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Securities

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • May 13, 2025

    SEC Inks Judgment In Telecom Execs' Inflated Revenue Suit

    The former CEO and CFO of a bankrupt telecommunications software provider have cut a deal with the U.S. Securities and Exchange Commission that will ban them from ever again serving as head or officer of a public company.

  • May 13, 2025

    Cannabis Water Co. Escapes $10M Fraud Charges With DPA

    A cannabis-infused beverage maker on Tuesday inked a deferred prosecution agreement to resolve charges over its alleged role in a $10 million pump-and-dump scheme, with the deal including compliance provisions but no monetary penalty.

  • May 13, 2025

    Fox Nabs Smartmatic Bribery Probe Docs In Defamation Case

    A New York state appeals court on Tuesday ordered Smartmatic to give Fox News documents related to a federal investigation into allegations that executives of the election systems company bribed officials in the Philippines, ruling the materials are "plainly relevant" to the network's defense against defamation claims.

  • May 13, 2025

    Investment Firm Drops 2 Counts From $70M Client Poach Suit

    Connecticut investment firm TJT Capital Group LLC has agreed to drop a Computer Fraud and Abuse Act count and a common-law trade secrets misappropriation claim from a lawsuit accusing a chief compliance officer of taking $70 million in assets under management with him when he left for a new job.

  • May 13, 2025

    Father-Son Duo Get Prison Terms In $100M Deli Fraud

    A father and son were handed down federal prison sentences on Tuesday for their roles in a scheme that tricked investors into thinking a small, unprofitable Garden State deli was worth $100 million.

  • May 13, 2025

    SEC's Uyeda Encourages Opening 401(k)s To Private Assets

    U.S. Securities and Exchange Commissioner Mark Uyeda said Tuesday that regulators should explore how retirement accounts could expand to include private equity investments, arguing that such a shift would put 401(k) plans on par with pension funds.

  • May 13, 2025

    CFTC Faces Sanctions For 'Bad Faith' Actions In Forex Case

    The U.S. Commodity Futures Trading Commission is staring down sanctions in a case accusing a foreign exchange firm of fraud, with a special master recommending Tuesday that the agency pay the firm's legal fees for acting in bad faith in order to gain a "tactical advantage" in the case.

  • May 13, 2025

    SEC X Account Hack Conspirator Deserves 2 Years, Feds Say

    Federal prosecutors are seeking a two-year sentence for an Alabama man who admitted to his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy, while the man himself said Tuesday that a year and a day should suffice.

  • May 13, 2025

    4 Firms Build Robinhood's $178.9M Canadian Crypto Buy

    Financial services giant Robinhood on Tuesday unveiled plans to acquire Canadian cryptocurrency platform WonderFi Technologies in a CA$250 million ($179 million) take-private deal built by four law firms.

  • May 13, 2025

    DOJ Criminal Division Head Dangles Self-Disclosure 'Carrot'

    The U.S. Department of Justice unveiled a revised corporate enforcement policy Monday that offers companies a "clear path" to avoid criminal resolutions when they voluntarily self-disclose misconduct, a boon for American businesses that further scales back the scope of white collar enforcement under the Trump administration.

  • May 13, 2025

    Feds Nixing Crypto 'Property' Theft Charge Against Brothers

    Prosecutors have told a Manhattan federal judge that they plan to drop a charge of conspiracy to receive stolen property against two Massachusetts Institute of Technology-educated brothers accused of stealing $25 million worth of cryptocurrency, after the defendants pointed to a U.S. Department of Justice memo limiting certain charges involving digital assets.

  • May 13, 2025

    Morgan Lewis Adds Ex-Dechert Registered Funds Pro In NY

    Morgan Lewis & Bockius LLP has added a registered funds specialist who previously served over 20 years with Dechert LLP as a partner in its New York office, the firm announced Tuesday.

  • May 12, 2025

    Bitcoin Miner Investor Sues Over Flawed Financial Reports

    Bitcoin mining company Bitfarms Ltd. faces a proposed investor class action alleging it improperly accounted for certain capital-raising transactions, hurting investors when it announced it would restate its 2022 and 2023 financials.

  • May 12, 2025

    Coinbase Inks $2.25M Deal In Dogecoin Sweepstakes Suit

    Coinbase Inc. and promoter Marden-Kane have agreed to pay $2.25 million to put to rest a proposed class action over a Dogecoin cryptocurrency sweepstakes, a deal that follows a trip to the U.S. Supreme Court, according to a motion filed in California federal court Friday.

Expert Analysis

  • SEC Motion Response Could Reveal New Crypto Approach

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    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.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    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.

  • Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

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    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.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    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.

  • Expect Scrutiny Of Banks To Persist, Even Under Trump

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    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.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    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.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    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.

  • When Innovation Overwhelms The Rule Of Law

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    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.

  • What Compensation Committees Must Keep In Mind In 2025

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    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.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    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.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    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.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    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.

  • How Cos. Can Prepare Now For SEC E-Filing System Changes

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    The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

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