Since its launch in 2009, Bitcoin has ballooned into an asset currently fluctuating around a $1.34 trillion market cap and has inspired the creation of thousands of tokens ranging from utility tokens like Ethereum’s “ETH” to stablecoins like “USDC.” (CoinMarketCap; Edan Yago, Forbes). Unlike traditional currencies, which depend on a central authority such as a bank or government to validate and record transactions, cryptocurrency (“crypto”) operates on a decentralized blockchain that allows for secure, direct transactions that are verified through a distributed ledger and network consensus. (Stephanie Susnjara, IBM). Despite these legitimate uses, the Securities and Exchange Commission (“SEC”) has warned that some tokens serve as vehicles for “pump and dump” schemes, in which fraudsters spread false information to drive up a coin's price before selling their holdings, leaving other investors with a loss. (SEC). One such scheme came to light in 2024, when Shane Hampton (“Hampton”) was convicted at a federal jury trial of conspiracy to commit securities price manipulation and wire fraud for his role, alongside Hydrogen Technology (“Hydrogen”) CEO Michael Kane (“Kane”), in manipulating the price of the HYDRO token. (DOJ). Now on appeal to the Eleventh Circuit, Hampton and Kane argue that HYDRO was not an “investment contract” because its value derives from its utility within Hydrogen’s ecosystem as opposed to any profit derived from the efforts of others. (Carolina Bolado, Law360). This post briefly unpacks Hydrogen’s scheme and Hampton’s conviction before focusing on the appeal, arguing that however the Eleventh Circuit rules, its holding will primarily reach well-documented organizations while smaller, anonymous pump-and-dump schemes remain far more difficult to prosecute.
Read MoreCan an arbitration agreement preempt the power of a bankruptcy court? This question lies at the center of the dispute in Goldman Sachs Bank USA v. Brown. (Donald Swanson, Mediatbankry). The Appellees allege that Appellant, Goldman Sachs, violated an automatic bankruptcy stay provision by continuing to make debt collection calls following Appellee’s bankruptcy filing. (Caroline Simson, Law 360). Under the Federal Rules of Bankruptcy Procedure, violation of this automatic stay provision would entitle Appellees to punitive damages to be determined by the bankruptcy court judge. (11 U.S.C. § 362(k) (2026)). Goldman Sachs argues that this dispute should be resolved under an arbitration agreement present in the credit card agreements rather than in bankruptcy court, citing the primacy of the Federal Arbitration Act (“FAA”) over Bankruptcy Court rules. (Angélica Serrano-Román, Bloomberg Law). Following the Fourth Circuit’s ruling in favor of Appellees, Goldman Sachs filed a petition for a writ of certiorari. (Caroline Simson, Law 360). Goldman Sach’s argument for requiring arbitration in this matter relies heavily on the case Epic Sys. Corp. v. Lewis. (National Consumer Bankruptcy Rights Center). This article will examine Goldman Sach’s argument for their motion to compel arbitration as well as explore how following precedent established under the Epic Systems case or a core approach to bankruptcy law might lead to rejecting or affirming the lower court rulings which denied arbitration.
Read MoreOn June 24, 2026, a Beacon Financial Corporation shareholder, Michael O’Neill, filed a proposed class action lawsuit in Delaware Chancery Court, seeking a judicial declaration and injunction preventing enforcement of an unlawful governance provision. (Jarek Rutz, Law360). Although Beacon declassified its board of directors so that all directors are elected annually, the lawsuit alleged that its charter still stated that directors may be removed only “for cause.” Id. Under Section 141(k) of the Delaware General Corporation Law (“DGCL”), shareholders generally have the right to remove directors with or without cause unless the company has a classified board or certain cumulative voting provisions. (Daniel E. Wolf, Harvard Law School Forum on Corporate Governance). According to the complaint, Beacon has neither a classified board nor cumulative voting provisions, making the restriction invalid. (Jarek Rutz, Law360). The Beacon Financial litigation illustrates how seemingly minor inconsistencies in corporate charters can have significant governance consequences, reaffirming Delaware’s insistence that director removal rights conform to statutory requirements once a board is declassified.
Read MoreSuppose a person wanted to place a risky bet during the NBA Finals but lived in a state that illegalized sports gambling. Traditionally, this gambler might turn to the neighborhood bookie, but newer apps like Kalshi allow users to “trade” money for contracts in any state. (Kalshi, Instagram). Normally, states regulate sports gambling and decide whether to legalize or prohibit it, but prediction markets such as Kalshi and Polymarket are challenging this framework. (Ben Blatt and Amy Fan, NYT). Prediction markets offer products that forecast, plan for, and hedge future events, with the contract’s “price” reflecting traders’ perceived probability of an event’s outcome. (CFTC). This post examines the rise of prediction markets into a multi-million-dollar industry, their growing political influence, and the states’ struggle to regulate this industry.
Read MoreOn March 25, 2025, the Delaware legislature enacted Senate Substitution 1 for Senate Bill 21 (“SB21”) into law. (Delaware General Assembly). SB21 limits the scope of the State’s Court of Chancery jurisdiction to hear certain complaints from shareholders regarding transactions between corporations and their directors. Id.
Delaware is a popular domicile for many corporations around the United States with more than 2.1 million legally incorporated entities. (Delaware Division of Corporations, Delaware.gov). Notably, Delaware is the domicile for nearly 66% of Fortune 500 Companies, and over 80% of all U.S. based initial public offerings (“IPOs”), passed the bill to ensure that large corporations incorporated in the state did not reincorporate in states which may provide better protections against lawsuits from minority shareholders. (Lauren Hisch & Michael de la Merced, New York Times). The state and the 1.06 million Delawareans who live there heavily rely on corporate revenue. Id.
Read MoreOn February 27, 2026, the IRS announced that it canceled its collective bargaining agreement with the National Treasury Employees Union (“NTEU”) following the Ninth Circuit Court of Appeals’ decision to remove the injunction preventing two Presidential Executive Orders from going into effect. (Jory Heckman, Federal News Network). The two executive orders state that certain federal agencies, such as the IRS, did not have a right to labor unions because it put national security at risk. Id. This article will discuss the reasoning behind the executive orders that pushed the IRS to cancel its union contract and how enforcing the orders effects federal employees.
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