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The staff of the SEC's Division of Investment Management issued a no-action letter stating that it would not recommend enforcement action against an exchange-traded fund that accepts creation baskets containing securities in an industry in which the ETF is experiencing a passive exceedance of its disclosed concentration policy.

Steven Lofchie Commentary by Steven Lofchie

The U.S. Court of Appeals for the Second Circuit unanimously affirmed the conviction of Samuel Bankman-Fried, the founder of FTX, on seven counts of fraud and conspiracy arising from the collapse of the digital-asset exchange and Alameda Research, its affiliated trading firm.

The staff of the SEC's Office of Structured Finance, Division of Corporation Finance, has told Latham & Watkins LLP that it agrees that the fixed-income or other securities issued in data center securitizations of the type described in the firm's request are not asset-backed securities as defined in Exchange Act Section 3(a)(79) ("Definitions and application").