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Securities
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June 23, 2025
GOP Plan For Merging Agencies Faces Reckoning, And Alarm
The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.
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June 23, 2025
FTX Trust Slams Three Arrows' 'Illogical' $1.5B Claim
The FTX bankruptcy recovery trust on Friday objected to a $1.53 billion claim made by the now-liquidated cryptocurrency hedge fund Three Arrows Capital Ltd., saying the "illogical and baseless" claim grossly inflates the actual value of assets associated with its customers' FTX accounts, while offering zero supporting evidence.
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June 23, 2025
Muddy Waters Must Face Suit Over $14M SEC Tipster Award
Investment research service Muddy Waters LLC and its founder cannot escape a lawsuit alleging they stiffed a purported former partner out of his share of a $14 million whistleblower award from the U.S. Securities and Exchange Commission, a New York federal judge ruled Monday.
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June 23, 2025
Deep-Sea Mining Co. Beats Investors' Accounting Fraud Suit
A California federal judge has tossed an investor suit accusing deep sea miner The Metals Co. Inc. and its top brass of flawed accounting related to a strategic partnership, saying the plaintiffs failed to adequately plead the challenged statements were false or that the defendants acted with knowledge of wrongdoing.
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June 23, 2025
Teladoc Says Investor Suit Over User Losses Is 'Illogical'
Telemedicine giant Teladoc Health Inc. and two of its executives seek to shed a proposed investor class action, telling a New York federal judge the shareholder suit makes "illogical" claims that they lied about post-pandemic increases in customer acquisition costs for the company's flagship mental health counseling platform.
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June 23, 2025
SEC Names Wiley Rein Partner As Inspector General
The U.S. Securities and Exchange Commission announced Monday that a white collar defense and government investigations partner at Wiley Rein LLP will serve as the agency's next inspector general, starting late next month.
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June 23, 2025
Drink Co., Founder To Pay SEC $1.1M Over Faux Rihanna Deal
A beverage company and its founder have agreed to give the U.S. Securities and Exchange Commission over $1.1 million as part of a resolution of claims they misused investor funds and inaccurately suggested they were poised to collaborate with pop star Rihanna.
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June 23, 2025
Ex-CEO Of CBD Water Co. Must Face Pump-And-Dump Case
The former CEO of a cannabis-infused water company and a stockholder must face all claims made in a federal indictment accusing them of artificially inflating company shares so they could sell them for a profit, an Ohio federal judge ruled, saying the government has properly alleged a single conspiracy.
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June 23, 2025
Olaplex Cites Slack Ruling In Attempt To Curtail Investor Suit
Hair care brand Olaplex is urging a California federal judge not to certify a class of investors who allege the company failed to flag a regulatory risk ahead of its initial public offering, arguing that "at a minimum" the proposed class should be narrowed under the rubric of the U.S. Supreme Court's 2023 Slack decision.
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June 23, 2025
Fed Joins Peers In Axing Reputational Risk As Exam Factor
The Federal Reserve Board on Monday became the latest regulator to announce that it will no longer consider reputational risk in its examination programs for the supervision of banks.
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June 23, 2025
Mullen Auto Investors' $7.25M Settlement Gets Final OK
A California federal judge has granted final approval to a $7.3 million settlement between Mullen Automotive Inc. and a class of its investors that alleged the company made misrepresentations about its revenues and order volumes to inflate share prices ahead of a merger.
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June 23, 2025
Ontrak Founder Gets 3½ Years In Novel Insider Trading Case
A California federal judge sentenced Ontrak Inc. founder Terren Peizer to 3½ years in prison Monday, following a first-of-its-kind insider trading conviction on accusations that he based a $20 million share sale on material nonpublic information that his health technology company was about to lose its biggest client, Cigna.Â
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June 23, 2025
Trump SPAC's Ex-CEO Fights Alleged $1.5M Fee Holdback
A former CEO of President Donald Trump-tied Digital World Acquisition Corp. on Monday filed an application seeking payment of more than $1.5 million in legal fee advancements, alleging in Delaware Chancery Court improper withholdings by the company despite earlier commitments to cover eligible costs.
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June 23, 2025
Trump Media Authorizes $400M Share Repurchase
Trump Media and Technology Group Corp., the owner of President Donald Trump's social media platform, said Monday it has authorized buying back up to $400 million of its shares, marking the company's latest cash management strategy.
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June 23, 2025
$12M Deal Proposed For Sports Bet SPAC Suit In Chancery
Parties in a deal that took public a pair of online gambling companies once valued at $4.75 billion in 2022, including a brother of NFL Commissioner Roger Goodell, have tentatively agreed to a $12 million settlement for a Delaware Court of Chancery stockholder suit alleging overstated share values and understated risks.
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June 23, 2025
Binance Agrees To Shutter Conn. Trading Operations
Crypto platform Binance has agreed to shut down the Connecticut operations of its U.S. subsidiary BAM Trading Services Inc. after a majority owner of the company was convicted of money laundering and also admitted to violating state statutes, according to a new consent order.
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June 23, 2025
Ex-SEC Atty Joins Bernstein Litowitz After Musk Fight
The U.S. Securities and Exchange Commission's former chief litigation counsel announced on Monday that he is joining investor-side firm Bernstein Litowitz Berger & Grossmann LLP as a partner in New York following a courtroom battle with Elon Musk that threatened to end his employment before it began.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Ex-DOJ Legislative Affairs Atty Returns To King & Spalding
King & Spalding LLP announced Monday it has rehired a former special matters and government investigations partner who left three years ago for the U.S. Department of Justice's Office of Legislative Affairs, where he most recently was a deputy assistant attorney general.
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June 23, 2025
Mayer Brown Brings On Ex-Athene Atty For Insurance Team
Mayer Brown said Monday that it added a former counsel for retirement services company Athene to its Chicago office, where he will serve as a partner in the firm's corporate and securities practice and global insurance industry group.
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June 20, 2025
Ex-Sidley, Covington Partners Launch White Collar Boutique
The former global co-head of Sidley Austin LLP's white collar defense and investigations practice has joined an ex-white collar partner from Covington & Burling LLP to launch a boutique litigation firm based in New York.
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June 20, 2025
MicroStrategy Brass Face Suit Over $5.9B Bitcoin Loss
Executives and directors of bitcoin-focused software company MicroStrategy Inc. face a shareholder derivative complaint alleging they made over $31 million selling off company stock while its shares were artificially inflated by misrepresentations about the magnitude of upcoming changes to the company's accounting practices for its so-called bitcoin treasury.
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June 20, 2025
Many Foreign Firms Could Face Stricter Access To US Markets
The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.
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June 20, 2025
Trump Inks Rollback Of Biden-Era OCC Bank Merger Rule
President Donald Trump on Friday signed legislation nullifying the Office of the Comptroller of the Currency's Biden-era bank merger rule, clinching a Republican campaign to overturn what industry groups criticized as an overly restrictive and unclear framework for reviewing proposed transactions.
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June 20, 2025
Legal And Finance Influencer To Settle Over FTX Promotion
Attorney and personal finance influencer Erika Kullberg and the talent agency she founded have reached a deal with FTX investors over their alleged roles promoting the now-collapsed crypto exchange.
Expert Analysis
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Opinion
Ripple Settlement Offers Hope For Better Regulatory Future
The recent settlement between the U.S. Securities and Exchange Commission and Ripple — in which the agency agreed to return $75 million of a $125 million fine — vindicates criticisms of the SEC and highlights the urgent need for a complete overhaul of its crypto regulation, says J.W. Verret at George Mason University.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FDIC Shift On ALJs May Show Agencies Meeting New Norms
The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.