Veteran Dallas Prosecutor Tapped as EDTX U.S. Attorney
If confirmed by the U.S. Senate, as expected, Damien Diggs would be the first Black U.S. attorney in the 166-year-old Eastern District.
3 of 4 Whistleblowers Suing AG Paxton Ask for Abatement
The Texas Supreme Court is considering an opposed motion to hit pause on a whistleblower lawsuit brought by three former top aides to Attorney General Ken Paxton against the Texas AG, accusing him of firing them in retaliation for reporting to the FBI and Texas Rangers that they believed he abused the power of his office to benefit a campaign donor. One of the four whistleblowers isn’t involved in settlement negotiations and wants the lawsuit to proceed now.
Legislative Debate Coming Over Need for Business Specialty Courts
Business groups plan a renewed push to create a separate system of trial and appeals courts to handle complex commercial litigation. A Texas House committee that studied the issue says the Texas Supreme Court first should follow through on a pandemic-delayed pilot program. The Texas Lawbook previews the coming battle and other judiciary and civil justice issues expected to be discussed during the 2023 legislative session.
Pivotal Year on the Horizon for Texas Cryptocurrency Miners
As the so-called crypto winter chases weaker and less committed participants from the market, the remaining players will likely see a vastly changed landscape once the snow melts. From the dot-com bust of the early century to the fallout of the global financial crisis of 2007-2009, market trauma has ultimately led to a heightened regulatory response, and one would expect the effort to regulate the cryptocurrency industry—something that was well underway even prior to 2022—will gain significant momentum in the coming year, not just in terms of crypto’s intersection with securities law but also its relevance to the ongoing energy transition.
Law Firm Lobby Shops Offer Clients One-Stop Shopping
With fewer large Texas law firms retaining lobby practice groups, those that remain are busier than ever as the 2023 legislative session promises key decisions on tax and regulatory issues for a wide range of corporate clients. The Texas Lawbook talks with three veteran lobbyists working to pass, change and kill legislation.
SEC Charges Eight ‘Stock-Picking Gurus’ on Twitter with $100M Scam to Manipulate Share Prices
Four Houston-area men were among eight social media influencers accused Wednesday by the U.S. Securities and Exchange Commission of using Twitter, online chat rooms and a podcast to manipulate stock prices in a $100 million trading scam. The SEC complaint filed in federal court in Houston accuses the eight of promoting stocks via social media and then dumping shares they’d purchased once their promotional efforts drove up the stocks’ prices.
Experts: The Present and Future Needs of the SEC’s Fort Worth Regional Office
The U.S. Securities and Exchange Commission is looking for a new sheriff to aggressively police corporations, cryptocurrency operations, hedge funds and thousands of investment brokers and dealers in Texas, Arkansas, Oklahoma and Kansas. Only a handful of people even qualify for the position, legal experts say.
“The challenge, though, will be to look around the corner for risks that are coming, which may depend on a number of unpredictable variables such as the economy, the markets and financial innovation,” said David Peavler, who resigned as SEC regional director last week.
Five Takeaways from the FTX Cryptocurrency Exchange Fallout
Sam Bankman Fried (SBF) and his FTX exchange became the latest very public example exposing risks in cryptocurrency companies. It will take time before the entire impact of the FTX failure and bankruptcy is known. However, here are five things for investors to take away from the recent events involving FTX when considering the future of digital assets.
SEC’s David Peavler Joining Jones Day
David Peavler is following in the steps of his two predecessors who were regional directors of the U.S. Securities and Exchange Commission’s Fort Worth office. Peavler, in an exclusive interview with The Texas Lawbook, said he will join the Dallas office of the global law firm Jones Day as a partner leading the firm’s Texas securities litigation and SEC enforcement practice. Peavler, who announced Thursday that he was resigning as the regional director of the SEC, is a huge catch for Jones Day because of his deep experience in the area of financial accounting and because he has prior experience as a corporate general counsel – the very people who hire Jones Day for legal advice.
Texas Lawyers Lead SEC, AT&T $6.25M Lawsuit Settlement
AT&T and the SEC announced they have agreed to settle a lawsuit that accused the Dallas-based telecom giant of selectively leaking confidential financial information to Wall Street analysts in hopes of potentially manipulating revenue projections during the first quarter 2016. Two AT&T in-house counsel and a slew of lawyers from Norton Rose Fulbright, Tillotson Johnson & Patton, Willkie Farr and Haynes and Boone represented AT&T and its executives.
David Peavler Leaving SEC is ‘A Big Loss’
For nearly two decades, David Peavler has roamed the offices of the U. S. Securities and Exchange Commission’s Fort Worth Regional Office – first as a rookie lawyer in its enforcement position, later as assistant regional director and for the past three-and-a-half years as the head of the office. The SEC announced Thursday that Peavler is stepping down as the director of the Fort Worth Regional Office this Saturday. Associate regional directors Eric Werner and Marshall Gandy will fill the role until a replacement is announced. Experts say Peavler scored huge successes during his time at the SEC and his departure is a major loss.
The Use (or Abuse?) of the Mail and Wire Fraud Statutes
Ask any fraud prosecutor what their bread-and-butter criminal statute is, and you’ll surely hear about mail fraud or wire fraud. Taken together, they account for a significant percentage of fraud prosecutions at the federal level. Both statutes are broad and malleable, requiring a fraudulent scheme to obtain money or property, a criminal intention to defraud someone and either a mailing or interstate wire transmission. And, properly drafted, just about every type of economic crime can be cabined into a charge of mail or wire fraud. The U.S. Supreme Court is revisiting the scope of property rights protected under the mail and wire fraud statutes this term in Ciminelli v. United States.