
Bracewell’s Keith Blackman, Joshua Klein and Russell Gallaro spotlight proposed changes to federal bankruptcy procedure to allow use of special masters in complex bankruptcy cases.
Overhaul of the UAE’s Competition Law: Key Changes and Next Steps
On 29 December, 2023, Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (the New Law) was issued, replacing Federal Decree-Law No. 4 of 2012 (the Old Law) and introducing a new merger control regime, including a number...
FTC Announces 2024 Increase in HSR Notification Thresholds and Filing Fees
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds and HSR filing fees, which will become effective on March 6, 2024. The revised thresholds will apply to any merger or...
The Sanctioned Lenders Problem
Bracewell’s Jason Fox and Rory Wilson examine how recent events, such as the war in Ukraine and the designation of certain financial institutions as sanctioned entities, have caused sponsors and lenders to re-evaluate the sanctions provisions in their facility agreements.
The Questions Around Prometheum’s SEC-Compliant Strategy
Regulatory uncertainty remains a major hurdle in the way of widespread adoption of cryptocurrency. While the US Securities and Exchange Commission (SEC) has sought to apply traditional securities concepts to the crypto marketplace, the cryptocurrency industry is pushing for specific...
FINRA Facts and Trends: January 2024
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. We dedicate this month’s issue to FINRA’s 2024 Annual...
Foreign Direct Investment in the United Arab Emirates: Trends and Predictions for 2024
Bracewell’s Kasia Lebiecki and Amelia Bowring delve into the current and anticipated FDI trends in the UAE, shedding light on the factors that have propelled it to the forefront of global investment opportunities, while also sharing their predictions for 2024.
Treasury and IRS Issue Proposed Regulations With Respect to Clean Hydrogen Credits Under Sections 45V and 48 of the Internal Revenue Code
On December 22, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and notice of public hearing containing proposed regulations (Proposed Regulations) with respect to Internal Revenue Code of 1986, as...
DOJ and FTC Finalize New Merger Guidelines
On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for public comment. The new 2023...
Navigating Compliance Trends With a Roadmap to a Corporate Culture of Integrity
The Department of Justice has published — and continues to update and emphasize — a set of practical guidelines on what it views as an effective compliance program and how it makes decisions about bringing charges and evaluating resolutions. Companies...
FINRA Facts and Trends: December 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on a significant proposed rule...
FINRA Facts and Trends: October 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on ongoing constitutional challenges to...
Macedonian Gold Mines and Greek Bonds
Bracewell's Ro Lazarovitch and Bagya Nambron join Natalie Kedikoglou, general counsel at Hellas Gold, Frank Herbert, EVP and general counsel, and Paul Ferneyhough, SVP and chief strategy and commercial officer at Eldorado Gold Corporation, to discuss the project financing facility for the Skouries Mine in Northern Greece.