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Securities

  • July 01, 2025

    Chancery Sharply Refuses To Toss Colo. Bank Air Fleet Suit

    In an often sharp-edged ruling, a Delaware vice chancellor on Tuesday sent toward discovery and trial stockholder claims that Solera National Bancorp's executive chairman and others wasted corporate assets in assembling an 11-aircraft fleet for a one-site bank in Colorado.

  • July 01, 2025

    Virtu, SEC Move To Settle Information Security Suit

    The U.S. Securities and Exchange Commission and Virtu Financial Inc. told a New York federal judge on Tuesday that they have struck a tentative deal to end a lawsuit accusing the broker-dealer of failing to adequately protect customer data.

  • July 01, 2025

    FTX Bahamas, Celsius Settle Clawback Claims

    Crypto exchange FTX's Bahamas unit and crypto lender Celsius Network have reached a deal to end Celsius' attempt to claw back $516.6 million transferred out of Celsius accounts just prior to its Chapter 11 filing.

  • July 01, 2025

    Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules

    A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.

  • July 01, 2025

    Judge Rejects Integra Investor's Suit Over Factory Issues

    A New Jersey federal judge has tossed an investor suit alleging Integra LifeSciences Holding Corp. and its top brass misled the public about how they were addressing quality control and manufacturing issues at the company's Boston factory.

  • July 01, 2025

    Arrival Investors Seek Approval For $13.3M Partial Settlement

    Investors in bankrupt electric vehicle company Arrival are seeking the OK for a nearly $13.3 million deal to end claims the company presented a flashy, profitable business plan when it went public through a special purpose acquisition company only to scale back its ambitions a year later.

  • June 30, 2025

    Argentina Must Turn Over YPF Stake, NY Judge Says

    Argentina must give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in a pair of investor lawsuits, a New York federal judge ruled Monday, rejecting the country's argument that sovereign immunity shields the shares from turnover.

  • June 30, 2025

    9th Circ. Nixes Suit Against Allianz Over $6B Fraud Sentence

    A man can't bring securities fraud claims against Allianz SE after one of the German financial services giant's former businesses pled guilty to investment fund fraud and was ordered to pay roughly $6 billion, the Ninth Circuit ruled, finding he failed to sufficiently allege Allianz SE itself acted fraudulently.

  • June 30, 2025

    Aspen Hotel Investor Can't Get 2nd Go In $1M Fraud Suit

    A Colorado federal judge on Monday dismissed the bulk of claims against a luxury hotel owner accused of stealing more than $1.3 million from a former investment partner, ruling that the claims have already been litigated in New York state court.

  • June 30, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.

  • June 30, 2025

    Del. Justices Uphold State Sale Of Long-Dormant Stock

    Rejecting a doctor's claim that the risk of a state seizure and sale of his long-unchecked stock was "inherently unknowable," Delaware's Supreme Court preserved on Monday a lower court's finding that the statute of limitations barred his attempt to reclaim securities purportedly worth some $600,000 when sold.

  • June 30, 2025

    Ex-CEO Accused Of Ponzi-Like Scheme Agrees To SEC Deal

    A California businessman accused of running a Ponzi-like scheme with money clients gave him to invest in the cannabis industry has agreed to not fight U.S. Securities and Exchange Commission's efforts to hit him with penalties or confiscate his allegedly ill-gotten gains.

  • June 30, 2025

    Biotech Co. Stockholders Reach $32M Merger Suit Deal In Del.

    Former stockholders of Emisphere Technologies told the Delaware Chancery Court they have reached a $32 million settlement to resolve their suit challenging the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S.

  • June 30, 2025

    4 Mass. Rulings You May Have Missed In June

    A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.

  • June 30, 2025

    Hong Kong's IPO Surge Creates More Competition For US

    Hong Kong led global exchanges on new listings for operating companies in the first half of 2025, partly benefiting from a U.S.-China rift that is prompting more mainland China companies to seek secondary listings in Hong Kong, according to new data released on Monday.

  • June 30, 2025

    Chancery OKs $19.25M Settlement In Weber Squeeze-Out Suit

    Grillmaker Weber Inc. public stockholders secured an up to 87-cents-per-share boost Monday over the company's purportedly unfair, $3.7 billion take private sale, when the Delaware Court of Chancery approved a $19.25 million mediated settlement.

  • June 30, 2025

    Ripple To Abandon Appeal After NY Judge Rebuffed SEC Deal

    Ripple Labs CEO Brad Garlinghouse has said the blockchain firm plans to drop its appeal in its landmark case with the U.S. Securities and Exchange Commission, ending the matter after the New York federal judge overseeing the case refused to sign off on a settlement that would've truncated a court-ordered $125 million penalty.

  • June 30, 2025

    Justices Decline To Hear Ex-Tesla Worker's Whistleblower Suit

    The U.S. Supreme Court on Monday declined to take up a petition filed by a former Tesla employee who claimed he was retaliated against for reporting various forms of alleged misconduct at a Nevada factory to both company management and the U.S. Securities and Exchange Commission.

  • June 30, 2025

    High Court To Hear Fight Over Investment Fund Suits

    The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.

  • June 27, 2025

    Crytpo Co. Boss Gets 8 Years For $40M Ponzi Schemes

    A Brooklyn federal judge on Friday sentenced the head of multiple cryptocurrency companies to nearly eight years in prison for his role atop interrelated Ponzi schemes that raised over $40 million from investors based on false promises of guaranteed returns.

  • June 27, 2025

    Senate Republican Plan Would Cut ÃÛÌÒÊÓÆµ Funds, Keep PCAOB

    U.S. Senate Banking Committee Republicans' latest budget bill plans have dropped a push to dismantle the Public Company Accounting Oversight Board and pivoted to a lesser — but still severe — cut to the Consumer Financial Protection Bureau's funding. 

  • June 27, 2025

    Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths

    Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.

  • June 27, 2025

    Tribes Say Kalshi's Sports Contracts Undermine Sovereignty

    A group of state and tribal gaming associations plus 27 federally recognized tribes have weighed in on a dispute between trading platform KalshiEx LLC and Maryland regulators, arguing that Kalshi's entrance into the gaming market has adversely impacted tribal gaming revenue and impeded tribes' inherent sovereign right to regulate gaming activity on tribal lands.

  • June 27, 2025

    Banks Get Clean Bill Of Health As Stress Test Changes Loom

    The Federal Reserve said Friday that the nation's big banks are stocked with enough capital to weather a severe recession, giving them passing marks on what are poised to be the last round of stress tests before regulators begin overhauling the testing process.

  • June 27, 2025

    Injunction OK'd In Ex-FTX Exec Ch. 11 Clawback Case

    A Delaware bankruptcy judge approved a preliminary injunction Friday against former FTX executive Ryan Salame to prevent him from dissipating as much as $6 million in assets he is accused of taking from the cryptocurrency exchange prior to its 2022 collapse.

Expert Analysis

  • 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.

  • Parsing The SEC's No-Action Letter On Rule 192 Compliance

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    Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • SEC Staff Input Eases Path For Broker-Dealer Crypto Activities

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    Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.

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