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Securities
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May 14, 2025
NFT Team Says Founder Stole Millions From Bitcoin Project
A group of investors who helped develop a marketable nonfungible token that funds their bitcoin mining operation have sued their business partner in Illinois federal court for allegedly keeping the project's millions in profits for his own personal use.
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May 14, 2025
Integra Brass Face Investor Suit Over FDA Compliance Lapses
Executives and directors of medical device company Integra Lifesciences Inc. were hit with a derivative suit alleging they misled investors about the company's compliance with regulatory standards for over five years, causing share declines when information regarding Integra's violations emerged.
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May 14, 2025
Sage Therapeutics Brass Sued Over Drug Candidate Claims
The top brass of Sage Therapeutics Inc. have been hit with a shareholder derivative suit in New York federal court alleging they misled investors about the safety, efficacy, durability and commercial prospects of three of the company's drug candidates and overstated their likelihood to be approved by the U.S. Food and Drug Administration.
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May 14, 2025
5th Circ. Declines To Rehear SEC's Kroger Proxy Decision
The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.
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May 14, 2025
Feds Say Ex-BigLaw Atty Must Start Prison In OneCoin Case
Prosecutors asked a Manhattan federal judge on Wednesday to set a date for a former Locke Lord LLP partner to begin serving his 10-year prison sentence after he was convicted of helping to launder about $400 million in proceeds of the OneCoin cryptocurrency scheme.
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May 14, 2025
10th Circ. Chilly To Biotech's SEC Asset Freeze Challenge
A panel of Tenth Circuit judges seemed skeptical Wednesday that a lower court had abused its discretion in granting a freeze of a biotech firm's assets in a suit brought by the U.S. Securities and Exchange Commission accusing the company and its founders of misappropriating roughly $9 million.
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May 14, 2025
Abbott Signs Bill Codifying Immunity For Corporate Execs
Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.
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May 14, 2025
Shaky Docs Undermine SEC's $2M Trial Win, 11th Circ. Told
A South Florida financial adviser accused of funneling investors into the $500 million Par Funding fraud scheme urged the Eleventh Circuit on Wednesday to order a do-over of a civil trial that ended with him being required to pay more than $2 million to the U.S. Securities and Exchange Commission.
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May 14, 2025
CFTC Forex Case Dismissed Over Sanctioned Conduct
A New Jersey federal judge on Wednesday approved sanctions against the U.S. Commodity Futures Trading Commission, one day after a special master's report said the agency acted in "bad faith" to gain a "tactical advantage" over a foreign exchange firm it accused of fraud.
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May 14, 2025
Holding Co. Beats Suit Over 401(k) Investment Roster
A Berkshire Hathaway-owned industrial holding company doesn't have to face a proposed class action claiming it filled its 401(k) plan with underperforming proprietary target date funds, with an Illinois federal judge faulting plan participants' efforts to compare those funds with other potential investments.
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May 14, 2025
Trump's Unorthodox US Atty Picks May Face Learning Curve
While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.
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May 14, 2025
Health Co. Founder Pleads Guilty In $5M Fraud Case
A Florida man who operated a health monitoring company geared toward keeping substance-addicted people from relapsing has admitted to bilking investors out of $5 million by misstating interest in the firm, the U.S. attorney's office in Philadelphia said.
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May 14, 2025
Judge Orders Boeing To Share Disclosures, Allow Depositions
A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.
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May 14, 2025
SEC To Have 'Sympathetic Ear' On Penalty Talks, Official Says
The U.S. Securities and Exchange Commission's deputy enforcement director told an audience of financial professionals on Wednesday that they can expect a "more sympathetic ear" from the now Republican-led commission when it comes to arguing down penalties, saying that it's possible that some cooperative firms will not have to hire an outside compliance consultant.
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May 14, 2025
CFTC's Mersinger Will Depart Agency To Lead Crypto Lobby
U.S. Commodity Futures Trading Commissioner Summer Mersinger is leaving the agency to lead cryptocurrency industry group the Blockchain Association, the organization announced Wednesday.
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May 13, 2025
Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.
Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.
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May 13, 2025
Crypto Platform's Ex-Brass Plead Guilty To $150M Fraud
Two former executives behind bankrupt cryptocurrency investment platform Cred Inc. pled guilty Tuesday in California federal court to conspiracy to commit wire fraud, admitting they gave customers "an unreasonably positive" portrayal of the business ahead of a collapse that prosecutors say wiped out up to $150 million in customer crypto.
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May 13, 2025
FINRA Fines Goldman $1.4M Over Faulty CAT Data Reports
Goldman Sachs & Co. LLC has agreed to pay $1.45 million to settle Financial Industry Regulatory Authority claims that it failed to properly report data for billions of stock market trades, according to a filing posted by FINRA on Tuesday.
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May 13, 2025
Feds Say Crypto Developer's Money Transmitter Suit Isn't Ripe
The U.S. Department of Justice urged a Texas federal judge to cut through a lawsuit seeking to protect forthcoming crypto crowdfunding software from an enforcement action, arguing the software developer's purported business plan stands apart from the DOJ's crypto money transmission prosecutions.
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May 13, 2025
Colo. Justice Iffy On Tossing Rulings In Securities Fraud Case
A Colorado Supreme Court justice said he was a bit troubled that three decisions might be overturned if he accepts the state's argument that attorney advice isn't relevant to a securities fraud defendant's state of mind, musing that perhaps those previous courts "got it right."
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May 13, 2025
Nike Seeks Dismissal Of Investors' Sales Strategy Fraud Suit
Sportswear company Nike and several of its top executives have urged an Oregon federal judge to toss a proposed class action alleging the company's stock value declined as it continued to mislead investors on the success of a change in sales strategy, saying the suit improperly uses hindsight to claim fraud.
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May 13, 2025
Health Co. Elevance Faces Suit Over Post-COVID Costs Claims
Health insurance provider Elevance Health Inc. and some of its executives face a proposed investor class action alleging the company hurt shareholders by mismanaging expectations about its Medicaid business's costs amid the post-pandemic eligibility redetermination process in certain markets it served.
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May 13, 2025
Intel Schemed To Duck $1B In Mobileye Losses, Investors Say
Intel Corp. used its position as Mobileye Global's controlling shareholder and fiduciary to strategically offload $1.6 billion in stock ahead of an announcement that tanked stock prices, according to a shareholder derivative suit filed Monday in Delaware Chancery Court.
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May 13, 2025
Hooters Can Tap Full $40M DIP In Chapter 11
Restaurant chain Hooters can tap the last $30 million of its $40 million Chapter 11 debtor-in-possession loan after it agreed to escrow disputed royalty revenue to quell a creditor's objection during a Tuesday hearing in a Texas bankruptcy court.
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May 13, 2025
SEC Says Ex-Pot Co. CFO Can't Cite Atty Advice As Shield
The U.S. Securities and Exchange Commission told a New York federal judge that a former executive of cannabis company Acreage Holdings Inc. accused of falsifying the company's financials cannot allege he was relying on advice from attorneys without forgoing the attorney-client privilege that would shield those communications.
Expert Analysis
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A Look At Collateralized Loan Obligations Post-Reform
The Financial Stability Board's recent report on global securitization reforms, analyzing resilience trends in the collateralized loan obligation market post-2008, suggests that, while risk retention rules have a limited impact on observable characteristics, other structural features play a significant role in ensuring risk alignment, says Kos Vavelidis at DLA Piper.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.