Securities

  • 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.

  • January 13, 2025

    Madoff Trustee Blasts Katten's 2nd Bid To Drop Client

    The trustee overseeing the long-running liquidation of Bernie Madoff's bankruptcy estate is fighting a renewed attempt by Katten Muchin Rosenman LLP to drop its client, French investment fund Access International Advisors, telling the court that the firm's motion to withdraw as counsel lacks novel arguments differentiating it from an earlier bid that had already been denied.

  • January 13, 2025

    Hotel Asset Manager Ashford Settles SEC Cyber Report Suit

    Ashford Inc. has agreed to pay more than $115,000 to settle the U.S. Securities and Exchange Commission's charges that the asset manager failed to properly disclose a cyberattack that led to the leak of hotel customers' personal information.

  • January 13, 2025

    Sen. Warren To Grill Treasury Pick On Trump's Tax Agenda

    Sen. Elizabeth Warren, D-Mass., plans to ask Treasury secretary nominee Scott Bessent at his confirmation hearing in front of the Senate Finance Committee on Thursday about President-elect Donald Trump's tax agenda and plans for the Internal Revenue Service, according to a letter she sent the nominee.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • January 10, 2025

    New Pirate Loot Claims Lodged In Chancery

    A Flying Dutchman of a legal wrangle over a treasure-laden, sunken pirate ship off Cape Cod, Massachusetts, surfaced again Friday in Delaware's Court of Chancery in an investor suit demanding books and records on a decades-long salvage operation and alleging possible fraudulent conveyances by "rogue fiduciaries."

  • 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.

  • 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.

  • January 10, 2025

    SEC's $93M Win Not Backed By Proof, Adviser Tells 1st Circ.

    Commonwealth Financial asked a First Circuit panel Friday to undo a $93 million award the U.S. Securities and Exchange Commission won last year, saying the lower court was too quick to find that the firm's disclosure practices harmed investors.

  • 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.

  • January 10, 2025

    American Airlines Faulted For ESG Focus In 401(k) Plan

    A Texas federal judge ruled Friday that American Airlines violated federal benefits law by emphasizing environmental, social and governance factors in its 401(k) plan decisions, but he put off deciding whether the retirees suffered losses and what remedy they should receive.

  • 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.

  • 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.

  • January 10, 2025

    Ex-CEO's Sentencing In COVID Test Securities Fraud Delayed

    A New Jersey federal judge delayed a former healthcare CEO's sentencing for securities fraud arising from his touting a $670 million COVID-19 test kit contract that later fell through, granting the ex-executive's request Friday for a one-month delay while he helps care for ailing family members.

  • January 10, 2025

    Semiconductor Co. Hit With Investor Suit Over Demand Slump

    Semiconductor manufacturing company Micron Technology Inc. has been hit with a proposed shareholder class action alleging Micron began overstating demand for its products after two years of disappointing sales in order to keep share prices artificially inflated.

  • 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."

  • January 10, 2025

    BCLP's Global Healthcare Chair Jumps To Dechert

    Dechert LLP has brought on the former global chair of healthcare and life sciences at Bryan Cave Leighton Paisner LLP as a corporate and securities partner and leader of its healthcare regulatory practice.

  • January 10, 2025

    Vince McMahon Resolves SEC Probe Over Secret Settlements

    Embattled World Wrestling Entertainment co-founder Vince McMahon signed two multimillion-dollar deals to buy silence from a former employee and a contractor without making the required disclosures to organization officials and staffers, according to a settlement announced Friday by the U.S. Securities and Exchange Commission.

  • 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.

  • January 09, 2025

    SEC Sues To Enforce $3M Cannabis Investment Fraud Deal

    The U.S. Securities and Exchange Commission has asked a Utah federal court to enforce an administrative cease-and-desist order requiring a wealth management company and its owner to give the regulator over $3 million they previously agreed to pay to end claims they defrauded investors in a $19.5 million cannabis-linked fund raise.

  • 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.

Expert Analysis

  • 3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea

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    Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Avoiding Merger Disputes Via Careful LLC Agreement Drafting

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    The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

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