Second Circuit Find Private Right of Action to Rescind Contracts Under Investment Company Act

The Second Circuit has created a split with the Third and Ninth Circuits by finding that Section 47(b) of the Investment Company Act provides plaintiffs an implied private right of action with regard to contracts, and the plaintiffs in that case could therefore seek rescission of the contracts in the form of junior notes.  This... Read more »

SEC Office of Compliance Inspections and Examinations (“OCIE”) Issues Alert on Cross-Trades Under Investment Advisers Act

On September 4, 2019, the OCIE issued a Risk Alert on issues identified by the staff during audits of firms of cross-trades that violate the applicable rules.  Section 206(3) of the Investment Advisers Act effectively prohibits an adviser, acting as a principal or agent, from carrying out certain cross trades that would be the result... Read more »

N.Y. Department of Financial Services Grants More Cryptocurrency Licenses

On July 15, 2019, the N.Y. Department of Financial Services (the “DFS”) announced that it granted virtual currency licenses to two subsidiaries of Seed CX Ltd. as part of its supervisory authority under the so-called “Bitlicense Law“, bringing the total to four since DFS Superintendent Linda Lacewell became head in February.  Seed Digital Commodities Market... Read more »

EU GDPR Shows Teeth

In case one got the impression that the EU’s General Data Protection Regulation (the “GDPR”) was toothless, the U.K.’s Information Commissioner’s Office (the “ICO”) announced on July 9, 2019 that it would fine Marriott International over 99 million pounds ($124 million).  The fine is in relation to a 2018 breach for failing to examine and... Read more »


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