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Capital Markets
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July 02, 2025
SEC Staff Shares Disclosure Guidance For Crypto ETPs
The U.S. Securities and Exchange Commission staff is providing more insight on its expectations around disclosures for novel crypto exchange-traded products, urging issuers to share risks specific to the product and use plain language over technical jargon to explain the business.
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July 02, 2025
CoastalSouth Bank Raises $44M In Downsized IPO At Low End
CoastalSouth Bancshares Inc. began trading Wednesday after the South Carolina- and Georgia-focused bank priced a downsized $44 million initial public offering at the bottom of its range, represented by Alston & Bird LLP and underwriters' counsel Troutman Pepper Locke LLP.
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July 02, 2025
Justices Won't Hear Crypto Firms' Venue Statute Case
The U.S. Supreme Court has said it will not take up a petition from the Binance-branded U.S. exchange and an affiliated crypto data site to resolve what they call a circuit split in a case accusing Binance.US of artificially deflating the price of a cryptocurrency token by lowering its ranking on the Binance exchange.
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July 02, 2025
Bermuda Firm Wants US Co. To Honor Arbitration Summons
A Texas federal court has ordered U.S. consumer credit company Americor to respond to allegations that it's refusing to comply with an arbitrator's summons in a Bermuda-based financial firm's dispute involving an ex-employee and a noncompete agreement.
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July 02, 2025
Atkins Says SEC Is Taking A Fresh Look At SPAC Regulations
U.S. Securities and Exchange Commission Chair Paul Atkins said Wednesday that regulators are reviewing recently beefed-up rules governing special-purpose acquisition companies as part of a broader policy of increasing public listings.
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July 02, 2025
SEC Says Ex-Calif. Atty, Execs Facilitated $112M Stock Fraud
The U.S. Securities and Exchange Commission has filed suit against a disbarred California attorney and several CEOs of penny stock companies, claiming that they helped an outside party facilitate a $112 million pump-and-dump fraud scheme.
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July 02, 2025
SpaceX Investor Wins $1 After Suing Over $50M Deal Scratch
A China-tied company that sued a California-based private equity firm for walking back a purported agreement to make a $50 million investment in SpaceX in November 2021 has won a single dollar in damages after a three-year, multiclaim Delaware Court of Chancery suit and trial.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
Brainlab Delays Frankfurt IPO Amid Market Uncertainty
German medical technology business Brainlab SE said Wednesday that it will postpone its planned approximately €520 million ($612 million) initial public offering on the Frankfurt stock exchange, after it failed to announce the final price of its shares expected a day earlier.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Crypto Developer Fights To Keep Money Transmitter Suit Alive
A crypto crowdfunding software developer has said in federal court that the U.S. Department of Justice should face a lawsuit that seeks to protect software firms from enforcement action, arguing that previous actions taken by the department jeopardize the future of his forthcoming crypto venture.
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July 01, 2025
Deutsche Faces Investor Bid To Renew UK Bond-Rigging Case
An Oklahoma pension fund moved Monday to revive its New York federal court case over alleged price-fixing of U.K. government bonds, citing newly obtained chat transcripts and other material that it says bolster its claims against Deutsche Bank.
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July 01, 2025
Judge Advances Shaq And FTX Investors' $1.8M Deal
A $1.8 million settlement between FTX investors and former NBA star Shaquille O'Neal has received preliminary sign-off from a Florida federal judge in a step toward confirming the deal that would resolve claims that the retired NBA star misled FTX investors with his alleged promotion of the now-collapsed cryptocurrency exchange.
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July 01, 2025
Fenwick, Latham Lead Web-Design Giant Figma's IPO Filing
Web-design software maker Figma Inc. on Tuesday filed for an initial public offering, joining a growing pipeline of IPO candidates as summer heats up, represented by Fenwick & West LLP and underwriters counsel Latham & Watkins LLP.
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July 01, 2025
Banking Veteran's Latest SPAC Leads 3 IPOs Raising $420M
Banking executive Betsy Cohen's latest special purpose acquisition company began trading Tuesday after raising $220 million, in the largest of three initial public offerings totaling $420 million to join a resurgent SPAC market.
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July 01, 2025
Banking Groups Call For Indexing Of Regulatory Thresholds
The American Bankers Association and its state counterparts are urging federal regulators to prioritize updating thresholds that trigger heightened supervisory obligations to account for inflation and the growth of the banking sector, arguing that the current standards unintentionally subject some institutions to burdensome requirements.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Virtu, SEC Move To Settle Information Security Suit
The U.S. Securities and Exchange Commission and Virtu Financial Inc. told a New York federal judge on Tuesday that they have struck a tentative deal to end a lawsuit accusing the broker-dealer of failing to adequately protect customer data.
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July 01, 2025
FTX Bahamas, Celsius Settle Clawback Claims
Crypto exchange FTX's Bahamas unit and crypto lender Celsius Network have reached a deal to end Celsius' attempt to claw back $516.6 million transferred out of Celsius accounts just prior to its Chapter 11 filing.
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July 01, 2025
Oppenheimer Drops Suit Over Ex-Adviser's Ponzi Scheme
Oppenheimer & Co. Inc. has dropped its suit against three North Carolina residents challenging whether they are entitled to arbitrate their case against the financial services giant over a Ponzi scheme orchestrated by a former employee, court records show.
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July 01, 2025
Axing Lit Funding Tax Bid Relieves Industry But Fears Remain
Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.
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July 01, 2025
NY AG Urges Lawmakers To Strengthen Stablecoin Legislation
New York's Attorney General Letitia James is calling on U.S. lawmakers to strengthen pending bills to regulate so-called stablecoins in a letter made public Tuesday that argued neither the House nor the Senate's proposals contain the necessary guardrails to protect consumers.
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July 01, 2025
Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules
A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.
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July 01, 2025
Willkie Lands Former Orrick Energy Leader In Houston
The former global energy and infrastructure sector leader at Orrick Herrington & Sutcliffe LLP has moved his practice to Willkie Farr & Gallagher LLP in Houston, Willkie announced Tuesday.
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July 01, 2025
Linklaters Continues US Growth With NY Capital Markets Atty
Linklaters LLP has brought on the former co-head of Proskauer Rose LLP's capital markets group as a capital markets and mergers and acquisitions partner in New York.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Ban On Reputation Risk May Help Bank Enforcement Defense
The Comptroller of the Currency and Federal Deposit Insurance Corp.’s recent commitment to stop examining banks for reputation risk could help defendants in enforcement actions challenge unfavorable assessments and support defendants' arguments for lower civil money penalties, says Brendan Clegg at Luse Gorman.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Assessing Market Manipulation Claims In Energy Markets
Today's energy markets are conducive to sudden price changes, breakdowns in pricing linkages and substantial shifts in trading patterns, so it's necessary to take a holistic view when evaluating allegations of market manipulation, say Maximilian Bredendiek, Greg Leonard and Manuel Vasconcelos at Cornerstone Research.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Opinion
Ripple Settlement Offers Hope For Better Regulatory Future
The recent settlement between the U.S. Securities and Exchange Commission and Ripple — in which the agency agreed to return $75 million of a $125 million fine — vindicates criticisms of the SEC and highlights the urgent need for a complete overhaul of its crypto regulation, says J.W. Verret at George Mason University.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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OCC Patriot Bank Order Spotlights AML Issues For Managers
The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.