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Securities

  • May 28, 2025

    Sens. Urge Treasury To Rescind Ownership Reporting Rule

    A bipartisan duo from the Senate Finance Committee has urged Treasury Secretary Scott Bessent to fully implement the Corporate Transparency Act, criticizing an interim final rule that exempts domestic businesses from contested reporting regulations.

  • May 28, 2025

    DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans

    The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.

  • May 28, 2025

    Mallinckrodt Investors Get Initial OK For $5.5M Settlement

    Investors of drugmaker Mallinckrodt received preliminary approval of their $5.5 million settlement with two executives and a director of the company Wednesday, ending the investors' claims they were misled into believing Mallinckrodt had recovered from bankruptcy and would make a $200 million payment to opioid claimants.

  • May 28, 2025

    Ohio Exec Pleads Guilty In Ponzi Scheme Investigation

    A Toledo, Ohio, investment firm executive has copped to a role in a purported Ponzi scheme that Ohio Attorney General Dave Yost said bilked investors out of $72 million.

  • May 28, 2025

    4th Circ. Backs 5-Year Sentence In $9.3M Ponzi Scheme

    The Fourth Circuit stood by a lower court's decision to imprison a North Carolina man for 63 months after he pled guilty to wire fraud and "use of manipulative and deceptive devices," concluding that the sentence is not unreasonable and was ordered after proper consideration of the public interest.

  • May 28, 2025

    Smartmatic Says Fox Is Trying To 'Bury Proof' In Defamation Row

    Voting technology company Smartmatic has asked a New York state court to lift the "veil of secrecy" on evidence it alleges Fox News is trying to keep hidden from the public as it faces allegations of defamation related to conspiracy theories it aired about a stolen election in 2020.

  • May 28, 2025

    Checkpoint Pharma Sued For Docs On $355M Merger Plan

    Stockholders of cancer drug developer Checkpoint Pharmaceuticals sued the company in Delaware's Chancery Court for documents on its proposed $355 million acquisition by India-based Sun Pharmaceuticals, alleging conflicts and lack of disclosures regarding the role played by Checkpoint's controlling investor, Fortress Biotech.

  • May 28, 2025

    4th Circ. Finds Towers Watson's Merger Deals Not Covered

    Towers Watson's insurers have no obligation to pay out their remaining directors and officers coverage to help fund settlements resolving shareholder litigation over the company's merger with Willis, the Fourth Circuit affirmed Wednesday, saying the deals fall plainly within the scope of a so-called bump-up exclusion.

  • May 28, 2025

    DOL Rescinds Warning Against Crypto In 401(k) Plans

    The U.S. Department of Labor on Wednesday rescinded guidance by former President Joe Biden's administration that warned against crypto offerings in 401(k) plans, which had sparked a legal challenge from a 401(k) provider against the agency.

  • May 27, 2025

    Proterra Investors Push For Final OK Of $29M Settlement

    Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.

  • May 27, 2025

    Crypto Industry Urges CFTC Action On Perpetual Contracts

    Derivatives marketplaces and cryptocurrency firms told the U.S. Commodity Futures Trading Commission that setting rules for so-called perpetual derivatives would bring significant crypto trading activity onshore, but the regulator will have to contend with round-the-clock trading, novel risks and characteristics that don't fit neatly into existing classifications.

  • May 27, 2025

    Drone Co. Overhyped Army Contract Prospects, Investor Says

    Drone maker Red Cat Holdings Inc. faced a proposed investor class action alleging it misled investors about its expectations for capitalizing on a prospective U.S. Army contract, hurting shareholders as markets reacted to adverse news about the contract and the company's potential revenue from the deal.

  • May 27, 2025

    Bluebird Bio Beats Investor Suit Over FDA Cancer Warning

    Massachusetts-based biotechnology company Bluebird Bio Inc. has beaten a shareholder suit accusing it of misleading investors about the likelihood of the U.S. Food and Drug Administration's decision requiring a "black box warning" on one of its products due to the cancer risk it posed.

  • May 27, 2025

    Next Meats Beats Investor Suit Over 'Short Swing' Profits

    The controlling shareholders of Japan-based Next Meats have beaten, for good, a suit alleging they collected unlawful short-swing profits after a New York federal judge found the plaintiff could not satisfy the so-called Morrison test of demonstrating a domestic securities transaction that can be tried in U.S. courts.

  • May 27, 2025

    Unlicensed Adviser Charged With $4M Securities Fraud In NC

    Federal prosecutors in North Carolina have charged an unlicensed California investment adviser with fraud and money laundering after he allegedly lured more than 30 victims into investing more than $4 million in bogus commercial real estate opportunities.

  • May 27, 2025

    Chancery Footnotes Raise Post-SB 21 Stir In Delaware

    A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.

  • May 27, 2025

    CFTC Member Speaks On Agency Exits: 'Not A Great Situation'

    Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.

  • May 27, 2025

    Davis Polk-Led Stablecoin Giant Circle Eyes $600M IPO

    Venture-backed stablecoin issuer Circle Internet Group Inc. on Tuesday launched plans for an estimated $600 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP, rekindling its IPO after a tariff-related pause.

  • May 27, 2025

    EV-Maker Polestar Faces Investor Suit Over Financial Reports

    Swedish electrical vehicle company Polestar has been hit with a proposed shareholder class action accusing it of misleading investors by failing to maintain proper internal controls, which caused it to misreport liabilities and assets on its balance sheets for several quarters.

  • May 27, 2025

    Bank Groups Agree To Pause Of Fed Stress Test Suit

    Major banking trade groups and the board of governors of the U.S. Federal Reserve System came together to ask an Ohio federal judge to pause their dispute over the board's big bank stress test practices, telling the court that the trade groups' concerns are being addressed.

  • May 27, 2025

    Tesla Asks Delaware Justices To Slash $176M Class Atty Fee

    Attorneys for Tesla Inc. have told Delaware's Supreme Court that counsel for stockholders who secured a disputed $735 million in savings from director cash and options rollbacks deserve less than the $176.2 million fee awarded the team.

  • May 27, 2025

    'I Need To Be Careful': Judge Wades Into Musk-Firm Conflict

    A New York federal judge questioned his authority to weigh in on Bernstein Litowitz Berger & Grossmann LLP's hiring decisions after it sought permission to employ a former U.S. Securities and Exchange Commission attorney who Elon Musk claims could disadvantage him in a shareholder lawsuit, asking the firm and Musk to brief him on what may be an issue of first impression.

  • May 27, 2025

    High Court Passes On Axed $563M BMO Harris Ponzi Verdict

    The U.S. Supreme Court on Tuesday declined to review the Eighth Circuit's decision to strike down a $563 million jury verdict against BMO Harris NA over claims that a bank it acquired had aided and abetted Thomas J. Petters' multibillion-dollar Ponzi scheme.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    NY Judge Axes $110M Mango Markets Trader's Fraud Verdict

    A Manhattan federal judge on Friday granted a crypto trader's request to overturn a conviction for defrauding platform Mango Markets out of roughly $110 million, finding that prosecutors didn't link his conduct to New York and failed to show he duped the platform.

Expert Analysis

  • Explaining ÃÛÌÒÊÓÆµ's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the ÃÛÌÒÊÓÆµ in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

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    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • What Rodney Hood's OCC Stint Could Mean For Banking

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    Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • 4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units

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    As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.

  • New SEC Guidance May Change How Investors, Cos. Talk

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    The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.

  • 4 Key Payments Trends For White Collar Attys

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    As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • What's Old And New In The CFTC's Self-Reporting Advisory

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    Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.

  • How Trump's Crypto Embrace Is Spurring Enforcement Reset

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    The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

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