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Securities
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June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Powell Says Leverage Rule Revamp Won't Exclude Treasuries
Federal Reserve Chair Jerome Powell told House lawmakers Tuesday that a forthcoming plan to revamp big-bank leverage limits won't exempt U.S. Treasuries from their calculation, a potential disappointment for financial-sector lobbies that hope to resurrect the pandemic-era carveout.Â
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June 24, 2025
Dollar General Beats Investor Suit Over Short Inventory, Staff
A Tennessee federal judge on Tuesday dismissed a proposed securities class action accusing Dollar General and its executives of hiding inventory and staffing issues, saying the plaintiffs have failed to show that the defendants acted with an intent to deceive.
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June 24, 2025
Black Accounting Group Sues Over $2.1M Cyber Heist
A nonprofit membership association for Black accountants has filed suit against an Arizona corporation, White Investments LLC, alleging the entity was used by fraudsters in a scheme to steal $2.14 million from the association.
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June 24, 2025
Health Data Co. Must Face Revised Investor Fraud Suit
A Connecticut federal judge won't toss an amended class action claiming a healthcare technology company misled investors about a data platform it claimed to operate that didn't actually exist, ruling that statements about the platform's capabilities are not inactionable, forward-looking statements.
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June 24, 2025
Chancery Won't Let Nielsen Spinoff Block Access To Data
Nielsen Holdings Ltd. won a temporary restraining order in Delaware's Court of Chancery Tuesday blocking a spun-off consumer intelligence venture from denying access to data used by Nielsen and another company that it intends to sell to the dissenting spinoff's competitor.
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June 24, 2025
GOP Senators Unveil Crypto Market Framework Principles
Senate Republicans on Tuesday morning released a set of principles to guide the development of digital asset market structure legislation, their latest push toward regulating the cryptocurrency space following their passage of stablecoin legislation last week.
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June 24, 2025
Judge Cites Slack In Tossing Allbirds Investors' IPO Suit
A California federal judge has once again tossed an investor class action accusing shoemaker Allbirds Inc. of failing to warn investors about the risks of its shifting business strategy ahead of its initial public offering, ruling that shareholders would need to prove they can overcome the U.S. Supreme Court's Slack test in order to move forward with the case.
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June 24, 2025
SEC, Ex-Chicago Hedge Fund Ink $5.8M Deal In Fraud Suit
The U.S. Securities and Exchange Commission has settled with a now-defunct Chicago investment firm in its lawsuit accusing the firm of mismanaging $1 billion in assets, ahead of a trial, with the firm and its co-defendants agreeing to fork over more than $5.8 million collectively.
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June 24, 2025
Ex-NFL Player Says Indicted Adviser Defrauded Him For Years
Retired Carolina Panthers defensive lineman Mike Rucker and his wife unknowingly invested in a Ponzi scheme perpetrated by their longtime financial adviser who is now under criminal indictment in North Carolina, according to a state court complaint they filed accusing him of mismanaging their money for decades.
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June 24, 2025
Twitter Investors Seek Class Cert. In Suit Against Musk
Shareholders of the social media company formerly known as Twitter have asked a New York federal judge to certify their proposed class in a suit accusing Elon Musk of failing to timely disclose his purchase of company stock back when it was publicly traded.
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June 24, 2025
P&G Worker's 'Unworthy' Ex Can't Claim $754K, 3rd Circ. Told
The estate of a late Procter & Gamble employee has urged the Third Circuit to undo a lower court's decisions in favor of the deceased employee's "unworthy ancient girlfriend" from the 1980s, arguing that the Pennsylvania federal judge who granted that former flame the worker's $754,000 retirement fund "failed to comprehend" relevant law.
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June 24, 2025
Dechert Grows In DC With SEC Investment Management Atty
Dechert LLP announced Tuesday that it has added the former assistant chief counsel of the U.S. Securities and Exchange Commission's Division of Investment Management to enhance its capacity to advise clients about financial services and regulatory matters.
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June 24, 2025
Kirkland Hires Goodwin Investment Partner In Boston
Kirkland & Ellis LLP has hired a former counsel to a commissioner of the U.S. Securities and Exchange Commission, who moves to the firm's Boston office after more than five years at Goodwin Procter LLP.
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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.
Expert Analysis
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Parsing The SEC's No-Action Letter On Rule 192 Compliance
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.
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High Court Order On Board Firings Is Cold Comfort For Fed
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.
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Series
Law School's Missed Lessons: Supporting A Trial Team
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.
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SEC Staff Input Eases Path For Broker-Dealer Crypto Activities
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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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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How The DOJ Is Redesigning Its Approach To Digital Assets
Two key digital asset enforcement policy pronouncements narrow the Justice Department's focus on threats like fraud, terrorism, trafficking and sanctions evasion and dial back so-called regulation by prosecution, but institutions prioritizing compliance must remember that the underlying statutory framework hasn't changed, say attorneys at Blank Rome.
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At 'SEC Speaks,' Leaders Frame New Views
At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Calif. Digital Assets Proposal Provides Only Partial Clarity
Recently proposed regulations under California's Digital Financial Assets Law answer some important questions about the new regime, particularly regarding its interaction with the state's money transmission law, but many key compliance questions remain, say attorneys at Stinson.
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Staying The Course Amid Seismic DOJ White Collar Changes
While some of the big changes at the U.S. Department of Justice during the second Trump administration — like an embrace of cryptocurrency and more politicized prosecutions — were expected, there have also been surprises, so practitioners should advise clients to stay focused on white collar compliance in this unpredictable environment, say attorneys at Keker.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Del. Dispatch: A Look At Indemnification Notice Provisions
The Delaware Supreme Court's recent decision in Thompson Street Capital Partners v. Sonova U.S. Hearing Instruments serves as a reminder that noncompliance with contractual requirements for an indemnification claim notice may result in forfeiture of the indemnification right, depending on both the agreement language and the circumstances, say attorneys at Fried Frank.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.