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- Deadline Day: Momentous SEC Decision on Spot Bitcoin ETF Expected Today
Deadline Day: Momentous SEC Decision on Spot Bitcoin ETF Expected Today
Plus a "compromise" of the SEC's Twitter account caused chaos on Deadline Day Eve.
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Renee Zaytsev has joined Boies Schiller Flexner LLP as a partner in the firm’s New York office.
David Spears, Linda Imes, and Chris Dysard have joined Blank Rome LLP ias partners in the firm’s New York office.
Robert Cleary, former U.S. Attorney in the District of New Jersey and in the Southern District of Illinois, has joined Patterson Belknap Webb & Tyler LLP as Of Counsel in New York.
Carolyn Small, former AUSA in the Central District of California, has joined Jenner & Block as Special Counsel in its Los Angeles office.
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It’s Deadline Day for an SEC Decision on Spot Bitcoin ETFs. Here’s What to Watch.
Today could be the day.
The Securities and Exchange Commission faces a final deadline Wednesday to rule on at least one of 11 applications for exchange-traded funds that hold bitcoin. The decision is long awaited by cryptocurrency watchers—and the prospect that some or all of the applications will be approved has lately been seen as bullish for bitcoin.
There was some drama late Tuesday: After a message on the social network X said the SEC had approved the funds, the message was deleted and the agency said its account had been “compromised.”
Assuming that drama doesn’t create an extra delay, four scenarios could play out:
–The SEC could approve all 11 applications. While it technically needs to act on only one—from a joint venture that includes Cathie Wood’s ARK Investment Management—it might do so to remove the appearance of favoritism.
–It could reject all 11. That is seen as unlikely at this stage.
–It could approve applications submitted by exchanges, but not by asset managers, since different divisions handle those categories.
–It could do something more complex.
👉 There was already massive drama leading up to today’s expected decision by the SEC on spot Bitcoin ETFs, with an entire fledgling industry watching and Bitcoin derivatives traders betting billions on whether these ETFs will be approved.
And then yesterday at 4:11 pm ET, this happened…
SEC’s X Account Hacked, Causing Frenzy Over Bitcoin ETF
For 15 minutes, the cryptocurrency industry was euphoric.
At 4:11 p.m. on Tuesday, the official X account of the Securities and Exchange Commission announced that regulators had approved a new investment product tracking the price of Bitcoin, an apparent victory for embattled crypto supporters. Coinbase, a giant crypto exchange, posted a celebratory banner. Crypto executives hailed it as a historic day for the industry. Bitcoin’s price spiked.
Then at 4:26 p.m., Gary Gensler, the chair of the S.E.C., posted that the agency’s account had been compromised, resulting in an “unauthorized tweet.” An S.E.C. spokeswoman confirmed the hack in an emailed statement.
The @SECGov twitter account was compromised, and an unauthorized tweet was posted. The SEC has not approved the listing and trading of spot bitcoin exchange-traded products.
— Gary Gensler (@GaryGensler)
9:26 PM • Jan 9, 2024
Does this look like a fake tweet from a hack, or a pre-prepared tweet accidentally posted? twitter.com/i/web/status/1…
— Mario Nawfal (@MarioNawfal)
10:37 PM • Jan 9, 2024
👉 Later last night, X Safety posted here that the SEC “did not employ basic security measures on its X (formerly Twitter) account when it was ‘compromised.’” X Safety added that “the compromise was not due to any breach of X’s systems, but rather due to an unidentified individual obtaining control over a phone number associated with the @SECGov account through a third party.”
As you might expect, this “compromise” of the SEC’s Twitter account at the absolute worst time drew massive attention, criticism, mockery, Congressional scrutiny, etc:
Biting my tongue so hard it's bleeding...
— paulgrewal.eth (@iampaulgrewal)
9:40 PM • Jan 9, 2024
🚨BREAKING: Senators @JDVance1 & @SenThomTillis Demand Explanation For The SEC's Errant Announcement Of The Approval Of Spot-Bitcoin ETFs
"It is unacceptable that the agency entrusted with regulating the epicenter of the world’s capital markets would make such a colossal error."
— Senator Vance Press Office (@SenVancePress)
3:28 AM • Jan 10, 2024
#Bitcoin will be the only thing ever approved twice by the @SECGov.
— Michael Saylor⚡️ (@saylor)
9:55 PM • Jan 9, 2024
@SECGov Hi @GaryGensler this is a reminder to secure your financial accounts as well as protect against identity theft and fraud.
Remember to:
🔒Use strong passphrases or passwords
🔒Set up multifactor authentication
🔒Keep account alerts turned on#CybersecurityAwarenessMonth
— ZachXBT (@zachxbt)
3:40 AM • Jan 10, 2024
A Riverside County man has pleaded guilty to a federal criminal charge for running a Ponzi scheme that lasted nearly 20 years and fraudulently obtained more than $24 million from at least 200 investors, the Justice Department announced today.
Paul Horton Smith Sr., 59, of Moreno Valley, pleaded guilty late Monday afternoon to one count of wire fraud.
According to his plea agreement, Smith operated Riverside-based companies named Northstar Communications LLC, Planning Services Inc., and eGate LLC. From July 2000 to May 2020, Smith obtained money from investors by soliciting individuals – who often were elderly or retired – to invest in something Smith called “Northstar.” Some of the investors previously were Planning Services clients.
***
While Smith led most Northstar investors to believe his company reinvested their initial investment, generating the percentage they were to earn, in fact, he never invested the money. Instead, Smith deposited all investor funds into a non-interest-bearing checking account.
Cybersecurity Rule Could Prompt Firms to ‘Cry Wolf’
The SEC cybersecurity incident disclosure rules that went into effect in December require public companies to report “material” cybersecurity incidents within four business days of determining the incident’s materiality.
As the former chief security officer of Facebook and Uber who experienced his own travails dealing with cyberattacks, Sullivan is concerned that the SEC’s rule may result in premature or inadvertently inaccurate disclosures because of the inherent conflict between the chief information security officer’s proper impulse to “pull every fire alarm” at the first hint of a hack and the rapidly evolving, forensically challenging nature of cyber breaches.
Women Exceed 50% of Law Firm Associates for First Time
Women make up more than 50% of law firm associates, the first time they achieved that threshold in the 32 years the National Association of Law Placement has been tracking the data.
Women associates have steadily made progress in joining associate ranks over the last five years. They made up nearly 46% of associates in 2018, according to NALP. The report also shows women make up nearly 40% of all attorneys at firms in 2023, the highest percentage NALP has tracked.
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FTI Consulting’s December 2023 Activism Vulnerability Report highlights industries vulnerable to shareholder activism through the year-end. Despite expectations following the introduction of the UPC last year, U.S. shareholder activism remains at or below previous years' levels during the 2023 proxy season.
The third quarter results of our Activism Vulnerability Screener returned to the historical trend of relative stability following the exceptionally volatile rankings of the second quarter of this year. Highlights include:
Biotechnology and Aviation & Airlines now lead the vulnerability list.
Financial Conglomerates made the most significant move, climbing 12 spots to 19th.
The Automotive industry rose nine spots to 12th due to fall labor strikes, impacting production.
The TMT sector experienced a surge in activity, with a 120% increase in campaigns during 3Q compared to the same quarter last year.
Stay informed about the shifting landscape of shareholder activism by reading our latest report: https://bit.ly/3PxbKZu
That was not a hack.
That was an employee screwing up a scheduled post.
And/or a slick way to clear out leverage in #Bitcoin.
Approvals are still coming tomorrow.
Get some sleep.
But only if you’ve already gotten to ONE #Bitcoin.
— British HODL ❤️🔥🐂❤️🔥 (@BritishHodl)
3:03 AM • Jan 10, 2024
Serious question.
If the @SECGov goes ahead with approvals of $BTC Spot ETFs today, will we see a social media post from them about it?
— Eleanor Terrett (@EleanorTerrett)
12:18 PM • Jan 10, 2024
"I think in the next 12 months #Bitcoin will reach over $100,000...maybe $150,000," says @fundstrat. "There's potentially a huge increase in demand with a Spot Bitcoin approval so I think in five years something around half a million is definitely achievable."
— Squawk Box (@SquawkCNBC)
12:33 PM • Jan 10, 2024
Telling my friends about the SEC #Bitcoin ETF drama today
— Dan Webb (@hrtlndbitcoin)
12:51 AM • Jan 10, 2024
LFGDogeToTheMoon!!
— Elon Musk (@elonmusk)
10:15 PM • Jan 9, 2024
Per *its own rules*, w/in 4 days the SEC should disclose the incident's nature and scope, and the impact on the market along with a description of its processes for assessing, identifying, and preventing such cybersecurity threats. sec.gov/news/press-rel…
— Stuart Alderoty (@s_alderoty)
11:57 PM • Jan 9, 2024