Asset Management

  • October 02, 2024

    Credit Repair Co. Owes $50M In CFPB, Mass. AG Case

    The Consumer Financial Protection Bureau and Massachusetts' attorney general scored a $50 million win in their suit against a credit repair service and its owner after a Bay State federal judge determined that they violated federal and state consumer protection laws by falsely promising credit score improvements and illegally charging advance fees.

  • October 02, 2024

    CFPB's $5M Student Loan Deal Gets OK Over PIMCO Objections

    A Pennsylvania federal judge has finalized a proposed $5 million settlement of a Consumer Financial Protection Bureau case that alleged pandemic-era servicing failures involving securitized student loans, overruling objections that money manager PIMCO raised on behalf of loan investors.

  • October 02, 2024

    Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row

    An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.

  • October 02, 2024

    Fried Frank, DLA Piper Steer Commercial REIT's $251M Listing

    Shares of real estate investment trust FrontView began trading Wednesday after it priced a nearly $251 million initial public offering within its intended price range, with Fried Frank Harris Shriver & Jacobson LLP advising the company and DLA Piper serving as counsel for the underwriters.

  • October 02, 2024

    Enviro Groups Step Up Effort To Block JBS' US Listing

    Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.

  • October 02, 2024

    Defense Atty Escapes DQ In $3M Transaction Row, For Now

    An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.

  • October 02, 2024

    NY Man Posed As Exec To Steal $810K Tax Refund, Feds Say

    A New York man has been charged with intercepting an unnamed Connecticut investment firm's $810,337 tax refund and then impersonating an executive of the company to steal most of it.

  • October 02, 2024

    Class Cert. In Bonus Suit Against X On The Verge Of Failure

    A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.

  • October 02, 2024

    Crypto Fund Manager Bitwise Files Plans For XRP-Tied Fund

    Crypto-focused asset manager Bitwise filed a registration statement Wednesday that proposes to list the first exchange-traded product tied to the price of XRP, a digital currency that has long faced regulatory resistance.

  • October 02, 2024

    Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution

    While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.

  • October 01, 2024

    CFPB Warns On Collecting 'Invalid,' Unverified Medical Debt

    The Consumer Financial Protection Bureau on Tuesday cautioned debt collectors about significant potential compliance risks when working in the medical debt market, issuing guidance that identified a number of practices as illegal and capable of triggering "strict liability" under federal law.

  • October 01, 2024

    CFTC Fines Barclays, 3 Others Over Swap Rule Violations

    Barclays Bank PLC on Tuesday agreed to pay the Commodity Futures Trading Commission $4 million for swap reporting violations, and three other swaps market participants copped to reporting and safeguards violations and agreed to pay more than $2 million combined in settlements that drew criticism from one commissioner.

  • October 01, 2024

    4 Firms Guide PE-Backed Polish Retailer's Expected $1.6B IPO

    Private equity-backed Polish convenience store giant Zabka Polska SA outlined plans Tuesday for an initial public offering estimated to raise 6.2 billion zloty ($1.6 billion), potentially Poland's largest listing in four years, under the guidance of four law firms.

  • October 01, 2024

    Latham, Milbank Guide StandardAero's Upsized $1.4B IPO

    StandardAero Inc., a private equity-backed aerospace services provider, announced Tuesday it raised more than $1.4 billion in an initial public offering that's larger than the issuer first intended and is one of the year's largest offerings, with Latham & Watkins LLP advising the company and Milbank LLP serving as counsel for the underwriters.

  • October 01, 2024

    Complications Again Delay Citgo Sales Hearing In Delaware

    A federal judge in Delaware on Tuesday further delayed a forthcoming auction of Citgo's parent company to satisfy billions of dollars in Venezuelan debt, and he ordered additional briefing as he grapples with parallel litigation that allegedly threatens to undermine the sale process.

  • October 01, 2024

    Israeli Analytics Co. Beats 'Social Engineering' Suit, For Now

    A New York federal judge has dismissed a proposed investor class action against Israeli security analytics company Cognyte Software Ltd. over claims that its tools were used to surveil and "social-engineer" journalists and politicians, saying many of the alleged misstatements are inactionable as currently presented.

  • October 01, 2024

    Lighting Co., ESOP Manager Can't Toss Workers' ERISA Fight

    A California federal judge refused to toss an ex-worker's federal benefits lawsuit alleging a lighting company's employee stock ownership plan was mismanaged in a $25 million sale of company stock, finding allegations could proceed to discovery that individuals behind the deal breached their fiduciary duty to the ESOP.

  • October 01, 2024

    Boeing Can't Escape Investors' 737 Max Fraud Suit

    An Illinois federal judge trimmed but refused to toss a proposed securities class action against Boeing over claims that it harmed investors by misrepresenting the 737 Max's safety, pushing back against defendants who wanted him to reach the same conclusion as the suit's previously assigned judge.

  • October 01, 2024

    Davis Polk-Led Brazilian Lubricants Maker Eyes $400M IPO

    Moove Lubricants Holdings, a private equity-backed lubricants producer based in Brazil, on Tuesday unveiled terms for an estimated $400 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Paul Hastings LLP.

  • October 01, 2024

    Willis Towers Watson Inks $632M Sale Of Tranzact To PE Firms

    Insurance company Willis Towers Watson Plc, advised by Weil Gotshal & Manges LLP, on Tuesday announced that it is divesting its direct-to-consumer insurance distribution business Tranzact and selling it to Kirkland & Ellis LLP-advised private equity firm GTCR and Willkie Farr & Gallagher LLP-led technology services investment platform Recognize for $632.4 million.

  • October 01, 2024

    Foreclosure Class Wants To Stop Mich. Atty's Victim Outreach

    Lawyers behind a proposed tax foreclosure class action in Michigan federal court have said an attorney who recently secured a settlement in a similar case sent a misleading solicitation letter to a client in a bid to undermine the proceedings.

  • October 01, 2024

    Paul Weiss Adds Former Apollo GC As NY Corporate Partner

    A former partner and general counsel for the credit arm of Apollo Global Management is now a partner in Paul Weiss Rifkind Wharton & Garrison LLP's corporate department, the firm said Tuesday.

  • October 01, 2024

    Paul Weiss Guides OceanSound To $1.5B Sophomore Fund

    Growth-oriented private equity firm OceanSound Partners, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced it clinched its second fund with $1.49 billion of investor commitments, which will be used to invest in middle-market technology companies.

  • October 01, 2024

    Latham Helps TJC Clinch 2nd Continuation Fund At $2.1B

    Latham & Watkins LLP-advised middle-market private equity firm TJC LP on Tuesday announced that it clinched its second continuation fund with $2.1 billion of investor commitments led by Carlyle subsidiary AlpInvest.

  • October 01, 2024

    SEC Fines Marathon Asset Over Nonpublic Info Policies

    The U.S. Securities and Exchange Commission announced that Marathon Asset Management LP will pay $1.5 million to settle allegations that the debt investment firm failed to have adequate policies and procedures to prevent the misuse of nonpublic information in relation to its business of analyzing debtors' financial obligations.

Expert Analysis

  • Bankruptcy Courts Have Contempt Power, Del. Case Reminds

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    A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.

  • A Look At New IRS Rules For Domestically Controlled REITs

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    The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.

  • 7 Effects Of DOL Retirement Asset Manager Exemption Rule

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    The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.

  • Standardizing Early Case Appraisal In Securities Class Actions

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    While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

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    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Key Priorities In FDIC Report On Resolving Big Bank Failures

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    The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.

  • A Recipe For Growth Equity Investing In A Slow M&A Market

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    Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

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    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • What Makes Unionization In Financial Services Unique

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    Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

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