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Securities

  • June 11, 2025

    BofA, FDIC Seek More Time To Finalize $540M Premiums Deal

    Bank of America has confirmed it won't be appealing an order directing it to pay $540 million to the Federal Deposit Insurance Corp., asking a Washington, D.C., federal judge for more time to confirm their agreement on calculations related to the payment.

  • June 11, 2025

    PepGen Faces Investor Suit Over Muscular Dystrophy Drug

    Clinical-stage biotech company PepGen Inc. has been hit with a proposed shareholder class action alleging it misled investors about the efficacy and commercial prospects of its muscular dystrophy drug, causing share price declines as investors learned of the drug's clinical trials' shortcomings.

  • June 11, 2025

    Stripe Buying Crypto Wallet Co. Privy Amid Expansion

    Privy, a startup offering crypto wallet technology for developers, said Wednesday that it will be acquired by payments company Stripe and expects to close the transaction "in the coming weeks."

  • June 11, 2025

    1st Circ. Won't Rethink Split Ruling On Atty's Stock Scheme

    A First Circuit panel won't rethink its 2-1 decision that the U.S. Securities and Exchange Commission could keep its pretrial win against a Connecticut attorney who sold unregistered penny stocks, according to an order from the appellate court.

  • June 11, 2025

    Del. Justices OK Early Review Of New Corp. Liability Shield

    Delaware's justices agreed to a fast-tracked state constitutional review Wednesday for questions in a Court of Chancery case affected by state legislation approved in March that expanded and made retroactive "safe harbor" liability shields for conflicted corporate directors or controllers.

  • June 10, 2025

    House Ag Committee Advances Crypto Market Structure Bill

    The House Committee on Agriculture on Tuesday advanced a bill to regulate digital asset markets with broad bipartisan support despite concerns from Democrats that the U.S. Commodity Futures Trading Commission will need more funding to accomplish the broad crypto mandate contemplated by the bill.

  • June 10, 2025

    Chancery Sends Protein Co. Suit Toward Trial With Caution

    A suit accusing company insiders and investors of exploiting their position to sell plant protein venture Nutriati Inc. to a major investor for an unfair price easily survived a Delaware Court of Chancery dismissal bid Tuesday, but with a court caution that litigation costs could outweigh the stakes.

  • June 10, 2025

    Chamber Calls On Justices To Hear Auditor Fraud Case

    The U.S. Chamber of Commerce is among the parties calling on the U.S. Supreme Court to take up a case accusing BDO USA LLP of securities fraud, telling the justices that allowing a Second Circuit ruling to stand could lead to more lawsuits against accountants, lawyers and underwriters.

  • June 10, 2025

    9th Circ. Revives Real Estate Investor Securities Suit, Again

    The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.

  • June 10, 2025

    Feds Reboot FCPA Agenda With Narrower Enforcement Focus

    The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.

  • June 10, 2025

    First Republic Brass Beat Investor Suit Over Bank Failure

    A California federal judge dismissed for good a shareholder suit against the former directors and officers of now-failed First Republic Bank and its auditor over the lender's 2023 collapse, finding that the plaintiffs failed to first exhaust their required administrative remedies and, therefore, the court does not have jurisdiction to hear the case.

  • June 10, 2025

    Senate Dems Seek To Slow GOP Roll On ÃÛÌÒÊÓÆµ Defunding Bill

    Senate Banking Committee Democrats are demanding a hearing on GOP budget legislation that would defund the Consumer Financial Protection Bureau and make other financial agency cuts, arguing that its "sweeping" plans should be scrutinized before going to the floor.

  • June 10, 2025

    Shaq To Pay $1.8M Over FTX Investors' Promotion Claims

    Retired NBA star Shaquille O'Neal has agreed to pay $1.8 million to resolve claims he promoted crypto exchange FTX to the detriment of investors prior to its stunning collapse.

  • June 10, 2025

    Alphabet Investor Sues Company For TikTok Docs

    An Alphabet Inc. shareholder filed suit on Tuesday against the Google parent company in Delaware Chancery Court, seeking access to the company's books and records to investigate its compliance with a ban on the distribution of the TikTok mobile app under the Protecting Americans from Foreign Adversary Controlled Applications Act.

  • June 10, 2025

    Trump's CFTC Pick Won't Push To Fill Leadership Vacancies

    President Donald Trump's pick to lead the U.S. Commodity Futures Trading Commission told senators Tuesday that the financial regulator would likely need to beef up its staff should Congress grant it more authority over the cryptocurrency industry, but he would not commit to pushing the president to fill vacancies at the top of the agency.

  • June 10, 2025

    Electric Truck Co. Lordstown Wants Investors' Suit Tossed

    Electric truck startup Lordstown Motors Corp. has asked an Ohio federal judge to dismiss consolidated class claims from investors alleging the company misrepresented its production capacity and demand, saying it made no misleading representations about pre-orders.

  • June 10, 2025

    Edward Jones Among 5 Firms Paying $9.3M Over Inflated Fees

    Edward Jones, TD Ameritrade and three other wealth adviser firms have reached a $9.3 million settlement with the North American Securities Administrators Association after having been accused of overcharging fees for small-dollar investors.

  • June 10, 2025

    Farella Braun Wins Partial Fee Award In FDIC Dispute

    A California federal judge has awarded Farella Braun & Martel LLP around $10,000 in attorney fees for the work its lawyers did for the bankrupt parent of Silicon Valley Bank, finding the receiver for the bank, the Federal Deposit Insurance Corp., failed to comply with discovery orders.

  • June 10, 2025

    Match.com Settles Reverse Spinoff Suit For $30M In Del.

    A mediator-recommended, $30 million settlement proposal has tentatively ended a five-year Delaware Court of Chancery stockholder challenge to the fairness of Match.com's 2019 reverse spinoff from the Barry Diller-controlled IAC/Interactive.

  • June 10, 2025

    SEC To Resume Review Of Swiss Adviser Registrations

    Switzerland-based investment advisers seeking to do business in the U.S. can immediately resume submitting new and pending registration applications for consideration with the U.S. Securities and Exchange Commission, regulators said Tuesday.

  • June 10, 2025

    Wells Fargo Can't Collect On $4M Stranger-Funded Life Policy

    Wells Fargo Bank NA cannot collect on a $4 million life insurance policy, a Nebraska federal court ruled, finding the policy void from the start since it was taken out on the life of a now-deceased man with the intended purpose of benefiting an investor.

  • June 10, 2025

    Top ÃÛÌÒÊÓÆµ Enforcer Quits Over 'Devastating' Agency Pullback

    The Consumer Financial Protection Bureau's top enforcement official resigned Tuesday, saying she can no longer effectively do her job under leadership that "has no intention to enforce the law in any meaningful way."

  • June 10, 2025

    SEC's Investment Management Chief Greiner To Leave Agency

    U.S. Securities and Exchange Commission veteran Natasha Vij Greiner is stepping down as the director of the agency's investment management division, ending a nearly 24-year career serving the SEC in multiple roles, regulators announced Tuesday.

  • June 10, 2025

    GrafTech Brass Face Derivative Suit Over Enviro Disclosures

    A GrafTech International shareholder has sued the electrode-maker's top brass in Ohio federal court over their alleged long-running cover-up of the company's environmental contamination in Monterrey, Mexico.

  • June 10, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.

Expert Analysis

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

  • OCC's Digital Embrace Delivers Risk, Opportunity For Banks

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    As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.

  • Remediation Still Reigns Despite DOJ's White Collar Shake-Up

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    Though the U.S. Department of Justice’s recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Del. Corporate Law Rework May Not Stem M&A Challenges

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    While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • SEC Signals Opening For Private Fund Investment Reform

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    At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.

  • What FCA Liability Looks Like In The Cybersecurity Realm

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    ​Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say​ attorneys Rachel Rose and Julie Bracker.

  • Operating Via Bank Charter Offers Perks Amid Industry Shift

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    As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Unicoin Case Reveals SEC's Evolving Enforcement Posture

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    The U.S. Securities and Exchange Commission's recent fraud allegations against cryptocurrency company Unicoin send a clear message that while the Trump administration supports digital asset development, it will act decisively against deception, inflated valuations and false assurances, says David Zaslowsky at Baker McKenzie.

  • Public Cos. Must Heed Disclosure Risks Amid Trade Chaos

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    Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.

  • GAO Report Reveals How Banks And Regulators Are Using AI

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    A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

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