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Securities

  • July 23, 2025

    MIT Grads Can't Escape $25M Crypto Heist Charges

    Two Massachusetts Institute of Technology-educated brothers accused of executing a $25 million cryptocurrency theft remain on the hook for fraud after a New York federal judge ruled Wednesday that prosecutors have shown that the pair's novel methods intended to deceive certain traders and meddled with transactions.

  • July 23, 2025

    9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods

    The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.

  • July 23, 2025

    Meme Coin Buyers Say Pump.Fun Offered 'Illegal Gambling'

    Users of the meme coin launchpad Pump.Fun accused the company of operating an illegal digital casino in an updated complaint that added racketeering allegations to their earlier proposed securities class action and named developers of the project's underlying blockchain as defendants.

  • July 23, 2025

    Vietnamese Investors Seek Funds Back From EB-5 Project

    Fourteen Vietnamese nationals have sued a Virginia law firm and its head attorney, seeking to cancel their $500,000 investments in a hotel redevelopment project after the federal government said it was denying their petitions for conditional permanent residency. 

  • July 23, 2025

    Stitch Fix Execs Hid Losses And Sold $102M In Stock, Suit Says

    Stitch Fix's top brass have been hit with a shareholder derivative suit accusing them of selling more than $102 million worth of company stock on insider information, as the company's new purchasing option was undercutting and cannibalizing its core curated box subscription.

  • July 23, 2025

    Medical Device Co. Faces Investor Suit Over Sales Decline

    Eye surgery equipment manufacturer RxSight Inc. has been hit with a proposed shareholder class action accusing it of concealing "adoption challenges" and declining sales of its products, which led to a nearly 38% hit to shares when it finally disclosed the shortcomings.

  • July 23, 2025

    MicroStrategy Sued In Del. After No-Vote Stock Expansion

    A stockholder of cryptocurrency venture MicroStrategy Inc. has launched a proposed class suit in Delaware's Court of Chancery, accusing the company and its chairman and former CEO, Michael Saylor, of amending — without a stockholder vote — liquidation preference rules for some preferred company stock. 

  • July 23, 2025

    3rd Circ. Backs Off 2nd Look At Class Action Fraud Sanction

    The Third Circuit has reissued an opinion upholding the conviction of a man accused of defrauding shareholder settlement funds, but saying it should not have previously ordered the lower court to potentially increase the $31 million judgment against the man.

  • July 23, 2025

    Ex-Cannabis Co. CFO OK'd To Argue Good Faith In SEC Case

    A former executive of cannabis company Acreage Holdings Inc., accused of falsifying the company's financials, will be permitted to argue that he was acting in good faith, a Manhattan federal judge said Wednesday, finding it was too early to know whether attorney-client privilege would block his defense.

  • July 23, 2025

    Adviser Drops FINRA 5th Amendment Challenge

    A financial adviser has dropped his Fifth Amendment challenge against the Financial Industry Regulatory Authority, following the regulator's arguments that it is not subject to constitutional requirements when carrying out its self-regulatory responsibilities.

  • July 23, 2025

    SEC Asks 8th Circ. To Rule On Abandoned Climate Regs

    The U.S. Securities and Exchange Commission asked the Eighth Circuit on Wednesday to decide the fate of Biden-era climate disclosure rules that the agency has said it will no longer defend against challenges brought by Republican-led states and business interests.

  • July 23, 2025

    Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits

    A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.

  • July 23, 2025

    Ex-Real Estate Finance Pro Tapped For OCC Chief Of Staff

    President Donald Trump's top national bank regulator has hired a new chief of staff, bringing on a former federal housing finance official from the private sector to help steer policy coordination and internal operations at the Office of the Comptroller of the Currency, the agency said Wednesday.

  • July 23, 2025

    CFTC Settles With Puerto Rico-Based Gas Futures Trader

    The Commodity Futures Trading Commission and a Puerto Rico-based natural gas futures trader on Wednesday announced that they had reached a settlement, ending the agency's suit alleging that the trader used nonpublic information to make profitable energy trades.

  • July 22, 2025

    Becton Dickinson Investors Seek Final OK Of $9M Deal

    Investors in medical tech manufacturer Becton Dickinson are seeking final approval of their $9 million deal that will end derivative claims the company was damaged by its attempts to hide regulatory problems regarding sales of its Alaris pump, which would add to the list of settlements the company has entered over the alleged misrepresentations.

  • July 22, 2025

    SEC Says Ariz. Man Traded On Pal's Divulged Merger Info

    An Arizona man has agreed to pay the U.S. Securities and Exchange Commission nearly $168,000 to resolve claims he engaged in insider trading of a trucking company's shares after a friend who worked for the company's competitor informally mentioned his employer's secret acquisition talks.

  • July 22, 2025

    EQT Investors' $167.5M Deal To End Merger Suit Gets 1st OK

    Investors in energy company EQT Corp. have gotten an initial green light for their $167.5 million settlement to end claims the company overstated the benefits of its $6.7 billion merger with Rice Energy, drawing what's purported to be the largest shareholder settlement in the Western District of Pennsylvania closer to a close.

  • July 22, 2025

    Basel Exit Could Hurt US Influence, Experts Warn At Fed Event

    Banking industry experts warned Tuesday that the U.S. risks undermining its global influence and keeping bank capital costs elevated if it doesn't implement some form of the so-called Basel III endgame, with one former Federal Reserve official likening the prospect of such a retreat to the "Peanuts" gag of Lucy yanking the football from Charlie Brown.

  • July 22, 2025

    GOP Senators Float Crypto Market Structure Discussion Draft

    Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.

  • July 22, 2025

    Convicted Crypto Hacker Used Tornado Cash To Aid Coverup

    A former Amazon engineer who was sentenced to three years in prison after admitting to stealing approximately $12 million from cryptocurrency exchanges testified Tuesday that he used Tornado Cash as part of a complex scheme to cover his hacking activities, as the trial of its co-founder entered its second week.

  • July 22, 2025

    CFTC Denied Early Win In $185M Metals Fraud Suit

    A Texas federal judge has denied summary judgment to both the Commodity Futures Trading Commission and two individual defendants in a fraud suit that accuses them and their entities of ripping off more than 1,600, mostly elderly, investors and causing over $185 million in customer losses, setting the matter up for a potential trial.

  • July 22, 2025

    CME E-Trading Was Open Before Data Center, Jury Hears

    Chicago Mercantile Exchange members were using electronic trading connectivity tools alongside nonmembers and paying equal access fees for at least a decade before the exchange opened a data center that some members alleged violated their contractual floor exclusivity and access rights, an Illinois jury heard Tuesday.

  • July 22, 2025

    Del. Boutique Wins 'Heated' Battle To Lead Endeavor Suit

    Litigation boutique Abrams & Bayliss LLP has been handed the reins to a potential blockbuster lawsuit alleging that sports and entertainment giant Endeavor Group Holdings was undervalued in a $13 billion take-private deal, with a Delaware vice chancellor on Tuesday settling what she described as a "heated," and at times personal, leadership fight in the case.

  • July 22, 2025

    Bitcoin ATM Co. Enables Crypto Scams, Class Action Says

    A retiree who lost $7,000 to scammers filed a proposed class action against bitcoin ATM operator Bitcoin Depot Inc., claiming the company facilitates schemes that target the elderly by failing to intervene in suspicious transactions, misrepresenting its services' security and continuing to take a cut of "red flag" transactions.

  • July 22, 2025

    Ex-Broker Charged In $9.5M Ponzi Scheme Targeting Investors

    An ex-securities broker was indicted on one count of wire fraud and one count of money laundering for allegedly orchestrating a $9.5 million Ponzi scheme involving purported bond investment opportunities and faces a parallel civil suit from the U.S. Securities and Exchange Commission.

Expert Analysis

  • Yacht Broker Case Highlights Industry Groups' Antitrust Risk

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    The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Quantifying Trading-Based Damages Using Price Impact

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    The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.

  • Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

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    The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

  • Practical Implications Of SEC's New Crypto Staking Guidance

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    The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.

  • Stablecoin Bills Present Opportunities, Challenges For Banks

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    Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • New FCPA Guidance May Flip The Whistleblowing Script

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    The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.

  • Opinion

    GENIUS Act Could Muck Up Insolvency Proceedings

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    While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Capital One Deal Approval Lights Up Path For Bank M&A

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    The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • SEC Proposal Could Hurt Foreign Issuers' US Market Access

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    The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.

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