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Securities

  • May 19, 2025

    Wells Fargo's 9th Circ. Cert. Challenge Gains SIFMA Backing

    A top securities industry group has voiced its support of Wells Fargo's appeal of class certification in an investor dispute alleging the bank conducted "sham" interviews to meet diversity quotas, which harmed the bank's stock price when the truth came to light.

  • 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.

  • 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.

  • 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 2022 collapse.

  • 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.

  • May 19, 2025

    Insurer Drops Fight Over $9M OpenText Merger Settlement

    Allied World National Assurance Company on Monday ended its lawsuit seeking a declaration that it wasn't obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint Corp.'s merger with OpenText.

  • 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.

  • May 19, 2025

    Spirits Maker Haunted By Inventory Woes, Investor Suit Says

    The top brass of alcoholic beverage company MGP Ingredients Inc. has been hit with a shareholder derivative suit alleging they misled investors about how well the company was managing its inventory levels, only to reveal that excess inventory following the height of the COVID-19 pandemic was impacting the business. 

  • 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.

  • May 19, 2025

    9th Circ. Weighs 'WallStreetBets' Ownership In Reddit TM Suit

    The Ninth Circuit on Monday wrestled with whether the founder of Reddit Inc.'s WallStreetBets forum owns the name or if it belongs to the platform, with a judge at one point wondering whether the parties could find a way to coexist.

  • 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.

  • 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.

  • 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.

  • May 19, 2025

    Investment Adviser Seeks Cadwalader Notes In Fraud Case

    An investment manager who used to be represented by U.S. Deputy Attorney General Todd Blanche when Blanche was a partner at Cadwalader Wickersham & Taft LLP has asked a Brooklyn federal judge to order the firm to turn over documents that he called "critical" to his defense on fraud and money laundering charges.

  • May 19, 2025

    Judge Sets February Trial Date In Bribery Case Of Coal Exec

    A Pennsylvania federal judge on Monday set a February trial date for a coal executive charged with bribing foreign officials for business, with jury selection beginning Feb. 3 and opening statements taking place Feb. 9.

  • May 16, 2025

    Krispy Kreme Overhyped McDonald's Pact, Investors Say

    Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.

  • 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.

  • May 16, 2025

    Name Mix-Up Costs Lender Property Claim, 5th Circ. Says

    A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.

  • 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.

  • 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.

  • 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.

  • 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.

  • May 16, 2025

    Biotech Co. Hit With Investor Suits Over Cancer Drug Launch

    Cancer treatment company Iovance Biotherapeutics has been hit with two proposed shareholder class actions accusing the company of misleading the public about the success of its commercial rollout of an FDA-approved skin cancer treatment.

  • May 16, 2025

    'Tuna Bond' Defendants Ordered To Pay $352M In Restitution

    A Brooklyn federal judge ordered three former Credit Suisse bankers and the former finance minister of Mozambique to pay a combined $352 million in restitution Friday after they pled guilty or were convicted of scheming to defraud investors in a $2 billion state-backed development initiative involving tuna fishing.

  • May 16, 2025

    SEC's Atkins Previews Possible Changes To CEO Pay Rules

    U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.

Expert Analysis

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    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.

  • The SEC's Administrative Law Courts Are At A Crossroads

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    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.

  • SEC's Noteworthy Stablecoin Guidance Comes With Caveats

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    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.

  • Perspectives

    Power To The Paralegals: The Value Of Unified State Licensing

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    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.

  • Key Digital Asset Issues Require Antitrust Vigilance

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    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.

  • 1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

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    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.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • How Proxy Advisory Firms Are Approaching AI And DEI

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    Institutional Shareholder Services' and Glass Lewis' annual updates to their proxy voting guidelines reflect some of the biggest issues of the day, including artificial intelligence and DEI, and companies should parse these changes carefully, say attorneys at Cahill Gordon.

  • Traversing The Shifting Sands Of ESG Reporting Compliance

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    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    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.

  • Ban On Reputation Risk May Help Bank Enforcement Defense

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    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.

  • Tracking The Evolution In Litigation Finance

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    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.

  • Assessing Market Manipulation Claims In Energy Markets

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    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.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    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.

  • Limit On SEC Enforcement Authority May Mean Fewer Actions

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    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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