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Capital Markets
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May 19, 2025
SEC's 'Shadow Trading' Win Should Be Tossed, 9th Circ. Told
An ex-Medivation Inc. executive found liable in the U.S. Securities and Exchange Commission's first-ever "shadow trading" case has asked the Ninth Circuit to overturn the verdict, arguing that his company's policies should have kept the matter from going to a jury in the first place.
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May 19, 2025
Terror Claimants Get OK To Serve Ex-Binance CEO's Counsel
A group of claimants suing Binance for allegedly abetting terrorist attacks have won permission to serve the cryptocurrency exchange's former CEO through his domestic counsel, after a New York federal judge found Friday that the plaintiffs had tried, unsuccessfully, to find his address in the United Arab Emirates.
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May 19, 2025
Real Estate CEO Gets 87 Months For $63M Crowdfund Fraud
The former CEO of a real estate investment firm who copped to ripping off investors in a crowdfunded $63 million development scheme was hit with a seven-plus-year prison sentence Monday from a Georgia federal judge who said the financier's "addiction to optimism" had been his ruin.
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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
MicroStrategy Faces Investor Suit Over Bitcoin Strategy
Analytics software company MicroStrategy was hit with a proposed shareholder class action alleging that it downplayed the risk of major financial losses that would follow an update to its crypto accounting methodology.
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May 19, 2025
Binance Argues All Class Members Must Arbitrate Claims
Crypto exchange Binance has urged a New York federal judge to require arbitration for all plaintiffs in a proposed class action accusing the crypto exchange of improperly selling securities, saying its terms of use include a class action waiver.
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May 19, 2025
Minority Investors Claim Colo. Gas Co. Forced Unfair Buyout
Two shareholders are suing a Denver natural gas marketing company, its board and majority shareholders for allegedly forcing minority owners to redeem shares at far below their value, claiming in a Colorado state court complaint that the forced sell-off amounted to self-dealing that violated an operating agreement.
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May 19, 2025
'Tornado Cash' Founder Says Feds Withheld Key Evidence
Tornado Cash founder Roman Storm is demanding federal prosecutors conduct a "thorough" review for additional evidence in his case after the government disclosed in a separate crypto mixer prosecution that Treasury employees had a contrary view of the Justice Department's unlicensed money transmission theory.
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May 19, 2025
CFTC Should Pay $3M Atty Fees After Sanctions, Firm Says
A foreign exchange firm that won dismissal of a U.S. Commodity Futures Exchange Commission case after a New Jersey federal judge sanctioned the agency for bad faith behavior now says the CFTC should have to pay nearly $3 million for failing to own up to its mistake sooner.
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May 19, 2025
AI Startup CoreWeave Seeks $1.5B Debt After IPO Shortfall
Artificial intelligence startup CoreWeave Inc. said Monday it plans to raise $1.5 billion in debt less than two months after its highly anticipated initial public offering fell short of expectations, represented by Kirkland & Ellis LLP and Fenwick & West LLP.
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May 19, 2025
Ex-Bank GC Fights $7.4M Fraud Restitution Schedule
A former Webster Bank general counsel has opposed part of a government plan for repaying the $7.4 million he pled guilty to taking by fraud, saying he will be in prison for four years, resigned as an attorney, remains unemployed and cannot work in banking once he's free.
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May 16, 2025
FINRA Fines BTG Pactual Unit Over Lax AML Compliance
A U.S. brokerage unit of Brazilian investment bank BTG Pactual will pay $400,000 to the Financial Industry Regulatory Authority to settle claims that, among other things, its written policies didn't explain how it would monitor wire transfer requests to stay in compliance with anti-money laundering provisions.
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May 16, 2025
FINRA Faces Calls To Narrow Its Outside Biz Rule Revamp
The Financial Industry Regulatory Authority has received a range of feedback on its proposal to streamline reporting requirements for firm representatives' outside business activities, with industry groups urging various tweaks to the measure, and a state regulator and investment adviser group opposing it outright.
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May 16, 2025
IPO Pipeline Restarts As Tariff-Related Volatility Eases
Initial public offerings are showing life again after a tariff-induced slumber, buoyed by strong debuts and a growing pipeline as more venture-backed technology startups are lining up public listings before Memorial Day and into June.
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May 16, 2025
CFTC May Be Hobbled As Another Member Announces Exit
The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero announced Friday that she will be stepping down as commissioner at the end of the month, potentially leaving the agency struggling to move forward with only two members as it awaits congressional action on President Donald Trump's nominee for chair.
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May 16, 2025
SEC X Account Hack Conspirator Gets 14 Months
An Alabama man was sentenced in D.C. federal court Friday to 14 months behind bars for his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy.
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May 16, 2025
Coinbase Users Sue Over Bribery-Linked Data Breach
Crypto exchange Coinbase faces a wave of lawsuits from users accusing it of negligent information security practices after the exchange disclosed that an unknown perpetrator had stolen customer data by bribing overseas workers.
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May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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May 16, 2025
Feds Say Con Man Galanis Can't Recoup $2M Despite Clemency
Prosecutors have asked a New York federal judge to deny a request from convicted fraudster Jason Galanis to recoup $2.17 million he paid in criminal fines, after his nearly 16-year prison sentence was commuted by President Donald Trump.
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May 16, 2025
Taxation With Representation: Blakes, Davies, Goodmans
In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.
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May 16, 2025
1MDB Prosecutors Seek Leniency For Ex-Goldman Banker
Prosecutors asked a Manhattan federal judge for leniency when sentencing a former Goldman Sachs partner who cooperated in the investigation into the 1MDB scandal and testified at his former colleague's trial, citing his "extraordinary" assistance.
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May 16, 2025
US Auto Parts Maker Eyes London Listing After £1.2B UK Deal
American Axle said Friday that it is planning a secondary listing in the U.K. after it takes over automotive group Dowlais, which trades in London, in a £1.16 billion ($1.5 billion) deal, appeasing shareholders across the Atlantic.
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May 15, 2025
Coinbase Confirms SEC Probe, Discloses User Data Breach
Crypto exchange Coinbase said Thursday that it's cooperating with a U.S. Securities and Exchange Commission investigation over concerns about how it reported its user metrics in past disclosures, addressing the matter hours after it separately disclosed that it had been extorted over stolen user data.
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May 15, 2025
DC Circ. Questions Exchanges' Challenge To SEC Fee Caps
A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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A 2-Step System For Choosing A Digital Asset Reporting Path
Under the Internal Revenue Service's new digital asset reporting regulation, each type of asset may have three potential reporting destinations, so a detailed testing framework can help to determine the appropriate path, says Keval Sonecha at Sonecha & Amlani.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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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.