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Asset Management
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May 22, 2025
Oyster Enterprises II SPAC Prices $220M IPO
Special purpose acquisition company Oyster Enterprises II Acquisition Corp. began trading publicly on Thursday following its $220 million initial public offering.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
9th Circ. Says Ex-Intel Worker's ERISA Suit Short On Specifics
The Ninth Circuit declined Thursday to reinstate a former Intel worker's suit claiming the company pushed employees' retirement savings into hedge and private equity funds that performed worse than traditional assets, ruling he failed to show that any investment vehicles with similar risk-mitigation strategies pulled better returns.
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May 21, 2025
Latham Leads Pair Of Venture-Backed IPOs Raising $624M
Artificial-intelligence powered physical therapy startup Hinge Health Inc. raised an estimated $437 million initial public offering at the top of its range Wednesday, leading two venture-backed IPOs that netted more than $624 million combined, both represented by Latham & Watkins LLP.
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May 21, 2025
6th Circ. Revives Yacht Co.'s ERISA Health Fee Claims
The Sixth Circuit on Wednesday revived a Michigan yacht company's federal benefits lawsuit against Blue Cross Blue Shield of Michigan, holding that a lower court wrongly tossed allegations that excessive healthcare fees breached fiduciary duties and caused prohibited transactions.
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May 21, 2025
Kirkland, Fenwick Lead CoreWeave's Upsized $2B Debt Offer
Artificial intelligence startup CoreWeave Inc. on Wednesday said it raised $2 billion in debt through an upsized offering, represented by Kirkland & Ellis LLP and Fenwick & West LLP, that netted $500 million more than its initial target.
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May 21, 2025
NY Firm To Repay $1M, Avoids Fine Over Illiquid Investments
New York-based broker-dealer David Lerner Associates Inc. has agreed to pay more than $1 million in restitution to end the Financial Industry Regulatory Authority's allegations that the firm's inadequate supervisory system failed to flag representatives' recommendation of illiquid limited partnerships to thousands of customers, in a settlement that includes no fine against the firm.
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May 21, 2025
Crypto Influencer's SPAC Leads 2 Offerings Totaling $420M
A special purpose acquisition company led by crypto influencer Anthony Pompliano and advised by Reed Smith LLP raised $220 million as it went public on Wednesday, while another fintech-focused blank check company advised by DLA Piper raised $200 million in its own offering.
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May 21, 2025
Payday Lender's Ex-CEO Pleads Guilty In $66M Ponzi Scheme
The former CEO of a Miami payday loan company pled guilty Wednesday to operating a Ponzi scheme that prosecutors say fraudulently raised $66 million from more than 500 investors.
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May 21, 2025
Atty Has Bail Revoked For Continuing Embezzlement After Arrest
A Massachusetts magistrate judge on Wednesday revoked bail for an attorney who pled guilty to embezzling more than $3 million from several companies and two family members with special needs and dementia, after prosecutors said he was still siphoning funds from victims' accounts after being charged.
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May 21, 2025
Crestline Investors Closes $1.7B NAV Financing Fund
Crestline Investors said Wednesday that it has closed its third commingled net asset value, or NAV, financing fund with $1.7 billion in capital, as the private equity firm continues its strategy of offering alternative investment and liquidity options amid a volatile exit environment.
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May 21, 2025
Simpson Thacher, Hogan Lovells Guide $1.75B Shipping Deal
Typewriter Ascend Ltd., an entity backed by Stonepeak and affiliated with container leasing firm Textainer, has agreed to acquire Global Sea Containers Ltd. from China's Bohai Leasing Co. in a deal valued at $1.75 billion.
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May 20, 2025
Mass. Atty Admits Stealing From Relatives With Special Needs
A Massachusetts attorney Monday pled guilty to embezzling more than $3 million from several companies for which he was working as a bookkeeper as well as from two family members with special needs and dementia, according to a plea agreement filed in Bay State federal court.
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May 20, 2025
Chancery Orders EB-5 Co. Head To Pay Ousted Member $6.9M
A Delaware vice chancellor has ordered the founder and controller of a Philadelphia-based center that oversees an investment incentive program for foreign nationals to pay nearly $6.9 million to a member who was obliged to cash out under what the court found to be unfair, conflicted terms.
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May 20, 2025
J&J Workers Reassert Drug Costs Resulted In Concrete Harm
Johnson & Johnson workers are urging a New Jersey federal court to maintain their proposed class claims that the company botched the management of prescription drug costs in its employee healthcare plan by allowing excessive pharmacy costs, asserting that company mismanagement resulted in concrete harm.
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May 20, 2025
Ex-Worker Accuses TIAA Of Mismanaging 401(k) Plans
An ex-worker accused the Teachers Insurance and Annuity Association of America of violating federal benefits law by keeping costly and underperforming fund offerings in its two employee 401(k) retirement plans, in a proposed class action lodged Tuesday in New York federal court.
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May 20, 2025
Awardco Nabs $1B Valuation After $165M Equity Infusion
Goodwin Procter LLP-led Awardco, an employee rewards and recognition software company, announced Tuesday it hit a $1 billion valuation after scoring a $165 million minority investment from two private equity firms.Â
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May 20, 2025
Beach Point Nabs Nearly $1.3B For Private Credit, Real Estate
Beach Point Capital Management said Tuesday it has raised nearly $1.3 billion across two investment funds, as it continues to build out its offerings in private credit and real estate.
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May 20, 2025
Chinese EV Battery Giant Generates $4.6B IPO Amid Tensions
Electric-car battery maker Contemporary Amperex Technology Co. Ltd. began trading in Hong Kong after raising a $4.6 billion initial public offering, completing the year's largest equity offering globally despite tension between Washington and Beijing, guided by four law firms.
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May 19, 2025
Vanguard $40M Deal Rejected In Investors' Tax Fight
A Pennsylvania federal judge on Monday rejected a $40 million proposed settlement between Vanguard and investors, blocking the investors' attorneys from netting $13 million in fees and embracing the objections of one investor who called out the deal — meant to compensate for surprise tax bills — as worthless.Â
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May 19, 2025
Diamond Dealer Sentenced In $13M Fla. Fraud Case
A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.
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May 19, 2025
Binance Calls FTX Ch. 11 Clawback Suit 'Legally Deficient'
Binance has asked a Delaware bankruptcy judge to dismiss FTX's lawsuit seeking to recover $1.76 billion that was transferred to Binance, accusing the estate of FTX of trying to "shift the blame" for that company's November 2022Â collapse.
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May 19, 2025
SEC's 'New Day' Could Cause Financial Crisis, Member Warns
U.S. Securities and Exchange Commission Chair Paul Atkins on Monday promised a "new day" for the agency that could bring a host of changes around private fund investments, cryptocurrency and the collection of market data, but the commission's sole Democrat warned that new leadership was playing a "dangerous game" that could lead to a 2008-style financial crisis.
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May 19, 2025
Ex-Workers Want Mercer Global's Info Theft Suit Tossed
Two former employees and their new company have asked a Georgia federal court to dismiss wealth management firm Mercer Global Advisors' lawsuit accusing them of stealing confidential information to unlawfully solicit clients and transfer $90 million to their new business.
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May 19, 2025
Electric, Nuclear Valve Co. Escape Pension Dispute
A federally owned electric company and a contractor were not required to make pension fund contributions to a plumbers and steamfitters union because the contracted valve work was an exempt specialty contract, a Tennessee federal judge ruled in a lawsuit Monday.
Expert Analysis
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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A Primer On The Trading And Clearing Of Perpetual Contracts
The U.S. Commodity Futures Trading Commission recently released a request for comment on the trading and clearing of perpetual-style derivatives, most common in the cryptocurrency market, necessitating a deep look at how these contracts operate and their associated risks, say attorneys at Moore & Van Allen.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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SEC Update May Ease Accredited Investor Status Verification
The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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1st Circ. Ruling May Slow SEC Retail Investment Advice Cases
The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.