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Securities
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June 04, 2025
Willkie Farr Hires Financial Services Partner In DC
Willkie Farr & Gallagher LLP has hired a McGuireWoods LLP attorney as a partner in Washington, D.C., to advise corporations on a range of legal issues, the firm announced Tuesday.
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June 04, 2025
Titan Of The Plaintiffs Bar: Bernstein Litowitz's Salvatore Graziano
When Bernstein Litowitz Berger & Grossmann LLP's Salvatore Graziano made the switch from prosecution to securities litigation in the '90s, he realized he had an uphill battle ahead of him.
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June 04, 2025
Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown
More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.
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June 04, 2025
Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit
Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.
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June 04, 2025
Trump's CFTC Pick Set For Senate Confirmation Hearing
President Donald Trump's nominee to lead the U.S. Commodity Futures Trading Commission has been scheduled to appear before the Senate agriculture committee for a confirmation hearing next Tuesday, advancing his nomination at a time when the agency is facing a leadership void.
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June 04, 2025
Ex-Paul Weiss Corporate Partner Joins Cooley's NY Practice
Cooley LLP has hired a former Paul Weiss Rifkind Wharton & Garrison LLP finance partner, who told Law360 Pulse in an interview Wednesday that he followed his father and uncle's footsteps when deciding to pursue a career in law.
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June 03, 2025
5th Circ. Weighs Constitutionality Of Banking In-House Courts
A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.
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June 03, 2025
Capital One Must Face Some Claims It Stole From Influencers
Capital One Financial Corp. cannot ditch all of a proposed class action alleging its coupon-search browser extension steals commissions from social media creators who drive customers to affiliated merchants, a Virginia federal judge ruled, saying the plaintiffs plausibly alleged Capital One knew it was diverting their "rightfully earned" commissions.
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June 03, 2025
SEC Sues New Mexico Adviser Over Improper Excessive Fees
A Santa Fe, New Mexico, investment adviser and its principal face U.S. Securities and Exchange Commission allegations they fleeced customers over a nearly five-year period, overbilling them annually and hitting them with unexpected hourly bills out of the blue.
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June 03, 2025
BlackRock, Vanguard Want Red States' Coal Suit Extinguished
Asset managers BlackRock Inc. and The Vanguard Group Inc. have urged a Texas federal judge to toss a suit brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," arguing the case rests on "implausible premises."
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June 03, 2025
Fortrea Faces Investor Suit Over Post-Labcorp Financial Woes
Clinical research company Fortrea Holdings Inc. was hit with a proposed shareholder class action alleging that it overstated the strength of its business model after being spun off from Labcorp Holdings Inc., causing investors harm as the truth about Fortrea's financial struggles emerged.
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June 03, 2025
SEC Chair Says Next Steps On Crypto Regs Coming Soon
U.S. Securities and Exchange Commission Chair Paul Atkins indicated Tuesday that the agency is working toward proposing regulations for the cryptocurrency industry and that a key aspect of the work being done by a recently established crypto task force could be complete within a matter of months.
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June 03, 2025
9th Circ. Gives Crypto Victims Chance At Greater Recovery
A Ninth Circuit panel found that a California federal court can reopen the restitution phase of a criminal crypto extortion case post-sentencing after the victims said they lost out on millions of dollars in recovery due to a miscommunication among government offices.
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June 03, 2025
Chancery Tosses 'Generic' Advance Notice Bylaw Suit
Citing the absence of any specific damage claims, a Delaware vice chancellor on Monday dismissed an Owens Corning Inc. shareholder suit challenging company bylaws obliging advance notice of board seat proxy contests.
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June 03, 2025
2 Texans, Firm Owe $5.3M In SEC House-Flipping Fraud Suit
A pair of Texas men and their investment company must give the U.S. Securities and Exchange Commission nearly $5.3 million to resolve claims they defrauded investors in a house-flipping scheme, misappropriating $2.9 million and misrepresenting that certain property interests would secure certain investor funds.
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June 03, 2025
Wash. Judge Clears The Way For Redfin Merger Vote
A Washington federal judge on Tuesday refused to stop Redfin shareholders from voting Wednesday on a $1.75 billion merger with Rocket Cos., finding that with new disclosures made by the company, investors have enough information to make an informed decision.
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June 03, 2025
Calif. Startup's Lender Gets Prison For Investor Fraud
A Greenwich, Connecticut, hard-money lender was sentenced to nearly three and a half years in prison and must pay $9.4 million in restitution to investors in loans he made to the failed California tech startup Bitwise Industries, which operated as a $115 million Ponzi scheme, federal prosecutors said.
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June 03, 2025
InnovAge To Pay $27M To Resolve IPO Investors' Suit
InnovAge Holding Corp. and a class of stockholders have agreed to a $27 million settlement to resolve claims that the senior-health care company made misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
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June 03, 2025
Rosen, Pomerantz To Lead Seattle Biotech Class Action
The Rosen Law Firm PA and Pomerantz LLP will serve as co-lead counsel for shareholders accusing Seattle-based Sana Biotechnology Inc. of misleading investors about its ability to develop certain genetic therapy treatments.
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June 03, 2025
Lovesac Settles Conn. Shareholder Suits With Corp. Reforms
The Lovesac Co. has agreed to implement new corporate reforms and pay $335,000 to reimburse its stockholders' legal fees in a derivative lawsuit accusing company directors of filing misleading financial reports, according to a deal advanced Tuesday by a Connecticut federal judge.
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June 03, 2025
Citi's Global Sanctions Head Tapped For Treasury Role
President Donald Trump has nominated Citigroup's global head of banking sanctions compliance to serve as the U.S. Department of the Treasury's assistant secretary for terrorist financing, according to congressional records, in a move that would mark his return to the department after years in the private sector.
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June 03, 2025
Coinbase Says Ore. Enforcement Action Belongs In Fed Court
Crypto exchange Coinbase told an Oregon federal judge that a securities enforcement suit from the state's attorney general belongs in federal court since the action amounts to an "attempt to invade the province of federal law" in the wake of federal regulators' pivot away from enforcement against digital asset firms.
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June 03, 2025
Wells Fargo Free To Grow After Fed Ends $2T Asset Cap
The Federal Reserve announced Tuesday that it has lifted the $2 trillion asset cap it imposed on Wells Fargo & Co. as part of a 2018 enforcement action stemming from the so-called fake accounts scandal, finding the bank has met all conditions required by the regulator.
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June 03, 2025
NJ Fights Investment Fund's Push To DQ Connell Foley
New Jersey told a federal judge Monday that he was correct in rejecting a Black-owned investment fund's bid to disqualify Connell Foley LLP from representing the state in its bias suit, saying there was no previous attorney-client relationship.
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June 03, 2025
NJ Securities Enforcer Elevated To Interim Chief
A former attorney at the New York Stock Exchange and the Financial Industry Regulatory Authority has been tapped to lead the Garden State's securities enforcement division, New Jersey Attorney General Matthew J. Platkin has announced.
Expert Analysis
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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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NY Tax Talk: Sourcing, Retroactivity, Information Services
Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.
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DOJ Memo Maps Out A Lighter Touch For Digital Assets
A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.
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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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FDIC Unlocks A Door To Banks' Potential Crypto Future
The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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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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The SEC's Administrative Law Courts Are At A Crossroads
The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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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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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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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.