White Collar & Government Investigations Blog

Olshan litigation partner John Moon and counsel Daniel Stone authored an article in Bloomberg Law entitled “GENIUS Act Transition Needs ‘Hyper-Speed’ Progress Given Capital Invested.” In the article, John and Dan discuss the challenges regulatory agents are facing to develop new regulations to implement the GENIUS Act promptly. The law takes effect either on January 18, 2027, or 120 days after regulators adopt final regulations for stablecoins, depending on whichever event occurs first. As John and Dan emphasize, given the “monumental figures” ...

Olshan litigation partner John Moon and counsel Daniel Stone authored an article in Law360 entitled “Post-Genius Landscape Reveals Technical Stablecoin Hurdles.” In the article, John and Dan discuss the stablecoin market following the passage of the GENIUS Act earlier this year. The law grants stablecoins new legal legitimacy but raises questions for how stablecoin issuers will compete.  As John and Dan note, “The GENIUS Act eliminates the first primary means of differentiation: it prohibits stablecoin providers from paying interest to stablecoin ...

Olshan litigation partner John Moon and counsel Daniel Stone authored an article in The Legal Intelligencer entitled “Congressional Cryptocurrency Reform Targets Regulators Rather Than the Industry Itself.” In the article, John and Dan examine the CLARITY Act, which recently passed the House of Representatives, and situate it in the context of the 2022 cryptocurrency crisis.  John and Dan compare the CLARITY to prior legislative responses to financial crises. They describe the primary effect of the CLARITY Act as providing guidance as to regulatory ...

Olshan litigation partner John Moon and corporate partner Kenneth Silverman authored an article in Bloomberg Law entitled “SEC Enforcement Sweep Shows It Takes Reporting Failures Seriously.” In the article, John and Ken discuss the Securities and Exchange Commission’s (SEC) recent settlement with 11 institutional investment managers, highlighting a potential shift toward stricter enforcement of Form 13F violations.

Olshan litigation partner John Moon and corporate partner Kenneth Silverman authored an article in New York Law Journal entitled “SEC Enforcements Highlight Risk of Noncompliance—Gone Are 'You Pay Your Money and Takes Your Chance' Days in the U.S.” In the article, John and Ken discuss the significant amount of foreign investment in the United States, representing 20 percent of all U.S. securities and approximately 17 percent of all equity securities traded on U.S. stock markets.

Olshan litigation partner John Moon and Chair of Litigation Lori Marks-Esterman authored an article in New York Law Journal, with assistance from litigation associate Daniel Stone, entitled “’Envy of the World’: Equity Markets and the Compelling Need for Robust Disclosure Under Regulation S-K.” In the article, John, Lori and Daniel discuss how courts have traditionally recognized that investors’ faith in the accuracy of issuer statements is central to investor confidence and the securities market.

Olshan litigation partner John Moon and Chair of Litigation Lori Marks-Esterman authored an article in Bloomberg Law (subscription required) entitled “Supreme Court SEC Disclosure Ruling Confusing for Courts, Markets.” In the article, John and Lori outline the implications of the SCOTUS ruling in Macquarie Infrastructure Corp. v. Moab Partners.