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Asset Management
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September 30, 2024
SEC Says Ex-Church & Dwight CEO Misled On Independence
The U.S. Securities and Exchange Commission said Monday that Church & Dwight Co.'s former CEO and chairman has agreed to settle claims that he had an undisclosed close friendship with a high-ranking company executive while serving as an independent director of the maker of the Arm & Hammer brand and other consumer products.
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September 30, 2024
SEC Fines Moloney Securities, Sues Ex-Broker In Reg BI Case
A Missouri broker-dealer and three of its representatives have agreed to pay more than $438,000 to settle U.S. Securities and Exchange Commission claims that they violated Regulation Best Interest with high-risk debt securities, while the regulator sued another ex-representative for related allegations.
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September 30, 2024
Latham, Davis Polk Steer AI-Focused Chipmaker's IPO
Silicon Valley-based artificial intelligence startup Cerebras on Monday filed plans for an initial public offering with the U.S. Securities and Exchange Commission, hoping to tap investors' enthusiasm for AI-linked companies, and with Latham & Watkins LLP and Davis Polk & Wardwell LLP guiding the process.
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September 30, 2024
Private Trading Platform Scraps SPAC Merger In Favor Of IPO
Special-purpose acquisition company Blockchain Coinvestors Acquisition Corp. I said Monday that its merger agreement with private investment platform Linqto Inc. has been terminated, while Linqto separately announced it will go public through an initial public offering instead.
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September 30, 2024
Big Banks Get Brazilian Pollution Suit Booted From NY
A New York federal judge on Monday dismissed an effort by a Brazilian city and residents to hold several big banks liable for allegedly financing environmentally ruinous mining operations in their region, ruling the matter would be more appropriately heard in Brazil.
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September 30, 2024
Activist Investor Urges Basic-Fit Gym Operator To Sell
Buckley Capital Management LLC made an appeal to the board of Basic-Fit NV on Monday recommending that the company undergo a strategic review with the intention of selling the business and going private.
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September 30, 2024
CoinShares Group General Counsel Steps Down
CoinShares International's general counsel stepped down Monday "to pursue other opportunities" beyond the European cryptocurrency asset manager, the firm said in a statement.
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September 30, 2024
Missouri Drops Appeal Intended To Save ESG Regulations
Missouri has asked the Eighth Circuit to dismiss its appeal of a federal judge's decision finding that the state's anti-environmental, social and governance regulations for brokers and advisers violate the First Amendment and are preempted by federal laws.
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September 30, 2024
Ropes & Gray, Kirkland Guide PE-Backed Education Co.'s IPO
Private equity-financed early childhood education provider KinderCare announced Monday it plans to go public in an estimated $600 million initial public offering, with Ropes & Gray representing the company and Kirkland serving as counsel for the underwriters, leading one of two companies scheduled to price their IPOs next week.
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September 30, 2024
Morgan Stanley Investment Arm Nabs $750M For Climate Fund
Morgan Stanley's investment management arm revealed Monday that its climate private equity fund, which is focused on investing in North American and European companies working to avoid or remove one gigaton of carbon dioxide-equivalent emissions from the atmosphere, closed at $750 million of equity capital commitments.
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September 30, 2024
PE-Backed IT Provider Ingram Micro Files Long-Awaited IPO
Private equity-owned technology company Ingram Micro made public its U.S. initial public offering filing Monday, more than two years after the Irvine, California-based electronics distributor laid the foundation for its return to stock markets.
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September 30, 2024
4 Firms Guide Verizon's $3.3B Wireless Comms Towers Sale
Verizon has sold 6,339 wireless communications towers to a communications-focused real estate investment trust for $3.3 billion in a deal guided by Jones Day, Greenberg Traurig, Simpson Thacher and Mayer Brown, Verizon announced Monday.
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September 30, 2024
MetLife Can't Get Early Win In Pensioners' Mortality Table Suit
MetLife lost its bid for an early win Monday in a federal benefits lawsuit from pensioners alleging the company lowballed their annuity payouts by using outdated mortality data when making conversions, with a New York federal judge concluding that disputes over actuarial assumptions should proceed to trial.
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September 30, 2024
Schwab Nears Deal In Antitrust Suit Over TD Ameritrade Buy
Charles Schwab Corp. has reached "an agreement in principle" with retail investors who filed a proposed class action alleging increased transaction costs for trades and other antitrust injury following the Schwab-TD Ameritrade merger, the parties told a Texas federal judge Friday.
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September 27, 2024
Constitution Permits Blocked Anti-Laundering Law, Panel Told
The U.S. government urged the Eleventh Circuit on Friday to reinstate the Corporate Transparency Act passed in 2021, arguing that the anti-money laundering law is within Congress' powers to regulate economic activity and necessary to have businesses report beneficial ownership to combat crimes like tax evasion and terrorist financing.
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September 27, 2024
Ex-CEO To Pay SEC Fine For Pre-SPAC Disclosure Failures
The U.S. Securities and Exchange Commission announced Friday it has reached a settlement with the former CEO of an electric vehicle battery company who allegedly concealed its supply chain issues ahead of its merger with a blank check company, leading to a nearly 20% drop in the company's share price once the shortage was revealed.
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September 27, 2024
Juul Stockholder Class Sues In Del. Over Controller Windfall
Two stockholders of e-cigarette venture Juul Labs Inc. sued the company's controllers and board on Friday in a proposed class derivative action seeking damages for an alleged top stockholder scheme to avoid huge liabilities under terms said to have cost the company billions.
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September 27, 2024
CFTC Accuses Firms Of $3.6M Retail Forex Fraud
The Commodity Futures Trading Commission on Friday targeted a commodity trading platform the regulator alleged was behind a scheme that scammed $3.6 million from Asian American customers who thought they were investing in retail foreign exchange and commodity futures contracts.
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September 27, 2024
CFTC Fines Futures Firm $650K For Botched Records, Trades
The Commodity Futures Trading Commission has fined CHS Hedging LLC $650,000 to settle allegations that it did not properly record thousands of calls between associates and customers and failed to obtain customer authorizations before entering trades over a four-year period.
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September 27, 2024
Hedge Fund Inks $7.9M Deal In ERISA 401(k) Investment Suit
A Connecticut-based hedge fund that went bankrupt and owner George A. Weiss have agreed to pay $7.9 million to end an ex-worker's suit alleging the company plowed its employees' retirement savings into two substandard proprietary funds, according to filings Friday in Connecticut federal court.
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September 27, 2024
Early Trump Media Backer Dumps Shares As Lockup Expires
An early investor in former President Donald Trump's social media platform has unloaded most of its stake, marking the first divestiture following the expiration of a lockup period that restricted sales after Trump's entity went public earlier this year.
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September 27, 2024
GOP States Sue HHS Over Gender Dysphoria Disability Rule
A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
Life Sciences Firms Energize IPO Market As Recovery Builds
Initial public offerings are closing the year's third quarter on an upswing, led mostly by pre-revenue drug developers and select large companies that are seizing opportunities in friendlier capital markets buoyed by interest-rate cuts, generating momentum that experts say could carry over into next year.
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September 27, 2024
TPG Sues In Del. For Control Of Md. Data Center Project
An affiliate of global asset manager TPG sought a fast-tracked declaratory judgment in Delaware's Court of Chancery late Thursday that Quantum Loophole Inc. was validly removed as manager of a potential multisite, $5 billion "gigawatt" data center project near Frederick, Maryland.
Expert Analysis
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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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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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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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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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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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.