Securities

  • January 24, 2025

    SEC Names New Top Enforcer, GC And Other Temp Leaders

    The U.S. Securities and Exchange Commission's acting chair, Mark Uyeda, announced the appointment of five new department heads Friday to at least temporarily fill the vacancies left by the recent departures of several senior staff members at the agency.

  • January 24, 2025

    Wells Fargo Gets Another Win In Lifetrade Investor Suit

    A New York federal judge determined that investors of Lifetrade Fund BV cannot prove Wells Fargo aided or abetted an alleged massive fraud orchestrated by Lifetrade's managers, saying the investors presented only contradictory information regarding the value of the Lifetrade portfolio.

  • January 24, 2025

    Ex-Staffing Co. Execs Get Prison After Copping To $75M Fraud

    A Manhattan federal judge sentenced two brothers who built the staffing firm Resource Employment Solutions to prison Friday after they admitted lying to two financial firms about their Florida company's finances in what prosecutors called a $75 million fraud conspiracy.

  • January 24, 2025

    10th Circ. Unsure Exec's Missed Argument Dooms Firing Suit

    A Tenth Circuit judge on Friday asked U.S. Bank whether it matters if a former executive knew he had another jurisdictional argument for his wrongful termination claim but failed to pursue it, in an appeal attempting to revive the executive's second suit.

  • January 24, 2025

    SEC's Corporation Finance Director Joins Freshfields

    Freshfields is touting the addition of the U.S. Securities and Exchange Commission's director of the Division of Corporation Finance, saying Friday that he will boost the firm's offerings on securities, governance, corporate and regulatory matters.

  • January 24, 2025

    Conn. Oil Trader Says Timing Of Money Moves Sinks Verdict

    A onetime Connecticut oil trader has asked a federal judge to erase a September 2024 conviction on charges he used a go-between to bribe an official at Brazilian oil giant Petroleo Brasileiro SA, arguing the jury verdict hinged on third-party wire transfers that occurred beyond the statute of limitations.

  • January 24, 2025

    10 AGs Target Major Banks Over DEI, ESG Initiatives

    Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.

  • January 24, 2025

    Lutnick Settles Chancery Suit Ahead Of Commerce Hearing

    Billionaire Howard L. Lutnick, President Donald Trump's nominee for secretary of commerce, has settled a Delaware Court of Chancery derivative suit accusing the Newmark Inc. principal executive officer of "blowing smoke" around his part in a $500 million stock-value gain in order to receive a $50 million bonus.

  • January 24, 2025

    Law Firm Sues AIG Unit Over Sports Fraud Coverage

    A Florida-based law firm and its principal attorney have accused an AIG unit of misleading them into defending a sports memorabilia collector and his company in a Securities and Exchange Commission civil action and two related criminal cases, saying the unit had already agreed in writing to their billing rates.

  • January 23, 2025

    Dems Cite 'Unprecedented Concerns' With Trump Memecoins

    U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.

  • January 23, 2025

    Wells Fargo Workers Score Class Cert. In Stock Option Suit

    Former employees of Wells Fargo & Co. have received certification for their proposed class in litigation in Minnesota federal court alleging the bank used dividends earned by its employee stock ownership fund to defray its 401(k) matching obligations.

  • January 23, 2025

    Trump Undoes Biden's AI Safeguards With Executive Order

    President Donald Trump on Thursday signed an executive order upending the former Biden administration's consumer and national security safeguards on artificial intelligence, saying former AI policies must be investigated to see if they thwart the new Trump administration's quest to position the U.S. as the "global leader in AI."

  • January 23, 2025

    Fla. Court Urged To OK $2.75M For Moving Co. Fraud Victims

    Two receivers appointed to recover funds in a moving company Ponzi scheme targeting the Haitian community urged a Florida federal court on Thursday to approve a first-round distribution of $2.75 million to refund losses, although the judge overseeing the case said the amount represents a fraction of what defrauded victims lost.

  • January 23, 2025

    Trump Forms Crypto Working Group To Create Fed. Framework

    President Donald Trump took another step towards fulfilling his campaign promises to the cryptocurrency industry on Thursday with an executive order that directs regulators to get to work establishing a federal framework for digital assets and prohibits the creation of a central bank digital currency.

  • January 23, 2025

    Shift4 Gets Accounting Practices Investor Suit Axed For Good

    In an opinion permanently dismissing a class action against Shift4 Payments Inc., a Pennsylvania federal judge rhetorically asked what changed from the first amended complaint that accused the payment processing company of engaging in questionable accounting practices to keep its stock price afloat.

  • January 23, 2025

    Advanced Auto Parts Gets Brakes Tapped On Investor Suit

    Advanced Auto Parts beat back a proposed class action on Thursday that accused the company and its top brass of misleading investors about the failure of a new pricing strategy and purposefully inflating the impact of price reductions, with a North Carolina federal judge finding that the suit failed to plead knowledge of wrongdoing.

  • January 23, 2025

    AI Chatbot Co. CEO, Atty Spouse Indicted On $60M Fraud

    Federal prosecutors in California arrested the former CEO of an artificial intelligence company Thursday alongside his lawyer wife, accusing the duo of a $60 million fraud scheme in which they allegedly lied to investors about the company's financial state and diverted funds to pay for their wedding.

  • January 23, 2025

    SEC Rescinds Controversial Crypto Accounting Guidance

    The U.S. Securities and Exchange Commission rolled back its controversial cryptocurrency accounting guidance known as SAB 121 Thursday evening, hot on the heels of newly appointed acting Chairman Mark Uyeda's commitment to shifting the regulator toward setting clear guidelines for digital assets.

  • January 23, 2025

    Del. Justices Won't Revive Skechers Inc. Aircraft Use Suit

    Delaware's top court on Thursday grounded with scant comment a derivative suit appeal filed on behalf of a stockholder of comfort shoemaker Skechers USA Inc. seeking revival of a dismissed lower court case alleging failure to control top executives' use of corporate aircraft for personal travel.

  • January 23, 2025

    Chinese Ride Co. Ordered To Produce Regulator Testimonies

    A New York federal judge ordered Chinese ride-hailing giant Didi Global Inc. to provide testimony about its interactions with Chinese regulators before its 2021 initial public offering, rejecting the company's claim that Chinese law prevents disclosure.

  • January 23, 2025

    Micron CEO Accused Of Insider Trading In Fla. Investor Suit

    A Micron Technology Inc. shareholder has accused the company CEO and several board members of insider trading after selling $70 million worth of stock just before the release of disappointing financial results regarding demand for its semiconductors.

  • January 23, 2025

    SEC Cooled On New Crypto Cases During Gensler's Final Year

    Despite a brief rise in the number of lawsuits filed against the cryptocurrency industry in the final months that U.S. Securities and Exchange Commission Chair Gary Gensler was in office, the agency overall saw a 30% decrease in enforcement actions against the industry last year, according to a newly released report Thursday.

  • January 23, 2025

    Federal Agencies Must Order Full Return To Office By Friday

    Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

  • January 23, 2025

    Chancery Tosses Suit Challenging $10.2B Zendesk Sale

    Rejecting stockholder claims of misstated or omitted deal terms, a Delaware vice chancellor on Wednesday dismissed a suit accusing managers of software-as-a-service venture Zendesk Inc. of taking the company private at a $10.2 billion price far below earlier offers.

  • January 23, 2025

    Conflict Limits 1 Lawyer On Javice Team As Trial Date Slips

    A lawyer defending Charlie Javice on charges she swindled JPMorgan Chase into paying $175 million for a financial aid startup she founded will be limited in representing her, a Manhattan federal judge said Thursday, before pushing trial back a week.

Expert Analysis

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    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.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Implications Of NY Climate Case For Generating Facilities

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    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.

  • Using Data To Inform Corporate Disclosure Decisions

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    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.

  • How White Collar Attys Can Use Mythic Archetypes At Trial

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    A careful reading of a classic screenwriting guide shows that fairy tales and white collar trials actually have a lot in common, and defense attorneys would do well to tell a hero’s journey at trial, relying on universal character archetypes to connect with the jury, says Jack Sharman at Lightfoot Franklin.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    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.

  • 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

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    The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

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    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.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    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.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    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.

  • SEC Custody Rule Creates Crypto Compliance Conundrum

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    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.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • What Insurers Need To Know About OFAC's Expanded FAQs

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    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

  • Rethinking Clawback Policies For 2025 Compensation Season

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    The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

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