Fifth Circuit Court Of Appeals Hears Oral Arguments In Industry Groups’ Ongoing Petition To Vacate Private Fund Adviser Rules

Earlier this month, the US Fifth Circuit Court of Appeals heard oral arguments from the Securities and Exchange Commission (SEC) and industry groups representing private investment fund sponsors, in the industry groups’ ongoing petition to vacate the new private fund adviser rules (PFAR) adopted by the SEC on 23 August 2023.

Arguments from both sides largely centered on whether the SEC overstepped its authority in adopting the PFAR. While both sides agreed that private funds are […]

By | February 21st, 2024 ||

Awaiting Appellate Precedent – Are New York Foreclosure Limits Constitutional?

Over a year after becoming law, New York’s Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA) continues to divide trial courts regarding the constitutionality of the law’s retroactive application. Appellate level guidance remains wanting.

FAPA amended certain New York rules related to the time limits for commencing mortgage foreclosures. Litigation subsequently arose as to whether the amendments applied prospectively, or instead reached back to alter the legal consequences of prior acts. In […]

By | February 6th, 2024 ||

Utah Court Of Appeals Confirms Athletes’ First Amendment Rights: Keisel v Westbrook And The Utah Jazz

The Utah Court of Appeals has spoken: an athlete’s opinion on what connotes racist rhetoric is protected free speech. In a significant legal ruling that underscores the balance between sportsmanship, the right to free expression, and the duty of professional athletes to maintain their composure, the Utah Court of Appeals recently confirmed a lower Utah state court ruling granting summary judgment in favor of Russell Westbrook and the Utah Jazz in a lawsuit brought […]

By | February 3rd, 2024 ||