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Securities

  • May 01, 2025

    Chancery Finds Contract Bars Appeal In Med Co. Merger

    Private equity-tilted limited liability company contract terms beat minority investor challenges to the fairness of the $8.9 billion merger in January 2023 that joined Summit Health-CityMD and VillageMD, a Delaware vice chancellor ruled late Wednesday.

  • May 01, 2025

    High Court Urged To Skip $272M Hertz 'Solvent Debtor' Appeal

    Wells Fargo has urged the U.S. Supreme Court to reject Hertz's appeal of a Third Circuit ruling that the car rental giant owes $272 million in make-whole payments and interest to noteholders following a Chapter 11 case it launched in 2020.

  • May 01, 2025

    Generator Co. Wants Plug Pulled On COVID-Era Investor Suit

    Power generator maker Generac Holdings Inc. asked a Wisconsin federal judge to permanently toss an investor suit over the company's alleged failure to keep up with a surge in business during the COVID-19 pandemic, arguing the proposed class repeats arguments about Generac's sales disclosures that were previously dismissed.

  • May 01, 2025

    PetroSaudi Insists Pause Not Warranted In $380M Award Suit

    A PetroSaudi unit continues fighting the Trump administration's bid to pause litigation to seize a $380 million arbitral award while related proceedings in Switzerland play out, saying a California federal judge has already denied its stay request once before.

  • May 01, 2025

    Del. Justices OK Mid-Case Appeal In Paramount Doc Suit

    Delaware's Supreme Court on Wednesday approved a mid-case review for a Paramount Global stockholder suit seeking books and records on the company's proposed $8 billion tie-up with Skydance Media.

  • May 01, 2025

    AT&T Win Is FDIC's Loss On In-House Cases, 5th Circ. Told

    A banker challenging the Federal Deposit Insurance Corp.'s use of in-house proceedings to level a fraud judgment against him told the Fifth Circuit that its recent decision overturning a $57 million Federal Communications Commission fine against AT&T confirms that the FDIC cannot rely on a "public rights" exemption to impose fines without a jury trial.

  • May 01, 2025

    4th Circ. Affirms Ex-Crypto COO's Fraud Conviction

    The Fourth Circuit found no error in a former cryptocurrency executive's conviction for fraud and conspiracy related to his time working at a foreign currency and cryptocurrency trading investment firm that the panel said was actually just a Ponzi scheme that never made any trades.

  • April 30, 2025

    House GOP Bill To Cut ÃÛÌÒÊÓÆµ Budget, Audit Board Clears Panel

    The U.S. House Financial Services Committee on Wednesday approved Republican budget legislation that would strip most funding from the Consumer Financial Protection Bureau and wind down an independent audit regulator for public companies.  

  • April 30, 2025

    SEC Says $2.7M Ponzi-Like Scheme Targeted Elderly Koreans

    The U.S. Securities and Exchange Commission has sued a Washington woman and a company she controls, alleging she fraudulently raised $2.7 million from at least 33 investors, including elderly Korean-Americans, gaining their trust by using her family relationships and affiliation as a member of their community, and then gambling some of those funds away.

  • April 30, 2025

    Tariffs, FCPA Enforcement Pause Heighten Bribery Risk

    President Donald Trump's decision to ratchet up tariffs and lower the guard on antibribery enforcement creates heightened risks for multinational companies, as employees potentially face pressure to avoid costly tariffs while conceiving there are fewer risks in going around the law to do so.

  • April 30, 2025

    Del. Justices Mull 'Deemed' Phrase In AMC Stock Dilution Suit

    The meaning of "deemed to be issued" was the focus of a Wednesday hearing before the Delaware Supreme Court in a case involving AMC and preferred stockholders who say their shares' value was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.

  • April 30, 2025

    Trade Desk Sued In Del. For Docs On Nevada Move

    A stockholder of formerly Delaware-chartered branding and marketing venture The Trade Desk Inc. sued on Wednesday in the First State's Court of Chancery for access to company records, citing concerns that the business rechartered in Nevada to derail challenges to its dual-class share structure.

  • April 30, 2025

    Cos. Must Plan For China-Taiwan Risks, Ex-Trump Official Says

    A former U.S. Treasury Department official warned Wednesday that U.S. firms should take a serious look at their business exposure to China and develop contingency plans in the event the country invades Taiwan, saying an escalation in the conflict between the U.S. and China would have devastating effects globally.

  • April 30, 2025

    SEC Says Bond Trade Business Was $91M Ponzi Scheme

    The U.S. Securities and Exchange Commission has accused three Texas residents of operating a Ponzi-like scheme that raised at least $91 million from over 200 investors disguised as an international bond-trading business.

  • April 30, 2025

    Citadel Securities Gives SEC Regulatory Wish List

    Citadel Securities LLC released a white paper Wednesday that lays out policy recommendations for the U.S. Securities and Exchange Commission and the exchanges it regulates, calling on the agency to address concerns tied to secretive trading rooms as well as 24-hour buying and selling.

  • April 30, 2025

    Activant Unit Seeks $7.5M Fee After $37M Bolt Suit Win

    An Activant Capital Group fund has petitioned Delaware's Court of Chancery to approve a $7.5 million company-paid corporate benefit fee, citing a successful battle for cancellation of more than $37 million in Bolt Financial Group shares held by a controller who defaulted on a more-than $30 million company-guaranteed loan.

  • April 30, 2025

    6 Legal Teams Launch Bids To Lead Rocket Co. Investor Suit

    Six legal teams have submitted bids to represent a proposed class of investors in a suit alleging aerospace company Rocket Lab USA Inc. concealed issues that might affect its timeline for test-launching its Neutron Launch Vehicle.

  • April 30, 2025

    Feds Barred From Reviving 'Unlawful' Tornado Cash Sanctions

    A Texas federal judge has permanently barred the U.S. Department of the Treasury from enforcing its now-dissolved sanctions on crypto mixer Tornado Cash after the advocates who challenged the designation argued the government's removal of the sanctions wasn't enough.

  • April 30, 2025

    Extradited Fund Manager Admits To $3.4M Fraud Scheme

    The former manager of a Connecticut investment fund, who spent almost a year in custody in South America, pled guilty to wire fraud and money laundering charges in a scheme prosecutors say swindled $3.4 million from investors who thought he was running a conservative hedge fund with consistent returns.

  • April 29, 2025

    Acadia Investors Seek Partial Win, Sanction In Healthcare Suit

    Investors suing behavioral health care provider Acadia Healthcare Co. have asked a federal judge to find that they relied on certain alleged misrepresentations before investing in the company after previously moving for sanctions over allegations that the company systematically destroyed pertinent records to stymie their understaffing claims.

  • April 29, 2025

    Deal Terms An Issue In $60M Mortgage Loan Sale Con Case

    A Washington federal judge suggested on Tuesday that she might hold off on interpreting the terms of a multimillion-dollar mortgage loan sale agreement at issue in a racketeering suit, since a contractual dispute involving the same deal is slated for a bench trial before her in October.

  • April 29, 2025

    GOP Plan To Shutter Audit Watchdog Could Strain SEC

    Congressional Republicans are renewing the push to get rid of a financial regulator that conservatives have complained is costly and lacks proper oversight, but some former staffers at the Public Company Accounting Oversight Board wonder whether the U.S. Securities and Exchange Commission has the manpower or expertise to take over the board's duties.

  • April 29, 2025

    SEC Sues Over Cannabis Co. Stock Manipulation Scheme

    A trio of Arizona men face U.S. Securities and Exchange Commission allegations they manipulated trading prices for a purported cannabis industry penny stock issuer, generating proceeds of nearly $21 million as they worked to pump up its shares.

  • April 29, 2025

    SEC Accuses Adviser Of $22M Investment Fraud Scheme

    The U.S. Securities and Exchange Commission on Tuesday accused an investment adviser of swindling more than $500,000 from investors and lending nearly $22 million in raised funds to companies the adviser had undisclosed financial ties to.

  • April 29, 2025

    SEC Abandons Investigation Into PayPal's Dollar Stablecoin

    The U.S. Securities and Exchange Commission has dropped its investigation into PayPal's dollar-pegged stablecoin "without enforcement action," PayPal said in a disclosure filed Tuesday, the latest cryptocurrency probe abandoned by the agency under President Donald Trump's administration.

Expert Analysis

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • White Collar Archetypes: Wrangling The Shape-Shifter

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    In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • 30 Years Later: How PSLRA Has Improved Securities Litigation

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    In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.

  • Terraform Case May Be Bellwether For Crypto Enforcement

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    The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.

  • Texas Banking Dept. Memo Demystifies Crypto Classifications

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    A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What Remedies Under New Admin's SEC Could Look Like

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    The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.

  • Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting

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    The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • Suggestions For CFTC Enforcement's New Leadership

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    The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.

  • Chancery Ruling Holds Authorized Share Takeaways For Cos.

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    The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

  • Opinion

    NFT Bill Needs Refining To Effectively Regulate Digital Assets

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    A recent bill in the U.S. House proposing to regulate nonfungible tokens as digital assets would leave key concepts undefined until the U.S. comptroller general completes an after-the-fact study of NFTs, showing it needs more work before it is comprehensive enough to meaningfully protect the market, say attorneys at Duane Morris.

  • McMahon SEC Settlement Warns Of Nondisclosure's Price

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    The U.S. Securities and Exchange Commission's recent financial nondisclosure settlement with former WWE CEO Vince McMahon illustrates the breadth of executives' reimbursement obligations under the Sarbanes-Oxley Act and highlights the importance of building robust internal corporate reporting processes, say attorneys at BCLP.

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