Fifth Circuit Four

NAPFM, MFA, and AIMA Challenge SEC Securities Lending and Short Position Reporting Rules

Retrieved on: 
Tuesday, December 12, 2023
Professional Services, Courts, Public Policy, Government, Legal, Finance, Asset Management, Banking, Disclosure, MFA, Analysis, Security (finance), Fifth Circuit Four, Administration, Insurance, Nature, Sullivan & Cromwell, National Association, Oliver Cromwell, Managed Funds Association, AIMA, Congress, Financial adviser

As noted in the petition, despite finalizing the two closely related rules on the same day, the SEC disregarded the interconnectedness of the rules and adopted vastly different reporting requirements.

Key Points: 
  • As noted in the petition, despite finalizing the two closely related rules on the same day, the SEC disregarded the interconnectedness of the rules and adopted vastly different reporting requirements.
  • As a result, the rules would apply contradictory and incoherent approaches to two aspects of the same underlying transaction: the short sales themselves and the loans of securities to facilitate those short sales.
  • In particular, the SEC protects the value of anonymity for short sellers in one rule, —where it acknowledges short sellers’ contributions to liquidity and price efficiency—but then in the other rule exposes short sellers’ confidential securities lending and position information on a granular basis.
  • Borrowing securities is a necessary component of effecting short sales, which support price discovery, promote market stability, and reduce market risks.

U.S. Supreme Court to Hear Landmark NCLA Case Against Government Social Media Censorship

Retrieved on: 
Saturday, October 21, 2023
Supreme court, First, Social media, Fifth Circuit Four, COVID-19 vaccine, Government, White House, NCLA, First Amendment to the United States Constitution, Court, Attorney, Constitutional right, Law of the United Kingdom, General Grievous, Speech, CDC, Surgeon, Joe Biden, DRS, Cybersecurity and Infrastructure Security Agency, White, FBI, Safety, Fifth, Plaintiff, United States Court of Appeals for the Fifth Circuit, COVID-19, CISA, Supreme, Computer security

This afternoon the Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden, a case brought on behalf of NCLA clients Drs.

Key Points: 
  • This afternoon the Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden, a case brought on behalf of NCLA clients Drs.
  • The New Civil Liberties Alliance welcomes this opportunity to defend the First Amendment rights of our clients in the U.S. Supreme Court.
  • NCLA released the following statements:
    “We are disappointed Americans’ First Amendment rights will be vulnerable to government infringement until this case is decided.
  • The First Amendment forbids such censorship, and the Supreme Court must never allow such mischief again, if we are to keep our democracy.”

97PERCENT NAMES OLIVIA TROYE AS EXECUTIVE DIRECTOR

Retrieved on: 
Thursday, October 5, 2023
Cielo Vista Mall, Law of the United Kingdom, White, Supreme Court of the United States, El Paso Times, Death, Supreme court, Gun violence, Constitutional right, Federation, Policy, Second, Public policy, United States Court of Appeals for the Fifth Circuit, Democrat, Fifth Circuit Four, Firearm, Research, White House, Gunsmith, Drug

WASHINGTON, Oct. 5, 2023 /PRNewswire/ -- 97Percent, whose mission is to reduce gun deaths by including gun owners in the solutions, has appointed Olivia Troye as the organization's Executive Director. Ms. Troye is a highly regarded public policy expert who served in the White House as a senior advisor to former Vice President Mike Pence and has held a number of senior national security roles during her career. Since its founding in 2020, 97Percent has worked to reduce gun deaths by bringing gun owners to the table, conducting research, and leveraging technology to address issues we all agree upon that will make our communities safer.

Key Points: 
  • WASHINGTON, Oct. 5, 2023 /PRNewswire/ -- 97Percent , whose mission is to reduce gun deaths by including gun owners in the solutions, has appointed Olivia Troye as the organization's Executive Director.
  • "Gun violence doesn't distinguish between gun owners or non-gun owners, Democrats, Republicans or Independents."
  • 97Percent recently submitted an amicus brief to the Supreme Court, arguing for the reversal of the appellate court's decision.
  • "As Executive Director, Olivia will help us further elevate our work to reduce gun deaths and to ensure our solutions protect the Second Amendment during this crucial time in our country," added Mr. Miller.

NCLA Asks U.S. Supreme Court Not to Stay Injunction Against Government Social Media Censorship

Retrieved on: 
Wednesday, September 20, 2023
Supreme, United States Court of Appeals for the Fifth Circuit, White House, COVID-19 vaccine, Speech, Supreme Court of the United Kingdom, Constitutional right, Fifth Circuit Four, Joe Biden, DRS, Biden administration COVID-19 action plan, Plaintiff, Government, White, Fifth, CDC, First, Surgeon, COVID-19, Supreme court, FBI, NCLA, Court, Thomas Parran (surgeon general), Federation, First Amendment to the United States Constitution, Social media, Safety, Presidency of Joe Biden

Surgeon General’s office from pressuring social media platforms to censor constitutionally protected speech.

Key Points: 
  • Surgeon General’s office from pressuring social media platforms to censor constitutionally protected speech.
  • On September 8, a Fifth Circuit panel upheld the most significant components of U.S. District Judge Terry Doughty’s preliminary injunction prohibiting the aforementioned officials from pressuring, coercing, or significantly encouraging social media companies to suppress constitutionally protected speech.
  • The government has failed to present a single convincing argument for staying the injunction any further.
  • The Supreme Court is unlikely to reverse the Fifth Circuit’s injunction against such abridgment of the First Amendment.

Danco Statement on Filing of Cert Petition, September 8, 2023

Retrieved on: 
Friday, September 8, 2023
REMS, Pregnancy, Fifth Circuit Four, Reproductive rights, Bleeding, Allergy, Medication, Diarrhea, Internal bleeding, Pharmacy, Mifepristone, IUD, Gestational age, Misoprostol, Health care, Fever, Danco, Weakness, Woman, Prescription, Angioedema, Prostaglandin, Hypovolemic shock, Patient, Abdominal pain, Sepsis, Rash, Tachycardia, Vomiting, Leukocytosis, Administration, Death, Syncope, Vaginal bleeding, Dizziness, Fungal infection, United States Court of Appeals for the Fifth Circuit, Anaphylaxis, Anemia, Supreme court, Law of the United Kingdom, Nausea, Court, Genetically modified bacteria, FDA, Headache, Hematocrit, Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, Safety, Full, Pharmaceutical industry, Birth control, Vaccine, Dentistry, Nursing, Infection

Danco remains confident in the safety and effectiveness of Mifeprex® under the 2023 REMS that currently governs its use.

Key Points: 
  • Danco remains confident in the safety and effectiveness of Mifeprex® under the 2023 REMS that currently governs its use.
  • The changes in 2016 and 2021—approved by FDA after careful analysis—have expanded the availability and use of Mifeprex®, providing crucial individual and public health benefits.
  • Serious and sometimes fatal infections and bleeding occur very rarely following spontaneous, surgical, and medical abortions, including following MIFEPREX use.
  • The frequency of adverse reactions varies between studies and may be dependent on many factors including the patient population and gestational age.

MFA Files Lawsuit Against SEC to Prevent Adoption of Private Fund Adviser Rule

Retrieved on: 
Friday, September 1, 2023
Professional Services, Courts, Public Policy, Government, Legal, Finance, Asset Management, MFA, Investment Advisers Act of 1940, LSTA, AIMA, Pension, Disclosure, Appellate court, United States Court of Appeals for the Fifth Circuit, Fifth Circuit Four, Managed Funds Association, AIC, Gibson Dunn, National Association, Privatization fund, American Investment Council, Financial adviser

The petitioners are represented by Gene Scalia and Helgi Walker of Gibson, Dunn & Crutcher LLP.

Key Points: 
  • The petitioners are represented by Gene Scalia and Helgi Walker of Gibson, Dunn & Crutcher LLP.
  • “The SEC has overstepped its statutory authority and core legislative mandate, leaving us no choice but to litigate,” said MFA President and CEO Bryan Corbett.
  • “The Private Fund Adviser rule will harm investors, fund managers, and markets by increasing costs, undermining competition, and reducing investment opportunities for pensions, foundations, and endowments."
  • The negative effects on private fund advisers and their investors are a product of these harmful aspects of the rule:
    Needlessly limiting the right of private fund advisers and their investors to tailor their relationships and interactions;
    Enacting overreaching prohibitions and restrictions on certain private fund adviser activities; and
    Imposing onerous, costly disclosure requirements and administrative obligations upon private fund advisers.

Texas Advocacy Project and Allies File Amicus Brief to Safeguard Domestic Violence Survivors from Lethal Firearms Access

Retrieved on: 
Tuesday, August 22, 2023
Survivor, Georgia Legal Services Program, Anecdote, Fifth Circuit Four, University, Justice, Violence, Private law, Friends, Coalition, Domestic violence, TAP, Firearm, Texas Legal Services Center, Organization, Silicon, Near Northwest, Texas, United States Court of Appeals for the Fifth Circuit, Risk, New Haven Legal Assistance Association, Supreme court, Law, Supreme, Safety, Supreme Court clinic, Nursing

Safeguarding survivors from firearm access during the duration of protective orders is paramount to their safety and the broader well-being of communities.

Key Points: 
  • Safeguarding survivors from firearm access during the duration of protective orders is paramount to their safety and the broader well-being of communities.
  • The coalition comprises organizations like the Texas Advocacy Project that have made it their mission to provide vital civil legal services and advocacy to survivors of domestic violence.
  • AUSTIN, Texas, Aug. 22, 2023 /PRNewswire/ -- Yesterday, Texas Advocacy Project ("TAP") and a coalition of dedicated non-profit organizations* across the nation proudly filed an amicus brief in US v. Rahimi to ensure the safety and protection of domestic violence survivors through appropriate firearm regulations.
  • By joining forces to submit this critical amicus brief, these organizations aim to correct the misinterpretation of the law and advocate for the continued protection of domestic violence survivors.

Domestic Violence Advocacy Organizations File Amicus Brief in U.S. v Rahimi

Retrieved on: 
Monday, August 21, 2023
Supreme, Survivor, Firearm, Male, Second Amendment to the United States Constitution, North Central Texas Council of Governments, Crowell & Moring, Violence, National Network, Public policy, Friends, Supreme Court of the United Kingdom, Domestic violence, Constitutional right, Fear, Fifth Circuit Four, Marriage, Woman, Head, Falls, History, Trauma center, NNEDV, Female, Domestic, Crowell, Pain, Organization, United States Court of Appeals for the Fifth Circuit, Risk, Police, Child, Supreme court, Court, National Network to End Domestic Violence, Research, Safety, Nursing, Drug, Hunting

WASHINGTON, Aug. 21, 2023 /PRNewswire/ -- One survivor had a gun held to her head until she swore she would never leave him. Another abuser shot and killed his domestic partner with her five young children nearby. Still, another survivor was savagely assaulted by her son's father and hospitalized for a month, suffering from multiple brain hematomas, teeth knocked out and severe facial fractures.

Key Points: 
  • These are only some of the stories supporting an amicus brief filed today by nearly 60 domestic violence advocacy organizations from across the country asking the U.S. Supreme Court to reverse a lower court ruling that struck down three decades of federal law banning abusers under a domestic violence protective order from owning a gun.
  • This first-hand telling of experiences from survivors of domestic violence collectively demonstrates that domestic violence abusers frequently engage in a pattern of abusive conduct that includes the use of firearms to control and terrorize their victims.
  • "Prohibiting abusers who are under civil domestic violence restraining orders from possessing firearms saves lives," said Melina Milazzo, deputy director of Public Policy at the National Network to End Domestic Violence (NNEDV).
  • "Research has demonstrated time and again the deadly intersection of domestic violence and firearms," said Gloria Aguilera Terry, chief executive officer of the Texas Council on Family Violence .

NCLA Asks Fifth Circuit to Approve Pathway to Challenge Unlawful SEC-Imposed Lifetime Speech Ban

Retrieved on: 
Thursday, August 17, 2023
Exercise, Administrative Procedure Act, Freedom, Speech, Government, First, Congress, United States Court of Appeals for the Fifth Circuit, Fifth Circuit Four, Novinger, Missouri, Comment, NCLA, First Amendment to the United States Constitution, Constitution, Financial adviser

SEC unilaterally assumed this unlawful power outside the normal administrative process and without Congressional authorization.

Key Points: 
  • SEC unilaterally assumed this unlawful power outside the normal administrative process and without Congressional authorization.
  • SEC and Novinger reached a settlement in 2016 after the agency accused him and his company ICAN Investment Group, LLC of violating securities laws.
  • Securities laws confer no power on SEC to suppress truthful speech, let alone as a condition of settlement.
  • As this appeal cogently explains, some form of post-settlement relief must be available to rectify the terrible injustice underlying speech gags.”

Prominent Mergers and Acquisition, Securities Attorney Richard Lieberman Joins Kutak Rock

Retrieved on: 
Monday, August 14, 2023
Legal Entity Identifier, University, Ninth, Fifth Circuit Four, Corporate governance, Lawyer, Insolvency, Illinois College, University of Illinois Urbana-Champaign, Law, NYSE, Private investigator, Financial services, Financial adviser, Kutak Rock

SCOTTSDALE, Ariz., Aug. 14, 2023 /PRNewswire/ -- Kutak Rock is pleased to announce that Richard Lieberman (Rick), a business transactions attorney with more than 38 years of experience, has joined its business, securities and corporate practice group in the firm's Scottsdale office.

Key Points: 
  • SCOTTSDALE, Ariz., Aug. 14, 2023 /PRNewswire/ -- Kutak Rock is pleased to announce that Richard Lieberman (Rick), a business transactions attorney with more than 38 years of experience, has joined its business, securities and corporate practice group in the firm's Scottsdale office.
  • "Rick's experience provides him with a unique perspective that will be of enormous value to our regional and national clients."
  • Rick has diverse experience in a broad range of business law issues including mergers and acquisitions, securities, corporate governance, and finance.
  • I am delighted to join Kutak Rock and look forward to fostering future collaboration with my new colleagues."