Shearman And Sterling

Event March 12 - 15, 2023

2023 SIFMA Compliance And Legal Society Annual Seminar

  • San Diego, California

Adam Hakki (New York-Litigation), Global Managing Partner and Global Head of the Firm’s Litigation Practice and Disputes Unit, served as a faculty member at the Securities Industry and Financial Markets Association (SIFMA) Compliance and Legal Society Annual Seminar on March 12–15, 2023. The faculty participating at the conference includes prominent litigators, government regulators and in-house litigation personnel at major financial institutions.

Adam served as a panelist on a session titled “Litigation Update I: Civil Litigation - Securities Class Actions and Other Major Civil Cases.” The program covered numerous topics, including:

  • Update on ESG securities claims and related rulemaking and enforcement (SEC v. BNY Mellon Investment AdviserSEC v. Vale)
  • Update on crypto securities claims and related rulemaking and enforcement, including cases applying the Howey test (SEC v. LBRYSEC v. Ripple) and indictments for “insider trading” in NFT market
  • Forum Wars: Circuit split over enforceability of forum provisions that prohibit federal claims (7CA vs 9CA), and state court decisions enforcing federal forum provisions following Cyan and Sciabacucchi
  • Scheme liability after Lorenzo – the circuit split between SEC v. Rio Tinto (2CA) and In re Alphabet Sec. Litig. (9CA)
  • Section 11 standing and traceability – Ninth Circuit’s decision in Pirani v. Slack and cert petition
  • Impending SCOTUS decision on constitutionality of SEC admin judges (SEC v. Cochran, oral argument heard on 11/7/22)
  • The Journey Continues – Goldman’s third trip to the Second Circuit, and application of the Supreme Court’s Goldman opinion by lower courts

Practices