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Securities
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May 02, 2025
Money Laundering, Tax Charges Nixed Vs. Crypto Operator
An Indiana federal judge dismissed the U.S. government's cases against a man accused of operating an unlicensed money transmitting business, laundering proceeds through cryptocurrency transactions and failing to file tax returns after finding his business was not subject to registration requirements, as the government had maintained.
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May 02, 2025
Trade War Spurs Companies To Freshen Disclosure Playbooks
Against the backdrop of a protracted trade war that has rattled investors, companies are honing their securities filings and public communications strategies, posing fresh challenges for corporations and their lawyers, who are otherwise accustomed to navigating global disruptions.
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May 02, 2025
Auto Services Co. Top Brass Sued Over Biz Integration Issues
The top brass of Driven Brands Holdings Inc., the largest automotive services company in North America, has been hit with a shareholder derivative suit for allegedly failing to disclose integration issues the company faced after acquiring small business segments, which caused Driven's stock price to drop when the truth was revealed.
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May 02, 2025
Sidley Adds 10 A&O Shearman Attys In DC, NY, Singapore
Sidley Austin LLP has hired 10 attorneys from Allen Overy Shearman Sterling in New York, Washington, D.C., and Singapore, including the U.S. leader of the firm's financial services regulatory group.
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May 02, 2025
DC Circ. Seems Unconvinced That Proxy Firms 'Solicit'
An industry group's bid to revive a U.S. Securities and Exchange Commission rule regulating proxy advisory firms seemed to meet a skeptical D.C. Circuit panel on Friday, as the judges questioned whether those firms "solicit" proxy votes.
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May 02, 2025
Frank Execs Trade Blame In Dueling Bids For New Trial
Frank founder Charlie Javice and former executive Olivier Amar each requested new trials on charges alleging they tricked JPMorgan Chase & Co. into buying the student aid assistance startup for $175 million, with Javice asserting that her co-defendant acted as a second prosecutor and Amar saying he was unfairly lumped into what the government called a criminal scheme.
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May 01, 2025
NY Judge Says He May Nix $110M Mango Markets Fraud Verdict
A Manhattan federal judge on Thursday suggested that he may grant all or part of a crypto trader's motion for acquittal or a new trial over allegations that he defrauded Mango Markets investors out of $110 million by manipulating the price of the exchange's native token, in a ruling that would likely center on issues involving mixed swaps or venue.
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May 01, 2025
FTC, Nevada Accuse Trading Training Biz Of $1.2B Scam
The Federal Trade Commission and Nevada on Thursday filed suit in federal court against an investment training company they alleged scammed more than $1.2 billion out of consumers, mostly young adults, by selling trading courses taught by "bogus" instructors and encouraging consumers to participate in a multi-level marketing scheme.
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May 01, 2025
Claims Against Attys In $2.6B Casino Merger Row Get Tossed
A Manhattan federal judge on Thursday permanently ended claims a real estate investor in a botched $2.6 billion Philippine casino deal brought against attorneys from Sadis & Goldberg LLP, finding that claims that they allowed a fraud to unfold and breached their fiduciary duties were too vague.
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May 01, 2025
Death Bond Fund Manager Inflated Asset Values, Suit Says
An Illinois fund that invests in life insurance policies has been hit with securities fraud, breach of fiduciary duty and several other claims in a suit seeking at least $50 million that alleges it manipulated the value of illiquid assets to collect inflated fees from investors.
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May 01, 2025
2 Firms To Co-Lead Block Investor Suit Over Cash App
Cohen Milstein Sellers & Toll PLLC and Lieff Cabraser Heimann & Bernstein LLP will represent a proposed class of investors in a suit alleging Jack Dorsey's fintech company Block Inc. created a "haven for criminal and illicit activities" on its Cash App and Square payment platforms despite touting its anti-money laundering protocols.
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May 01, 2025
SEC Drops Case Against Crypto Promoter Ian Balina
The U.S. Securities and Exchange Commission moved Thursday to drop its suit over cryptocurrency influencer Ian Balina's alleged promotion of so-called SPRK tokens, about a month after Balina's attorneys said the federal regulator planned to walk away from the case.
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May 01, 2025
FINRA Fines Interactive Brokers Over Complaint Reporting
The Financial Industry Regulatory Authority announced online broker-dealer Interactive Brokers LLC will pay $400,0000 to settle claims it failed to report regulatory complaints and customer grievances regarding the functionality of its virtual platform to FINRA over an 11-year period.
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May 01, 2025
Fla. Panel Reverses Default Judgment In Prized Horses Suit
A Florida appeals court Wednesday reversed a default judgment against a show horse owner in a dispute with investors, ruling that the court jumped the gun on the judgment after learning the owner faked brain cancer treatment to get preferred hearing dates.
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May 01, 2025
Ex-FirstEnergy Execs Object To Possible Sanctions Order
Two former FirstEnergy Corp. executives indicted over their alleged roles in a $1 billion bribery scandal objected Thursday to the possibility they could be sanctioned for failing to produce certain information in a civil suit brought by FirstEnergy investors, calling language in a special master's report "inappropriate" and potentially prejudicial.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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. Â
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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.
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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.
Expert Analysis
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.