Expert Analysis

• SEC Approach In Wahi Presents New Challenges For Crypto

  

  The outcome of the U.S. Securities and Exchange Commission's civil action in U.S. v. Wahi, a parallel proceeding to the U.S. Department of Justice's first-ever crypto insider trading case, has the potential to broadly extend the commission's jurisdiction over crypto or upend the digital asset space, say attorneys at Proskauer.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

• A Look At The Feds' Extraordinary Reaction To SVB Collapse

  

  With the receiverships of two banks in almost as many days, the emerging pattern of regulatory response holds the banking sector as a whole responsible for losses at individual institutions, a scenario that may not end with special assessments to cover Silicon Valley Bank and Signature Bank, say attorneys at WilmerHale.

• Key Considerations For Taxpayers Deducting Crypto Losses

  

  While a recent Internal Revenue Service memorandum is helpful in providing insight into how the agency is considering guidance related to cryptocurrency, questions remain with respect to whether a taxpayer can claim a tax deduction for cryptocurrency losses, say attorneys at McDermott.

• The Far-Reaching Impacts Of 'NFTs Can Be A Security' Ruling

  

  A New York federal judge's recent first-of-its-kind finding in Friel v. Dapper Labs that non-fungible tokens can be securities will likely be used by other plaintiffs — and perhaps the U.S. Securities and Exchange Commission — as a key part of their respective playbooks in pending and future securities matters involving digital assets, say attorneys at Holland & Knight.

• Opinion

  SEC Needs To Support Crypto Gatekeepers

  

  The U.S. Securities and Exchange Commission has a significant responsibility to create and maintain a regulatory environment governing the crypto industry, but currently, crypto businesses — and their lawyers — often are punished for seeking to comply, says retired Wilson Sonsini partner Rob Rosenblum.

• How S&P 100 Cos.' Human Capital Disclosures Are Evolving

  

  A survey of human capital resource disclosures shows that S&P; 100 companies are generally expanding the length of their disclosures, covering more topics and including slightly more quantitative information in some areas, say Mike Titera and Meghan Sherley at Gibson Dunn.

• Liquefied Natural Gas Outlook: Industry Under Pressure

  

  While last year saw a remarkable turnaround in the liquefied natural gas market, with strong demand for U.S. LNG projects, the industry must now confront problems including increased credit and construction costs, and the possibility of fewer LNG conversions due to higher prices, say Monica Hwang and Silvia Smith at O'Melveny.

• ERISA Considerations In A Dynamic ESG Landscape

  

  Recent congressional, judicial and state legislative developments have complicated the landscape surrounding environmental, social and governance investing, but these new laws and court challenges are unlikely to ban any consideration of ESG in ERISA plans and will likely serve to hone fiduciary focus, say Elizabeth Goldberg and Rachel Mann at Morgan Lewis.

• How To Keep Up With The SEC's Breakneck Rulemaking Pace

  

  The burden on those regulated by the U.S. Securities and Exchange Commission is greater than it has been in decades, and though the rules seem to be changing faster than anyone — even the commission itself — can keep up with, there are steps that boards, executives and their counsel can take to mitigate the new regulatory risks, say attorneys at Gibson Dunn.

• Volatile Energy Prices Complicate Int'l Arbitration Damages

  

  In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• How Celsius Customers May Use Tracing To Recover Deposits

  

  While the Celsius bankruptcy presents novel challenges for investors seeking to recover funds they deposited into certain accounts, it also reveals the potential of crypto tracing analysis to recover deposits and may act as a test case for investors considering similar actions in crypto bankruptcies, says Paul Hinton at The Brattle Group.

• How Fed's Crypto Denial Fits Into Broad Regulatory Movement

  

  Amid the recent flurry of crypto regulatory activity across agencies and jurisdictions, the recent denial of Custodia Bank's application to join the Federal Reserve System offers a distilled view into how regulators are likely to approach the intersection of banking and crypto-assets in the coming months, say attorneys at Sheppard Mullin.

• New Policies And Programs Can Help Seal Smaller M&A Deals

  

  As the so-called great wealth transfer creates opportunity in small and midsize business mergers and acquisitions, an array of new Small Business Administration rule updates and programs can help attorneys gain access to capital for their clients, including a certification program for veterans, say Kevin Henderson and Eric Pacifici at SMB Law Group.