Asset Management

  • October 07, 2024

    Morgan Lewis Taps SEC Enforcement Vet As DC Partner

    Morgan Lewis & Bockius LLP announced on Monday that it has bolstered its securities enforcement and litigation team by hiring as a new partner the former U.S. Securities and Exchange Commission division of enforcement associate director, a 17-year agency veteran who supervised many of the SEC's groundbreaking or noteworthy crypto actions, including one against Kim Kardashian.

  • October 07, 2024

    5th Circ. Casts Doubt On SEC's Updated Short-Selling Rules

    A Fifth Circuit panel on Monday appeared skeptical of the U.S. Securities and Exchange Commission's arguments for maintaining two regulations aiming to bolster transparency around short selling in the marketplace, with one judge asking whether the agency was "having cake and eating it too," by claiming that the rules were not interconnected in a way that was fatally flawed.

  • October 07, 2024

    Biotech, Medical Device Firms Prep Three IPOs Totaling $376M

    Two venture-backed biotechnology startups and a medical device maker launched plans on Monday for three initial public offerings projected to raise about $376 million combined, adding to a busy schedule of IPOs this week.

  • October 07, 2024

    Chancery Holds Status Quo On Md. Data Center Pending Trial

    Delaware's Court of Chancery issued a partial status quo freeze Saturday on control of a $165 million site development project for a proposed $5 billion gigawatt data center complex near Frederick, Maryland, pending trial on claims that the original project managers had defaulted, but challenged their purported replacement.

  • October 07, 2024

    Trio Of 1st Circ. Criminal Cases Turned Away By Top Court

    The U.S. Supreme Court on Monday declined to review three white collar cases on appeal from the First Circuit, including challenges to a cryptocurrency founder's conviction for investor theft and an Illinois attorney's fraud and money laundering conspiracy verdict.

  • October 07, 2024

    Kirkland-Led Shore Capital Lands Almost $2B Across 3 Funds

    Lower-middle-market private equity shop Shore Capital Partners, led by Kirkland & Ellis LLP, on Monday announced that it wrapped three funds with a combined total of nearly $2 billion in commitments.

  • October 07, 2024

    Manafort Associate's Bribery Case Won't Get Top Court Look

    The U.S. Supreme Court on Monday declined to take up the case of a former bank CEO who had argued the Second Circuit's decision to uphold his conviction for bribing former Donald Trump staffer Paul Manafort wrongly criminalized even the smallest of benefits a bank executive receives from a customer.

  • October 07, 2024

    Justices Want SG's Take On Union Pension Withdrawal Case

    The U.S. Supreme Court asked the federal government Monday to weigh in on an employer-side petition in a fight over what actuarial assumptions multi-employer pension funds are allowed to use under federal benefits law when determining an employer's withdrawal liability.

  • October 07, 2024

    Alta Fox Latest Activist To Take Aim At Forward Air Corp.

    Forward Air Corp. shareholder Alta Fox in a Monday letter blasted the "disastrous record of ignoring shareholders' views" by the asset-light transportation services provider and demanded immediate change, marking the second activist investor to take aim at the company in recent months.

  • October 07, 2024

    Mayer Brown Partner Returns To Hunton In DC

    A partner at Mayer Brown LLP, who started his legal career nearly a decade ago with Hunton Andrews Kurth LLP, has rejoined the firm as a partner in its Washington office, the firm announced Monday.

  • October 07, 2024

    Chevron Nets $6.5B In Sale Of Canadian Oil Assets

    Chevron Canada Ltd. said Monday it has agreed to sell off its stakes in the Athabasca Oil Sands Project and the Duvernay shale to Canadian Natural Resources Ltd. for $6.5 billion.

  • October 07, 2024

    3 Firms Advise $1B Blue Owl Buy Of Data Center Firm IPI

    Asset manager Blue Owl Capital said Monday that it will pay $1 billion to acquire digital infrastructure fund manager IPI Partners, in a deal advised by Gibson Dunn & Crutcher LLP, Morrison Foerster LLP and Kirkland & Ellis LLP.

  • October 07, 2024

    3 Firms Guide Apollo, Barnes Group On $3.6B Take-Private

    Barnes Group said Monday that funds managed by Apollo Global Management will acquire the aerospace parts maker in a deal valued at $3.6 billion, with Wachtell Lipton Rosen & Katz advising Barnes and Latham & Watkins LLP and Paul Weiss Rifkind Wharton & Garrison LLP guiding Apollo.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Milbank LLP Lands Departing SEC Enforcement Chief Grewal

    Departing U.S. Securities and Exchange Commission enforcement director Gurbir Grewal will land at Milbank LLP in New York after he leaves the agency later this month, joining the law firm's litigation and arbitration group, according to a person familiar with the matter.

  • October 04, 2024

    Real Estate Execs Accused Of NYC Deed Theft Scheme

    Three real estate executives have been arrested in connection with a purported $500,000 deed theft scheme that preyed upon a vulnerable home owner in the Bronx, according to the Office of the New York State Attorney General.

  • October 04, 2024

    SEC Suit Over Fund Adviser's $1B Loss Teed Up For Trial

    An Illinois federal judge has declined to grant the U.S. Securities and Exchange Commission a win in its suit accusing a now-defunct Chicago investment adviser of mismanaging $1 billion in assets, finding that a jury will need to consider many of the suit's claims around whether investors were misled about the firm's trading strategy and risk management practices.

  • October 04, 2024

    Thrivent Unit Pays SEC Fine Over Alleged Reg BI Lapses

    Thrivent Investment Management Inc. has settled the U.S. Securities and Exchange Commission's allegations that it violated Regulation Best Interest when recommending certain investments to customers enrolled in college savings plans when lower-priced options were available.

  • October 04, 2024

    SEC Should Take Over Market Database, Investor Group Says

    An investor-side trade association is pushing the U.S. Securities and Exchange Commission to take control of a controversial market surveillance tool out of the hands of the nation's stock exchanges, saying in a recent rulemaking petition that a failure to do so could be "catastrophic" if either the government or the courts decide to shut down the database.

  • October 04, 2024

    High Court Agrees To Hear Hamas Banking Case

    The U.S. Supreme Court on Friday agreed to take up a Lebanese bank's bid to end a suit brought by victims of Hamas terrorist attacks, which the bank argued is settled because the victims waited too long to move to vacate a lower court's judgment in the bank's favor.

  • October 04, 2024

    Credit Suisse Investors Joust Over Bids To Be Class Leader

    A Credit Suisse investor in a class action alleging the bank misled investors about its condition in the run-up to its collapse and takeover by UBS has asked a New York federal judge to toss the current lead plaintiff in favor of himself, while the current lead plaintiff shot back with an opposition.

  • October 04, 2024

    Tempur Sealy, Mattress Firm Sue To Block FTC Merger Case

    Tempur Sealy International Inc. and Mattress Firm Group Inc. told a Texas federal court on Friday that the Federal Trade Commission's in-house process violates the Constitution, so the agency's case challenging their planned $4 billion merger should be blocked.

  • October 04, 2024

    Pool Equipment-Maker Sinks Shareholder Suit, For Now

    A New Jersey federal judge Wednesday dismissed a proposed investor class action against pool supply company Hayward Holdings Inc. over claims that the company concealed it was struggling with ballooning inventory and lowered demand, saying the investors do not sufficiently explain why the alleged misstatements cited in the complaint are actionable.

  • October 04, 2024

    EB-5 Partner Accuses NC Atty Of Aiding Investor Coup

    A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.

  • October 04, 2024

    4 Benefits Appellate Arguments To Watch In October

    The Fourth Circuit will consider a drugmaker's challenge to a West Virginia state law restricting access to the abortion drug mifepristone and Ohio pension funds are seeking to revive an investor class action at the Second Circuit, while the First and Ninth Circuits will take up executive compensation disputes. Here are four appellate arguments in October involving employee benefits that attorneys may want to keep on their radar.

Expert Analysis

  • Standardizing Early Case Appraisal In Securities Class Actions

    Author Photo

    While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

    Author Photo

    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

    Author Photo

    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

    Author Photo

    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • What's Extraordinary About Challenges To SEC Climate Rule

    Author Photo

    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • Series

    Swimming Makes Me A Better Lawyer

    Author Photo

    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Key Priorities In FDIC Report On Resolving Big Bank Failures

    Author Photo

    The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.

  • A Recipe For Growth Equity Investing In A Slow M&A Market

    Author Photo

    Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

    Author Photo

    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

    Author Photo

    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • What Makes Unionization In Financial Services Unique

    Author Photo

    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

    Author Photo

    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • FDIC Bank Disclosure Rules Raise Important Questions

    Author Photo

    The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

    Author Photo

    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • Don't Use The Same Template For Every Client Alert

    Author Photo

    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Asset Management archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!