How New SEC Rules Could Shape Future Litigation
In this episode of The SPAC Podcast, Nick Morgan, Partner at Paul Hastings LLP and co-founder of ICAN (Investor Choice Advocates Network), explains how the SEC’s new SPAC rules may influence litigation risk for sponsors and targets.
Drawing on his experience as an SEC trial counsel, Nick notes that while today’s SEC may be less aggressive than under Chair Gensler, the statute of limitations is long, sometimes six years, ten years, or even unlimited for certain claims.
That means SPAC activity happening today could still face scrutiny under a future, more activist SEC administration.Sponsors and targets shouldn’t assume a friendlier environment today eliminates long-term regulatory risk.
Connect with the Guest:
Nick Morgan – Partner, Paul Hastings LLP | Co-Founder, ICAN
LinkedIn: https://www.linkedin.com/in/nicholasrmorgan/
View all of their episodes here:
https://www.thespacpodcast.com/guests/nick-morgan/
Connect with the Hosts & The SPAC Podcast:
Michael Blankenship LinkedIn:
https://www.linkedin.com/in/mikeblankenship/
Joshua Wilson LinkedIn:
https://www.linkedin.com/in/joshuabrucewilson/
YouTube Channel:
https://www.youtube.com/@Thespacpodcast
Contact The SPAC Podcast:
https://www.thespacpodcast.com/contact/
#SPACs #CapitalMarkets #SPACPodcast #SEC #LitigationRisk #InvestorProtection #ICAN
Disclaimers:
The views, opinions, and statements expressed by the guest are solely their own and do not necessarily reflect the views of The SPAC Podcast, its hosts, or affiliated organizations. This content is for informational purposes only and should not be construed as investment, legal, tax, or accounting advice.
Michael J. Blankenship is a licensed attorney and is a partner at Winston & Strawn LLP. Joshua Wilson is a licensed Florida real estate broker and holds FINRA Series 79 and Series 63 licensure. The content of this podcast is intended for informational and educational purposes only and should not be interpreted as legal, financial, or compliance advice. The views and opinions expressed by the hosts and guests are their own and do not necessarily reflect the official policies or positions of any regulatory agency, law firm, employer, or organization.
Listeners are encouraged to consult their own legal counsel, compliance professionals, or financial advisors to ensure adherence to applicable laws and regulations, including those enforced by the SEC, FINRA, and other regulatory bodies. This podcast does not constitute a solicitation, offer, or recommendation of any financial products, securities transactions, or legal services.
Let’s Connect on LinkedIn:
👉 Michael J. Blankenship - https://www.linkedin.com/in/mikeblankenship/
👉 ...
Michael Blankenship:
The new SPAC rules introduce new liabilities and expand the definition of a blank check company. How do you see these changes affecting litigation for sponsors and targets?
Nick Morgan:
I don’t think the current SEC will get into SPAC minutiae the way the Gensler SEC did. But the statute of limitations is long sometimes six years, ten years, or even indefinite.
That means SPAC activity today could still be subject to scrutiny years from now, if a future SEC becomes more activist. Just because today’s environment feels more friendly doesn’t mean sponsors and targets are out of the woods.
Nick Morgan
President
Nick Morgan is a pro bono trial counsel who focuses on SEC investigations and litigation. He is the President and Founder of the Investor Choice Advocates Network (ICAN). Before founding ICAN, Morgan was a partner and office litigation chair at the law firm Paul Hastings and previously served as a Senior Trial Counsel at the SEC.