How They Won It

How A Casino Analogy Helped Win A Short-Swing Profits Trial

By Katryna Perera

To win a first-of-its-kind securities trial over short-swing profits, attorneys at Freshfields LLP knew they needed to find the right analogy to showcase their argument, even if it meant comparing the case to a craps table at a casino.

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Like Milli Vanilli, Goldman FCPA Case Is A Ruse, Jury Told

By Stewart Bishop

The government's foreign bribery case accusing a former Goldman Sachs banker of paying off Ghanaian officials to secure a lucrative energy deal is a lot like Milli Vanilli, his lawyer told a New York jury Tuesday, arguing that much like lipsynced songs of the fake late-1980s-era pop duo, prosecutors' version of events is not what it appears to be.

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Analysis

Activists Shift Focus To M&A, AI In Quieter Proxy Season

By Al Barbarino

A surge in mergers and acquisitions-focused activist campaigns in the first half of 2026 came as companies adjusted to the universal proxy regime and activists increasingly turned to artificial intelligence to identify targets, according to a Diligent Market Intelligence report released on Tuesday.

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Calif. Warns SEC Against Preempting State REIT Registration

By Jessica Corso

California is urging the U.S. Securities and Exchange Commission not to adopt a proposal that could free certain real estate investment trusts and business development companies from registering with the states, saying it could leave retirees and the elderly vulnerable to fraud.

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Simpson Thacher Stock Work Hurt 2 Companies, Jury Told

By Madison Arnold

The chief financial officer for an insurance company told a Florida jury Tuesday that a stock drop for Patriot National Inc. — which is suing Simpson Thacher & Bartlett LLP for malpractice for allegedly putting together a shoddy securities offering — dramatically affected his own business as well.

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1st Circ. Skeptical That JPMorgan AI Tool Broke Mass. Law

By Anne Cullen

A First Circuit panel appeared doubtful Tuesday that an artificial intelligence-powered applicant screening tool used by JPMorgan Chase & Co. constituted the kind of lie detector test that Massachusetts law bars employers from using in interviews. 

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Senators Urge CFTC Rule Slowdown Over Tribal Concerns

By Crystal Owens

Leaders of the U.S. Senate Indian Affairs Committee are urging the U.S. Commodity Futures Trading Commission to extend the public comment deadline for its proposed rule that could govern the way the agency oversees prediction markets, saying it's critical that Indigenous nations have time to evaluate its effects.

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DOJ Drops Charges In $722M 'BitClub' Crypto Ponzi Case

By Matthew Santoni

The U.S. Department of Justice and federal prosecutors in New Jersey have dropped their case against Matthew Goettsche, who was formerly accused of originating a $722 million cryptocurrency fraud scheme for which several of his alleged co-conspirators have already pled guilty.

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Trader In BigLaw Deal-Tipping Scheme To Plead Guilty

By Chris Villani

A Florida resident is set to plead guilty to his alleged role in a sweeping scheme to trade on insider information about impending acquisitions that was stolen from major law firms, according to a court filing Tuesday.

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LG Can't Arbitrate Stockholder Suit, Chancery Says

By Jarek Rutz

The Delaware Chancery Court has refused to send fiduciary duty claims against LG, its U.S. subsidiary and several executives to arbitration, ruling that an investor's derivative lawsuit over the governance of advertising technology company Alphonso must remain in the Delaware court.

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Cava Board, Execs Sued In Del. Over $2.2B Stock Sales

By Jarek Rutz

A Cava Group Inc. stockholder has filed a derivative lawsuit in the Delaware Chancery Court accusing the Mediterranean restaurant chain's top executives and directors of using confidential internal forecasts to sell more than $2.2 billion worth of company stock before the company's growth outlook weakened and its share price fell.

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Digital Ad Co. Beats Investor Suit Over Client Loss Claims

By Sydney Price

Digital advertising firm PubMatic has escaped a shareholder's suit accusing it of concealing the loss of a key customer for its digital marketing business, with a California federal court ruling that the suit's claims are too vague as-is.

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High Court, SEC Proposals Set Stage For Further Fund Reform

The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

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What New USDA 'Beneficial Owner' Definition Means For Cos.

The U.S. Department of Agriculture's recent pitch to add a new "beneficial owner" definition to its foreign-owned land reporting framework would overhaul how fund managers and joint venture participants report U.S. agricultural land interests, creating diligence risks as companies reassess governance rights and management structure, say attorneys at Arnold & Porter.

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AG Watch: Minn. Defends Prediction Markets Ban

Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

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AT&T Whistleblower Told To Cut Facts From Ethics Case Filing

By Sue Reisinger

Former AT&T in-house counsel and whistleblower Theodore Marcus has been asked to delete part of his response to professional misconduct charges pending against him in Washington, D.C., because the filing allegedly contains privileged information.

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1st Circ. Asked To Save Mayer Brown $21M Fee Bid In RI Suit

By Linda Chiem

The American Trucking Associations told the First Circuit that its attorneys at Mayer Brown LLP reasonably justified their request for $21 million in fees and costs after securing "substantial" wins in long-running litigation over Rhode Island's truck tolling program, disputing a district court's determination that the trucking trade group wasn't actually a "prevailing party."

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Winston Taylor Seeks Sanction Against Ex-Client Hunter Biden

By Rae Ann Varona

Winston Taylor urged a D.C. state court on Monday to sanction its former client Hunter Biden in its legal bills collection suit, saying the former president's son destroyed Signal communications that would have proved he understood that he owes the law firm more than $50,000.

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Court Is In Session Whenever A Judge Says It Is, 6th Circ. Told

By Susan Smiley

Court is wherever and whenever a judge says it is, counsel for a Detroit judge told a Sixth Circuit panel Tuesday, arguing that subjecting a student to a mock arrest and trial because she fell asleep during a field trip was within his jurisdiction.

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Senate Confirms Jay Clayton As National Intelligence Chief

By Madeline Lyskawa

The U.S. Senate voted Tuesday to confirm Jay Clayton as director of national intelligence, two weeks after Clayton, the former U.S. attorney for the Southern District of New York, refused to answer who he thought won the 2020 election during his confirmation hearing.

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Queens Defenders Head Gets 3.5 Years For Looting The Nonprofit

By Pete Brush

A Brooklyn federal judge on Tuesday sentenced the former director of the Queens Defenders to more than 3.5 years in prison after the longtime attorney admitted to a course of embezzlement that destroyed the group dedicated to legal services for the poor.

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