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Commentary by Steven Lofchie

A DeFi Fund and an apparel company sued the SEC to prevent it from taking any action against the clothing company's recent "airdrop" of tokens. They argued that the SEC "has adopted an aggressive and expansive view of its own authority to regulate virtually all digital assets and transactions involving digital assets."

Commentary by Eamonn K. Moran

In CFPB v. National Collegiate Master Student Loan Trust, et. al., a three-judge panel of the U.S. Circuit Court of Appeals for the Third Circuit considered two issues: (i) whether the fifteen appellant trusts were "covered persons" subject to the CFPA and (ii) whether the original lawsuit had to be ratified because the action was initiated while there was a constitutional deficiency within the CFPB.