Asset Management

  • January 01, 2025

    Trump's Regulatory Agenda Looms Over Compliance In 2025

    The world of financial regulatory compliance will be keeping an eye on how Donald Trump's return to the White House will live up to his campaign promises of deregulation, new tariffs and more in the new year, while preparing for the end of various Biden administration priorities.

  • December 23, 2024

    OCC Orders BofA To Enhance BSA Compliance Programs

    The Office of the Comptroller of the Currency on Monday ordered Bank of America NA to take several corrective actions to enhance its Bank Secrecy Act and anti-money laundering sanctions compliance programs to resolve claims the bank had deficiencies in these programs and failed to timely file suspicious activity reports.

  • December 20, 2024

    SEC's Dealer Rule Loss Is A Lesson To Regulators, Atty Says

    A Sullivan & Cromwell LLP attorney who successfully litigated a crypto industry challenge to vacate a U.S. Securities and Exchange Commission rule expanding the definition of dealer said the Texas federal judge's decision is another block in the recent chain of court decisions warning federal agencies to refrain from stretching old statutory terms to reach new contexts that aren't clearly within their authority.

  • December 20, 2024

    TD Bank, Boeing And Medicare: Compliance Headlines In 2024

    Corporate compliance lessons were never far from the headlines in 2024, as regulatory challenges and headaches facing industries ranging from healthcare to aerospace played front and center, including TD Bank's historic $3.1 billion money laundering settlement that federal prosecutors billed as one for the risk-management textbooks.

  • December 20, 2024

    Argentina Asks Justices To Review Bondholders' $310M Win

    Argentina wants the U.S. Supreme Court to resolve a circuit split over what law applies when determining whether a country's assets are shielded from creditors under the Foreign Sovereign Immunities Act, saying its reversionary interests worth $310 million in collateral backing recently matured 1990s Brady bonds are immune.

  • December 20, 2024

    A Look Back At 2024's Major Securities Litigation Moments

    The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.

  • December 20, 2024

    Suit Slams SEC's Use Of 'Career Death Penalty'

    A father and son who settled allegations of defrauding investment advisory clients with the U.S. Securities and Exchange Commission are suing in D.C. federal court to block the agency from barring them from the securities industry, claiming that the administrative case is unconstitutional.

  • December 20, 2024

    Wells Fargo, LPL Financial Fined $3.6M For Bad Trading Data

    Wells Fargo Clearing Services LLC and LPL Financial LLC on Friday each agreed to pay separate $900,000 fines to the U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority to resolve claims they failed to provide complete and accurate securities trading information, known as blue sheet data.

  • December 20, 2024

    Deutsche Bank Unit To Pay SEC $4M For Untimely SARs

    Deutsche Bank Securities Inc., a subsidiary of Deutsche Bank AG, has agreed to pay $4 million to the U.S. Securities and Exchange Commission to resolve claims that the registered broker-dealer did not file certain suspicious activity reports in a timely manner for transactions that they suspected involved criminal activity or funds derived from illegal activity.

  • December 20, 2024

    SEC Sues Silver Point Over Atty's Receipt Of Nonpublic Info

    The U.S. Securities and Exchange Commission sued investment adviser firm Silver Point Capital LP in Connecticut federal court on Friday, alleging that it failed to establish policies to safeguard material nonpublic information, particularly from a now-deceased former BigLaw attorney.

  • December 20, 2024

    Edward Jones, Others To Return $8.2M To Mutual Fund Clients

    Edward Jones and two firms that oversee mutual funds have agreed to collectively return $8.2 million to customers who were allegedly made to pay excess sales charges and fees, according to a Friday statement from the Financial Industry Regulatory Authority.

  • December 20, 2024

    DOL Sues Over New York BBQ Co.'s $99M Stock Plan Deal

    The U.S. Department of Labor sued Argent Trust Co. and several New York City restaurant operators in federal court, alleging they violated federal benefits law by causing a barbecue company's employee stock ownership plan to pay $99 million for overvalued company stock in a leveraged transaction.

  • December 20, 2024

    Trump Transfers $4B Equity Stake In Media Startup To Trust

    President-elect Donald Trump has transferred control over his estimated $4 billion stake in the company that owns his social media platform to a revocable trust held by his son, according to regulatory flings.

  • December 20, 2024

    Prudential Freed From 401(k) Mismanagement Suit

    A New Jersey federal judge tossed a class action claiming Prudential bogged down its retirement plan with underperforming funds while also funneling money into a proprietary investing tool that benefited the company over employees, ruling the case lacks proof that mismanagement occurred.

  • December 20, 2024

    Capital Markets Attorneys Ready For Reset After Bumpy 2024

    Capital markets activity — initial public offerings especially — posted a hesitant recovery in 2024, marginally increasing over prior-year levels before pausing altogether during a heated presidential election and postponing attorneys' hopes for a stronger rebound until 2025.

  • December 19, 2024

    Aviation Co. AAR To Pay $55M Over Alleged Bribery Schemes

    AAR Corp. has agreed to shell out $55 million to resolve allegations from both the U.S. Securities and Exchange Commission and U.S. Department of Justice that the aviation services provider bribed government officials in Nepal and South Africa, the agencies announced Thursday.

  • December 19, 2024

    SEC Nabs $5M Judgment In Elder Fraud Case Against Adviser

    The U.S. Securities and Exchange Commission has scored a $4.8 million judgment in its suit accusing an investment adviser and her firm of scamming her primarily elderly clients out of over $2 million.

  • December 19, 2024

    CFTC Urges 7th Circ. To Uphold $231M Crypto 'Ponzi' Penalty

    The U.S. Commodity Futures Trading Commission has urged the Seventh Circuit to uphold a $231.5 million judgment against a man they say ran a cryptocurrency Ponzi scheme, arguing it is "undisputed" that the agency has authority to regulate the trading of bitcoin and ether.

  • December 19, 2024

    Ropes-Led Bain Capital Trims Stake In Kioxia After $800M IPO

    Bain Capital LP trimmed its majority stake in Japanese chipmaker Kioxia Holdings Corp. following the company's $800 million initial public offering, according to a statement Thursday by Ropes & Gray LLP, which represented the private equity giant in the transaction. 

  • December 19, 2024

    UBS Unit To Pay $3.5M Over FINRA Preferred Stock Claims

    The brokerage unit of UBS has agreed to pay nearly $3.5 million to settle the Financial Industry Regulatory Authority's allegations that it did not have the proper supervisory system to catch unsuitable recommendations for short-term trades of syndicate preferred stocks.

  • December 19, 2024

    Medical Supplies Giant, Drone Operator File Confidential IPOs

    Private equity-backed medical supplies giant Medline Inc. and drone operator Airo Group Holdings Inc. said Thursday that they confidentially filed plans for initial public offerings with regulators, joining a growing pipeline of IPO prospects for 2025.

  • December 19, 2024

    Judge Says Investing Firm Owes Marketer $330K, Not $10M

    Following a four-day bench trial, a Colorado federal judge has ruled a marketing company is entitled to $331,000 in damages from an investment advisory firm that shorted it on commission for consulting services, but rejected the $10 million liability the marketer asserted in the nearly decade-old litigation.

  • December 19, 2024

    3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum

    The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.

  • December 19, 2024

    Medical Device Investors Get Final OK On $15M Deal

    A North Carolina federal judge has given final approval to a $15.25 million settlement that will resolve a suit claiming Bioventus Inc. misled investors about its internal controls and financial health and its readiness to implement new Medicare regulations, leading to inflated stock prices, along with $5 million in attorney fees.

  • December 19, 2024

    X Workers Say Entire Severance Suit Should Survive

    Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • Assessing Whether Jarkesy May Limit FINRA Prosecutions

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    The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Banking Compliance Takeaways From Joint Agency Statement

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    Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.

  • 6 Considerations To Determine If A Cyber Incident Is Material

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    The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Whistleblowers Must Note 5 Key Differences Of DOJ Program

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    The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Crypto Regs Could See A Reset Under The Next President

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    Donald Trump has taken a permissive policy stance favoring crypto, while Kamala Harris has been silent on the issue, but no matter who wins the presidential election, we may see a more lenient regulatory climate toward the digital currency than from the Biden administration, says Liam Murphy at McKool Smith.

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