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Capital Markets
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January 13, 2025
Quinn Emanuel Scoops Up SDNY Securities Fraud Chief
Quinn Emanuel Urquhart & Sullivan LLP announced Monday that it has hired the former chief of the U.S. Attorney's Office for the Southern District of New York's securities and commodities fraud task force as a partner in its Manhattan office.
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January 13, 2025
Robinhood Users Oppose Arbitration Of 'Meme Stock' Claims
Stock trading platform Robinhood has failed to lay the groundwork for sending user disputes to arbitration, seven users of the platform claimed Monday in a bid to keep their claims in federal court over the company's 2021 suspension certain so-called meme stock trades.
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January 13, 2025
SEC Fines Robinhood $45M For Recordkeeping, Cyber Woes
The U.S. Securities and Exchange Commission announced Monday that Robinhood's broker-dealer units will pay a combined $45 million to settle a host of claims ranging from an alleged failure to file timely suspicious activity reports and address cybersecurity risks to alleged failures concerning data retention and recordkeeping.
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January 13, 2025
Binance Can't Get High Court To Review Class Cert. Decision
The U.S. Supreme Court on Monday passed on a petition from crypto exchange Binance Holdings Ltd. and its former CEO to consider whether transactions on its platform were beyond the reach of U.S. securities laws after a Second Circuit decision found enough stateside ties to revive a suit from the exchange's users.
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January 13, 2025
Colo. Justices Reject Co.'s Challenge To Storm Gas Bill
Colorado's highest court on Monday rejected a building materials company's challenge to charges on its electric bill related to extra natural gas purchased ahead of a 2021 winter storm, finding the company presented no facts to back its claim that the charges amounted to an unconstitutional taking.
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January 13, 2025
Shift4 To Pay SEC $750K For Undisclosed Family Payments
The U.S. Securities and Exchange Commission said payment processing firm Shift4 Payments Inc. will pay $750,000 to settle allegations it failed to report over $4 million in payments it made to immediate family members of the company's executives and directors.
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January 13, 2025
Investment Firm Seeks Coverage For Hertz Buyback Suits
An investment adviser said its insurers must provide coverage for underlying actions related to the adviser's involvement in car rental company Hertz Global Holdings Inc.'s stock buybacks, telling a Delaware state court that its primary carrier improperly denied coverage.
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January 13, 2025
Fed. Circ. Affirms Crypto Exec Doesn't Belong On Mining IP
A Delaware federal judge properly found that a cryptocurrency company's founder shouldn't be added as an inventor onto a rival company's energy consumption patent, the Federal Circuit affirmed Monday.
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January 13, 2025
Truth Social SPAC Ex-CEO Seeks Del. Suit Toss Or Freeze
The former manager of the blank check company that sponsored a deal to take now President-elect Donald Trump's social media platform public heads into a pivotal Delaware Court of Chancery hearing Wednesday, seeking to freeze or scuttle a suit claiming that he and others secretly diverted millions of shares from co-investors.
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January 13, 2025
SEC To Collect $63M In Latest Recordkeeping Sweep
The U.S. Securities and Exchange Commission announced Monday that subsidiaries of Blackstone Inc. and Charles Schwab Corp. were among those swept up in the latest round of recordkeeping fines, promising to collect over $63 million from 12 firms whose employees are accused of discussing business through their personal devices.
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January 13, 2025
Natural Gas Exporter Venture Global Gears Up For $2.2B IPO
Liquefied natural gas producer Venture Global Inc. on Monday launched plans for an estimated $2.2 billion initial public offering, potentially marking the year's first billion-dollar-plus listing, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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January 13, 2025
SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says
A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.
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January 13, 2025
BMO Unit To Pay SEC $40M Over Bond Desk Supervision
BMO Capital Markets has agreed to pay $40 million to end a U.S. Securities and Exchange Commission investigation into the broker-dealer's supervision of its mortgage-back bonds salespeople, with the SEC saying Monday that the brokerage firm failed to stop employees from providing inaccurate information about the bonds.
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January 10, 2025
FDIC's Hill Calls For 'New Direction' In Preview Of Agenda
Federal Deposit Insurance Corp. Vice Chairman Travis Hill signaled Friday that he intends to steer the agency in a "new direction" when he takes over as its acting chief later this month, mapping out plans for a more tech-friendly, lighter-touch approach.
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January 10, 2025
4 Trends That Will Shape Venture Capital Funding In 2025
Venture capital funding appears primed to improve in 2025 as market participants shake off the effects of a post-pandemic crash, with surging demand for artificial intelligence, expectations of friendlier government policies, and more exits through public listings and acquisitions.
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January 10, 2025
9th Circ. Affirms Hearing Aid Co.'s Win Over Investor Suit
The Ninth Circuit on Friday handed a win to Eargo Inc. and affirmed the dismissal of a securities class action against the hearing aid company, which alleged that the company and its top brass acted with intent to commit insurance billing fraud.
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January 10, 2025
SEC Fines Cannabis Co. Acreage Over Accounting Violations
A multi-state cannabis industry operator recently acquired by Canadian cannabis industry giant Canopy will pay $225,000 to resolve administrative U.S. Securities and Exchange Commission claims that it orchestrated a $4.2 million round-trip transaction with an affiliate to inflate its reported cash balance.
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January 10, 2025
SafeMoon CEO Wants 'Misleading' Reddit Post Explained
The CEO of bankrupt cryptocurrency asset company SafeMoon LLC asked a Brooklyn federal judge Friday to order the government to explain whether it had a role in a social media user's "misleading" post that promised to connect SafeMoon investors with the U.S. government.
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January 10, 2025
Liquidnet To Pay SEC $5M Over Market Access Rule Issues
Liquidnet Inc. agreed Friday to pay $5 million to resolve claims from the U.S. Securities Exchange Commission that the broker-dealer failed to have the proper controls and procedures related to market access in place and failed to protect confidential subscriber trading information, among other things.
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January 10, 2025
Feds Say Russians Behind North Korea-Linked Crypto Mixers
Georgia federal prosecutors on Friday announced money laundering and unlicensed money transmission charges for three Russian nationals who allegedly operated crypto mixing services previously sanctioned over their apparent use by North Korean hackers and other cybercriminals.
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January 10, 2025
Law Firm's Fee Suit Can't Proceed In Ga., Investment Co. Says
A Michigan-based investment firm has asked a Georgia federal judge to toss a suit accusing it of failing to pay more than $180,000 in legal fees owed to an Atlanta-area law firm, arguing the court lacks jurisdiction under the state's long-arm statute.
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January 10, 2025
Crypto Buyers Say They Were Duped Out Of Millions
Investors in two crypto projects — Phoenix Community Capital and its offshoot, Xeta Capital — alleged in Tennessee federal court that the projects' leaders duped them out of tens of millions of dollars with false promises of "returns, transparency, and the legitimacy of the enterprises."
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
Target Brass Face Derivative Suit Over DEI Fallout
Target Corp.'s executives and directors have been hit with a shareholder derivative suit in Florida federal court alleging that the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ+ merchandise harmed investors.
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January 09, 2025
Zillow Brings 'Goldman' Debate Over Class Cert. To 9th Circ.
Zillow Group Inc. is asking the Ninth Circuit to issue its first ruling on the correct application of a U.S. Supreme Court's Goldman decision to investor class certification bids, saying a lower court was wrong to certify a class of shareholders who alleged that the company misled them about the robustness of its now defunct home-flipping business.
Expert Analysis
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Strategies For Home Equity Investment Providers In 2025
The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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SEC Custody Rule Creates Crypto Compliance Conundrum
While the U.S. Securities and Exchange Commission's application of the custody rule may be a good faith attempt to enhance consumer protections for client assets, it doesn't appreciate the unique characteristics of crypto-assets, forcing advisers to choose between pursuing their clients' objectives and complying with the rule, say attorneys at Willkie.