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Asset Management
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November 14, 2024
Crypto And Private Fund Groups Push SEC On Dealer Rule
Crypto industry groups and private fund associations tag-teamed the U.S. Securities and Exchange Commission on Thursday during a hearing over two cases relating to the agency's expanded definition of securities dealers, telling a Texas federal court that the new rule marked a dramatic overreach by the regulator.
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November 14, 2024
Fenwick-Led AI Firm CoreWeave Inks $650M Secondary Sale
Artificial intelligence-focused startup CoreWeave Inc. has closed a secondary share sale totaling $650 million, represented by Fenwick & West LLP, enabling existing shareholders to sell stock to new investors before an expected initial public offering.
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November 14, 2024
Whole Foods Workers Seek Massive Class In 401(k) Fee Suit
Former Whole Foods employees have asked a Texas federal judge to turn their suit against the company into a class action, saying they'd like to represent nearly 100,000 current and former employees in litigation accusing the grocery chain of mismanaging its 401(k) plan.
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November 14, 2024
Boeing Could Sell Navigation Unit For $6B, And More Rumors
Boeing is mulling a sale of its Jeppesen navigation unit at potential $6 billion price tag, Pfizer may be seeking billions for its hospital drug unit, and a U.S. gas station and convenience store business could be sold at a $1.5 billion value. Here, Law360 breaks down these and other notable deal rumors from the past week.
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November 14, 2024
Ovintiv Buys Montney Assets For $2.4B, Sells Others For $2B
Natural gas producer Ovintiv Inc. said Thursday it will purchase certain Montney Basin assets in Canada from Paramount Resources Ltd. in an all-cash deal worth about $2.38 billion, and also announced plans to divest its Uinta Basin assets in a sale to FourPoint Resources Ltd. and its private equity partners for $2 billion, with at least five law firms advising on the deals.
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November 14, 2024
'We'll Leave It To Others': SEC's Gensler Hints At Exit
U.S. Securities and Exchange Commission Chair Gary Gensler gave a lengthy speech Thursday about his legacy and what remains to be done on regulations related to investors' climate, artificial intelligence and crypto concerns.
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November 14, 2024
Settlement Reached In Ga. Data Breach Class Action
The companies behind high-interest loan products TitleMax, TitleBucks and InstaLoan have reached a tentative settlement with customers who alleged the companies failed to protect their personal information, leading to a data breach that affected an estimated 4.8 million people.
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November 14, 2024
MVP: Kirkland's Robert Blaustein
Robert Blaustein of Kirkland & Ellis LLP's investment funds practice group currently counsels 10 funds seeking more than $50 billion of capital, and has led sponsors in raising more than $100 billion in aggregate capital, earning him a spot as one of the 2024 Law360 Fund Formation MVPs.
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November 13, 2024
Tempur Sealy Has 'Keys' To Merger, Mattress Firm CEO Says
Mattress Firm's CEO told a Houston judge Wednesday that he has not had any involvement in Tempur Sealy's post-acquisition agreements with mattress suppliers, testifying that Tempur's board chairman and CEO is the one "driving" the deal.
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November 13, 2024
2 Firms Tapped To Lead French Fry Maker Investor Suit
Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer PA have been named lead counsel in a now-consolidated suit in Idaho federal court accusing frozen potato products company Lamb Weston of scorching its revenue projections with the poor implementation of a new software system, leading to a nearly 20% share decline.
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November 13, 2024
Swedish Fintech Klarna Confidentially Files US IPO Plans
Klarna Group PLC, a Stockholm-based financial technology startup, announced Wednesday it has confidentially submitted its plans for an initial public offering to the U.S. Securities and Exchange Commission, paving the way for a long-awaited listing.
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November 13, 2024
PrivatBank Says Ukraine Ruling Doesn't Bar Looting Suit
An attorney for Ukraine's PrivatBank urged a Delaware vice chancellor Wednesday to reject arguments that the bank's multibillion-dollar fraud and unjust enrichment loan claims against two oligarchs and others were undone by an allegedly narrow Ukrainian high court ruling in favor of the borrowers.
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November 13, 2024
Justices Puzzled By Nvidia's Position In Investor Case
Some U.S. Supreme Court justices on Wednesday seemed to regret the decision to hear a dispute between chipmaker Nvidia Corp. and its investors, wondering whether a disagreement over what the company knew about its sales to crypto miners has any bearing on other securities class action lawsuits.
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November 13, 2024
SEC's Uyeda Says Limits On Private Funds Need Review
Smaller private and venture capital funds could benefit from less-stringent registration requirements, a Republican member of the U.S. Securities and Exchange Commission told an advisory panel Wednesday, saying the time is ripe to review whether existing thresholds still make sense.
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November 13, 2024
Frontier Stockholders Vote In Favor Of $20B Verizon Deal
Frontier Communications stockholders approved the company's planned $20 billion sale to Verizon Communications Inc. on Wednesday, despite prior pushback from select investors and recommendations from top proxy advisory firms to abstain.
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November 13, 2024
Fla. Judge Tosses Law Firm Investor's Derivative Suit
A Florida judge dismissed a derivative lawsuit Wednesday against a law firm brought by an investor claiming two partners orchestrated a litigation funding fraud, saying the investor needs to flesh out allegations about a contractual requirement to hold a vote with firm members before bringing suit.
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November 13, 2024
MVP: Paul Weiss' Marco Masotti
Over the past year, Marco Masotti of Paul Weiss Rifkind Wharton & Garrison LLP's investment funds group helped Apollo Global Management close its $20 billion Apollo Fund X and guided Oak Hill Capital through several major private equity transactions, earning him a spot as one of the 2024 Law360 Fund Formation MVPs.
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November 12, 2024
Ex-FDIC Head Urges Banks To 'Push Back' Against Examiners
A former top Trump banking regulator on Tuesday called for bank executives to show "backbone" and push back when they are challenged with bad exam findings from their regulators, urging resistance as an antidote to perceived excesses in bank oversight.
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November 12, 2024
FTX Targets Scaramucci, PACs, Law Firm In Wave Of Suits
Bankrupt cryptocurrency exchange FTX filed roughly 30 suits in a bid to recoup millions of dollars donated to political and charitable causes, losses caused by alleged market manipulation, and funds spent on business partnerships, including with Skybridge Capital's Anthony Scaramucci and a boutique Florida law firm.
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November 12, 2024
'I Had A Dream': NJ Ponzi Schemer Gets 12 Years
A New Jersey federal judge on Tuesday sentenced the operator of a defunct real estate investment fund to 12 years in prison, the maximum term under his plea deal for a $658 million Ponzi scheme, after considering his emotional plea for leniency that drew upon his admiration for the Rev. Dr. Martin Luther King Jr.
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November 12, 2024
Businessman Blames Dentons For Failed $54M Currency Swap
A Venezuelan businessman involved in a $54 million bolivar-to-dollars currency swap told a Miami jury on Tuesday that a former Dentons US LLP attorney told him several times that he needed to deposit more bolivars to meet a threshold minimum in order to receive U.S. dollars, but those promises never materialized.
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November 12, 2024
Shuttered NHL Talent Rep Appeals Asset Freeze To 1st Circ.
The owner of a now-defunct talent agency that represented professional hockey players is asking the First Circuit to overturn a ruling that froze his assets while a suit from a rival Finland-based management company proceeds in Massachusetts federal court.
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November 12, 2024
3 Firms Guide Rare Canadian IPO Eyed By Groupe Dynamite
Canadian women's clothing retailer Groupe Dynamite Inc. has launched plans for an estimated C$300 million ($215 million) initial public offering, marking a rare Canadian listing under guidance from three law firms.
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November 12, 2024
Tempur Sealy Merger 'Surprisingly Bold,' Competitor Testifies
The CEO of a Utah-based mattress company told a Houston federal judge Tuesday that Tempur Sealy's proposed remedies under its $4 billion planned Mattress Firm purchase were "surprisingly bold" as the Federal Trade Commission began its case in opposition of the merger.
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November 12, 2024
American Airlines Escapes Pandemic Early Retirement Suit
A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims.
Expert Analysis
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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SEC Settlement Holds Important Pay-To-Play Lessons
The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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What The SEC Liquidity Risk Management Amendments Entail
Fund managers should be cognizant of the U.S. Security and Exchange Commission's recent changes to certain reporting requirements and guidance related to open-end fund liquidity risk management programs, and update their filing systems if need be, says Rachael Schwartz at Sullivan & Worcester.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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Mitigating Risk In Net Asset Value Facility Bankruptcies
In times of economic turbulence, parties to bankruptcy proceedings that involve net asset value facilities can mitigate risk by understanding the purpose of the automatic stay, complications it can create for NAV facility lenders and options for relief, say attorneys at Mayer Brown.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.