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Asset Management
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August 07, 2024
Highland, Co-Founder Battle Over $70M Debt In 5th Circ.
Venture capital firm Highland Capital and a company owned by Highland co-founder James Dondero squared off before a Fifth Circuit panel on Tuesday, debating whether a jury was needed to weigh defenses against claims that he and his companies owe the VC firm more than $70 million.
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August 07, 2024
Judge Says Byju's Exec Can Make $20M Settlement Payment
A Delaware bankruptcy judge on Wednesday said he won't stop a former executive of the troubled U.S.-based affiliate of Indian educational technology giant Byju's from paying off a $20 million debt that had landed Byju's parent in an Indian insolvency proceeding.
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August 07, 2024
Lender Says Mogul's Privacy Concerns Stymying Trial Prep
Attorneys for a lending agent pursuing a $127 million judgment from an auto parts mogul asked a Michigan federal judge Tuesday to deny the mogul and his bankrupt company's attempts to keep key documents private, saying the inability to share relevant information with their clients is hindering their ability to prepare for trial.
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August 07, 2024
Japanese Space Co. Slips Ex-Exec's $8M Stock Suit
A Colorado federal judge threw out a lawsuit Wednesday that a former executive lodged against a Japanese space and robotics company accusing it of withholding from him stock options worth about $8 million, saying the dispute belongs in Japan.
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August 07, 2024
Kirkland-Led SPAC Raises $350M To Pursue Energy Targets
Special purpose acquisition company EQV Ventures Acquisition Corp. began trading Wednesday after it priced a $350 million initial public offering, represented by Kirkland & Ellis LLP and underwriters' counsel Ellenoff Grossman & Schole LLP, in order to pursue an energy-related acquisition.
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August 07, 2024
Davis Polk, Cooley Lead $1.5B Sale Of PetIQ
Pet medication company PetIQ Inc., advised by Cooley LLP, on Wednesday announced plans to go private following its acquisition by private investment firm Bansk Group, led by Davis Polk & Wardwell LLP, in an all-cash deal valued at roughly $1.5 billion.
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August 07, 2024
Dentons Hires Former CFTC Commissioner As Partner In DC
Dentons has hired a former Commodity Futures Trading Commission commissioner, who has joined the firm to continue advising clients on financial market regulatory issues and compliance matters, the firm announced Wednesday.
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August 06, 2024
3 Firms Guide AI-Focused Semiconductor Maker's SPAC Deal
Special-purpose acquisition company byNordic Acquisition Corp. said Tuesday it plans to acquire and take public an artificial intelligence-focused subsidiary of Sivers Semiconductors AB through a deal advised by three law firms.
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August 06, 2024
2nd Circ. Says Citi Whistleblower Can't Get Cut Of $400M Fine
The Second Circuit on Tuesday upheld a lower court's dismissal of a Citibank executive's whistleblower lawsuit seeking a piece of a $400 million fine the bank paid, finding that she failed to allege a valid False Claims Act claim and therefore has no right to a portion of financial recovery.
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August 06, 2024
Iraqi Kurdish Gov't Looks To Nix $490M Debt Suit
The Kurdistan Regional Government of Iraq urged a New York court Monday to toss litigation to enforce a $490 million judgment issued in a dispute over a loan to a Kurdish mobile phone operator, saying an international arbitration tribunal has confirmed that the debt no longer exists.
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August 06, 2024
KKR & Co., 2 Founders Sued In Del Over $500M Exit Deal
A union pension fund has sued KKR & Co. Inc. founders Henry Kravis and George Roberts and 14 others in connection with no-tax share conversion payment rights lined up in connection with the company's October 2021 switch from an umbrella partnership "C" company into a regular corporation.
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August 06, 2024
Piper Sandler Says It Will Pay $16M In Recordkeeping Fines
Piper Sandler Cos. disclosed Tuesday that it has reached tentative agreements with the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission to end investigations into off-channel business communications for a total of $16 million.
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August 06, 2024
6 Firms Lead Chinese AI Chipmaker's $133M Hong Kong IPO
Artificial intelligence chip designer Black Sesame International Holding Ltd. is preparing to debut on the Hong Kong stock exchange this week after reportedly pricing a $133 million initial public offering, guided by six firms, completing one of the Asia region's largest IPOs in 2024.
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August 06, 2024
Ex-Mayor's Fight With Law Firm No RICO Case, 5th Circ. Told
Counsel for convicted fraudster and former Texas Mayor Laura Maczka-Jordan said it's significant that a law firm accusing her and her husband of racketeering represented itself during oral arguments before the Fifth Circuit Tuesday, arguing that the case deals with a lease dispute rather than a racketeering scheme.
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August 06, 2024
Life Sciences Credit Firm Symbiotic Launches With $600M
A new credit firm led by veterans in the healthcare industry announced its launch Tuesday, with more than $600 million in capital earmarked for loans to life sciences companies.
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August 06, 2024
Finance Co. EasyKnock Scams Poor Homeowners, Suit Says
Home finance company EasyKnock Inc. has been sued on allegations it targeted a low-income Philadelphia resident in an "equity-theft" scheme designed to dupe homeowners with an upfront cash payment for a gradual sale of their home that secretly transfers the title to the company.
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August 06, 2024
Cargo Airline, Workers Forge Settlement In ESOP Battle
A Delaware federal judge on Tuesday agreed to stay a suit against Western Global Airlines and an investment manager after workers who alleged that their employee stock ownership plan was mishandled told the court they had reached a settlement.
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August 06, 2024
DC Circ. Urged To Revive Investor's Pandemic-Era Losses Suit
An investor vying to hold Bank of America liable for losses he sustained at the height of the COVID-19 pandemic told the D.C. Circuit that a trial court judge prematurely tossed his suit claiming that the bank failed to explain the risks of cashing out his investments.
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August 05, 2024
Epstein's Advisers Must Face Victims' Proposed Class Action
A New York federal judge on Monday refused to throw out a putative class action against associates of Jeffrey Epstein, yet also held that one of the victims couldn't pursue her claims in a 2021 liability release that is "about as broad and categorical as it gets."
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August 05, 2024
Morgan Stanley Says SEC Eyeing Its Cash Sweep Policies
Morgan Stanley told investors on Monday that it is fielding enforcement inquiries from the U.S. Securities and Exchange Commission about its investment account cash sweep policies.
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August 05, 2024
Ex-Virgin Islands Premier Gets 11 Years For Drug Conspiracy
A Florida federal judge on Monday sentenced the former premier of the British Virgin Islands to more than 11 years in prison after a jury convicted him of charges related to a conspiracy to smuggle cocaine from South America to the U.S. following a trial earlier this year.
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August 05, 2024
SEC, Other Regulators Propose Joint Data Standards
The U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the Consumer Financial Protection Bureau and six other regulators are crafting joint standards required by bipartisan legislation aiming to modernize the collection and publication of those agencies' financial data, the SEC announced Friday.
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August 05, 2024
BCBS Asks 9th Circ. To Undo Trans Patients' Win In Bias Suit
Blue Cross Blue Shield of Illinois urged the Ninth Circuit to reverse summary judgment in favor of trans patients who argued its exclusions for gender-affirming treatments violated the Affordable Care Act's anti-discrimination mandate, arguing Friday it is a third-party administrator that didn't design the exclusion nor exercised any control over it.
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August 05, 2024
Insurer Must Face Pa. Trans Firefighter's Surgery Claim
A Pennsylvania federal judge has refused to toss a suit from a transgender Philadelphia firefighter suing Independence Blue Cross for discrimination over the insurer's denial of coverage for facial feminization surgery, finding that claims under federal healthcare law could proceed, but not the Title VII claims.
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August 05, 2024
Cornell Workers Urge High Court To Hear ERISA Suit
Cornell University employees doubled down Monday on their request that the U.S. Supreme Court hear their class action accusing the university of mismanaging its employees' retirement savings, saying high court review is warranted to clear up a circuit court split.
Expert Analysis
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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Influencer Considerations As FINRA Initiates Crackdown
To avert risks when evaluating influencer and referral programs, firms should assess the Financial Industry Regulatory Authority's recent settlements involving the supervision of social media tastemakers, as well as recent FINRA guidance in this area, say attorneys at Troutman Pepper.
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New Crypto Reporting Will Require Rigorous Recordkeeping
The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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SEC Amendments May Launch New Execution Disclosure Era
The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.