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Securities
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September 10, 2025
Airbnb Presses Bid To Toss Conservative Shareholders' Suit
Airbnb Inc. is urging a Delaware federal judge to reject a lawsuit from two conservative institutional shareholders, arguing that delivery of the groups' shareholder proposals to the company's mail room doesn't suggest executives sought to exclude the submissions from the company's 2025 proxy materials.
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September 10, 2025
3rd Circ. Questions NJ's Bid To Block Kalshi's Sports Bets
The Third Circuit seemed prepared on Wednesday to block New Jersey from enforcing a sports gambling ban on trading platform KalshiEx, with at least one judge arguing the U.S. Commodity Futures Trading Commission's authority to regulate the event contracts space "seems quite broad."
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September 10, 2025
FINRA Fines Jefferies $1M Over Inaccurate Reserve Math
Financial services giant Jefferies LLC has been fined $1 million by the Financial Industry Regulatory Authority after its improper reserve calculations caused the firm to file a number of inaccurate reports, it said.
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September 10, 2025
Meet The Attys Now Fighting Judge Newman's Suspension
Federal Circuit Judge Pauline Newman's main attorney in the fight against her suspension from the appeals court has departed from the New Civil Liberties Alliance, leaving his former colleagues to head the litigation.
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
Trump's Pick For Fed Board Seat Moves Ahead To Full Senate
The U.S. Senate Banking Committee on Wednesday endorsed President Donald Trump's bid to install Stephen Miran, a top White House economist, at the Federal Reserve, advancing his nomination over Democratic objections that he would be a Trump loyalist rather than an independent central banker.
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September 10, 2025
DOJ Must Hand Over Documents To Ex-JPMorgan Trader
A Washington, D.C., federal judge has ruled that the U.S. Department of Justice did not properly withhold portions of documents that reference grand jury exhibits from a former JPMorgan trader that were part of a market manipulation case that he beat in 2018, and ordered the DOJ to turn over the documents in question.
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September 10, 2025
Del. Justices Urged To Reverse Ad Co. Note Conversion Nix
An investor group attorney told three Delaware Supreme Court justices Wednesday that the Court of Chancery wrongly found last year that advertising tech company Vistar Media Inc. had a right to involuntarily cash out millions worth of matured investor notes despite noteholder claims their agreement never allowed the move.
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September 10, 2025
SEC Taps Gibson Atty To Head Corporation Finance Division
The U.S. Securities and Exchange Commission on Wednesday named the co-chair of Gibson Dunn & Crutcher LLP's securities regulation practice as the new leader of its Division of Corporation Finance, which is responsible for writing rules and providing guidance to publicly traded companies on shareholder disclosure matters, among other things.
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September 10, 2025
Molson Coors Kept Subpar Fund In $2B 401(k) Plan, Suit Says
Molson Coors kept a risky and poorly performing fund in its nearly $2 billion employee 401(k) plan, costing plan participants millions of dollars in retirement savings, a former worker for the brewing giant said in a proposed class action in Wisconsin federal court.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 09, 2025
Fed Reserve Gov. Cook Wins Removal Reprieve For Now
Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.
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September 09, 2025
Block Beats Investor Action Over 2021 Customer Data Breach
A Manhattan federal judge Tuesday knocked out consolidated litigation alleging Block's stock price plummeted after the financial technology company dilly-dallied disclosing a 2021 data breach stemming from a former employee's alleged theft of customer information, saying the complaint doesn't allege Block made misleading statements or knew it was misleading investors.
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September 09, 2025
Investor Tells Texas Justices UDF Claims Aren't Derivative
The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.
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September 09, 2025
Ex-SEC Trading And Markets Special Counsel Joins Skadden
Skadden Arps Slate Meagher & Flom LLP has added a former U.S. Securities and Exchange Commission attorney to its white collar defense and regulatory team in its Washington, D.C., office, the firm announced Tuesday.
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September 09, 2025
5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action
A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.
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September 09, 2025
Ariz. Developer, Son Get Prison For $280M Sports Park Fraud
An Arizona developer and his son were both sentenced to prison Tuesday for deceiving investors into sinking $280 million into a Phoenix-area sports park by forging documents and inflating revenue projections for the facility, which entered bankruptcy soon after it opened.
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September 09, 2025
Private Fund Adviser To Pay $9.7M To End SEC Suit
The U.S. Securities and Exchange Commission announced on Tuesday that a real estate-focused Colorado private fund adviser and his two management firms would pay $9.7 million to settle claims of defrauding investors with misrepresentations, which include concealing conflicts of interests in proposed buyout transaction requests he sent to investors.
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September 09, 2025
DC Says Crypto ATM Operator Profits Off Senior Scams
Athena Bitcoin, one of the country's largest operators of so-called bitcoin automated teller machines, has been sued by the D.C. attorney general for allegedly charging undisclosed fees on deposits it knew were often the result of scams, for failing to implement adequate anti-fraud measures, and for refusing to refund scam victims.
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September 09, 2025
SEC Sued To Lift Private Market Investment Cap
A U.S. Securities and Exchange Commission regulation that prohibits individuals making less than $200,000 a year from investing in the private markets is unconstitutionally discriminatory, according to a lawsuit launched against the agency in Texas federal court.
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September 09, 2025
CFTC Fines Colo. Trader Over Futures Market Spoofing Claim
The U.S. Commodity Futures Trading Commission announced Tuesday that a Colorado man has agreed to pay $200,000 to settle allegations that he spoofed a pair of futures markets on the Chicago Mercantile Exchange.
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September 09, 2025
Coinbase Vendor Called 'Major' Cog In 'Insider Bribery' MDL
A Manhattan federal judge said Tuesday that a Texas-based Coinbase vendor called TaskUs will be a "major participant" in multidistrict litigation centralized in New York over allegations that thousands of Coinbase customers were victimized in a bribery-fueled data compromise.
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September 09, 2025
Fund Managers, Firms Owe SEC $27.6M After Jury Trial Loss
Two men and their companies owe the U.S. Securities and Exchange Commission $27.6 million in disgorgement, interest and fines after a Wisconsin jury found they violated federal securities law with an offering that raised $53 million through "largely fictitious" gains in a fund valued in part on a gem and mineral collection.
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September 09, 2025
Azure Power Investors Get Final OK Of $23M Settlement
A New York federal judge granted final approval to a $23 million settlement between India-based solar energy company Azure Power and investors accusing it of misrepresenting its compliance with anti-corruption and anti-bribery laws, and the methods through which it won bids for projects.
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September 09, 2025
Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon
The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.
Expert Analysis
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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Liquidity Rule Compliance Still Vital Even After SEC Dismissal
Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.