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Securities
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November 14, 2024
Judge Presses SEC Over 'Rogue Employee' In PE Fund Fight
A Texas federal judge grilled the U.S. Securities and Exchange Commission over the circumstances that led to a private equity fund suing the regulator alleging it carried out a "fishing expedition" investigation, asking the agency about a "rogue employee" during a hearing Thursday.
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November 14, 2024
Supposed AI Fund's Manager Accused Of Wire, Securities Fraud
A manager of a hedge fund that purported to use artificial intelligence has been indicted by a New York federal grand jury on charges of wire fraud and securities fraud after allegedly lying to investors and stealing hundreds of thousands of dollars for his own personal use, according to an indictment unsealed Thursday.
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November 14, 2024
Hasbro's Excess Toy Inventory Tanked Stock, Suit Says
Toy and entertainment company Hasbro Inc. has been hit with a proposed shareholder class action alleging it falsely portrayed high inventory levels as a protective measure against supply chain issues despite knowing its inventory far exceeded actual consumer demand.
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November 14, 2024
MDL Counsel Present Deal With FTX Estate To Fla. Court
Counsel for plaintiffs in the multidistrict litigation over the collapse of cryptocurrency trading platform FTX Trading Ltd. told a Florida federal judge Thursday that they have reached a deal with the FTX estate in bankruptcy.
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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
Man Found Guilty Of Scamming NBA Players Seeks New Trial
A Georgia businessman and recidivist fraudster is seeking a retrial after being convicted of swindling former NBA players Dwight Howard and Chandler Parsons out of a combined $8 million, in a scheme under which the pro basketball players believed their money was going toward legitimate investments.
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November 14, 2024
Split 5th Circ. Affirms SEC's Kroger Proxy Decision
A divided Fifth Circuit on Thursday rejected a "purely theoretical" challenge brought by conservative shareholders unhappy that the U.S. Securities and Exchange Commission greenlighted the exclusion of a shareholder proposal from Kroger Co.'s 2023 ballot, noting that the case was moot since the company authorized a vote on the proposal anyway.
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November 14, 2024
XL Fleet SPAC Suit Tentatively Settled For $4.75M In Del.
Investors in a December 2020 blank-check company merger that took hybrid-car retrofit venture XL Fleet public have preliminarily settled a four-count fiduciary duty breach suit in Delaware's Court of Chancery for $4.75 million.
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November 14, 2024
Red State AGs Sue SEC Over Crypto Policy
A coalition of 18 Republican attorneys general led by Kentucky sued the U.S. Securities and Exchange Commission on Thursday for allegedly treading on the states' authority through a "regulatory landgrab" into the cryptocurrency industry.
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November 14, 2024
Trump Names Solicitor General, SDNY Picks
President-elect Donald Trump announced on Thursday he is tapping for solicitor general the lawyer who represented him before the U.S. Supreme Court and will name his former chair of the U.S. Securities and Exchange Commission to be U.S. attorney for the Southern District of New York.
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November 14, 2024
Trump Taps His Criminal Defense Lawyer For Deputy AG
President-elect Donald Trump on Thursday picked his personal defense attorney Todd Blanche to serve as second-in-command at the U.S. Department of Justice as deputy attorney general.
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November 14, 2024
Sports Media Co. Can't Sink SEC's $22M Fraud Suit
A New York federal judge said media technology company Icaro Media Group Inc. and its CEO must face the U.S. Securities and Exchange Commission's suit alleging they raised more than $22 million from investors on fake claims that the company was about to launch a sports content application in partnership with major telecommunications companies.
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November 14, 2024
Robbins Geller Tapped To Lead Software Co. Investor Suit
A pair of pension funds represented by Robbins Geller Rudman & Dowd LLP has beaten out individual investors vying to lead a shareholder class action against MongoDB Inc. over the software company's growth projections.
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November 14, 2024
Gaetz's Slim Legal Resume Raises Concerns Over AG Role
Having never served as a prosecutor and with minimal experience practicing law, Matt Gaetz would have the thinnest legal resume of any attorney general in recent history and would face a steep learning curve, including daunting leadership challenges, if he were to take up the reins of the U.S. Department of Justice, experts say.
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November 14, 2024
Australia Bill Seeks To Expand Rules On Reporting Ownership
Australia's government wants to fight tax avoidance by making owners of equity derivatives disclose significant owners to regulators and investors, expanding access to that information and giving securities regulators new powers to issue freezing orders for noncompliance, the Australian Treasury said Thursday.
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November 14, 2024
BCLP Brings On SEC Enforcement Atty In Atlanta
Bryan Cave Leighton Paisner LLP's newest addition in Atlanta is an experienced enforcement attorney who spent time with both the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority.
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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
ADM Compliance Head To Depart Amid Co. Accounting Woes
Archer-Daniels-Midland's head of compliance will leave the food and animal nutrition company, a spokesperson has confirmed, in a year that has seen the company grappling with regulatory probes into its accounting practices and related investor litigation.
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November 14, 2024
UPS Execs Swept Growth Issues Under Rug, Investor Says
UPS has been hit with a second lawsuit in as many months from an investor who says the company inflated its 2024 earning projections before rolling out disappointing numbers this summer that sent the company's value plummeting.
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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
Saxena, Cohen Milstein To Lead Sprout Social Investor Suit
Saxena White PA and Cohen Milstein Sellers & Toll PLLC will represent a putative class of social media management company Sprout Social Inc. investors in consolidated litigation after the company missed its financial guidance and struggled to integrate an influencer marketing platform it acquired.
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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
Republic Bank's 'Dysfunction' Enabled Its Failure, FDIC Says
The former Republic First Bank failed because of its inability to hold certain debt securities, its insufficient liquidity and an ineffective board and management team, according to a post-mortem review issued Wednesday by the Federal Deposit Insurance Corp.'s watchdog.
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November 13, 2024
Investors Ask FCC To Review $2.4B Paramount-Skydance Deal
The Federal Communications Commission should refuse to approve Paramount Global's request to merge with Skydance Media LLC until minority shareholders have a chance to finish their investigation into the financial details of the deal, the leader of those investors told the agency.
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November 13, 2024
'Gist' Of Trump Media Story Was True, News Outlets Say
Several news outlets sued by Donald Trump's social media website in a $1.5 billion defamation lawsuit over stories that the company lost $73 million told a Florida state court that it should toss the complaint, arguing Wednesday that the "gist" of the reporting was still true even if the actual loss wasn't correct.
Expert Analysis
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Assessing Whether Jarkesy May Limit FINRA Prosecutions
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.
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Series
Being An Opera Singer Made Me A Better Lawyer
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.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
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.
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How Law Firms Can Avoid 'Collaboration Drag'
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.
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6 Considerations To Determine If A Cyber Incident Is Material
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.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
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.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
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.
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What NFL Draft Picks Have In Common With Lateral Law Hires
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.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
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.
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Replacing The Stigma Of Menopause With Law Firm Support
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.
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Class Actions At The Circuit Courts: August Lessons
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.
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Crypto Regs Could See A Reset Under The Next President
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.