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Asset Management
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January 01, 2025
5 Big Questions For White Collar Enforcement In 2025
White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.
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January 01, 2025
5 Energy Transactional Trends To Watch In 2025
A second Donald Trump presidency and a resulting shift in federal policy away from clean energy and toward fossil fuels will cloud the dealmaking environment for the energy industry, but attorneys believe the deal pace will remain brisk across the sector. Here are five transactional trends that are worth watching closely this year.
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January 01, 2025
3 Areas Where SEC Enforcement May Change Under Trump
The leadership of the U.S. Securities and Exchange Commission is slated to change hands in three weeks when President-elect Donald Trump is inaugurated, and attorneys believe that a Republican-led SEC is likely to bring with it a downturn in crypto- and climate-related cases as well as a potential end to recordkeeping sweeps.
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January 02, 2025
D&O, Cyber Issues Top Specialty Line Cases To Watch In 2025
2025 promises to usher in significant developments in ongoing litigation fights over crucial specialty line insurance issues, including directors and officers and cyber risk policies. Here, Law360 speaks to experts for carriers and policyholders on the top cases to watch in the new year.
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January 01, 2025
Delaware Courts Face Complex, 'Exciting' Litigation In 2025
Delaware's corporate and commercial law courts are heading into 2025 with a heavier caseload than ever, while facing unprecedented criticism from the corporate bar, state lawmakers and unhappy litigants in a changing social and political landscape.
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January 01, 2025
IPO Outlook Brightens As More Companies Eye 2025 Listings
Capital markets attorneys are preparing to advise more companies toward initial public offerings in 2025, given evidence that a rising number of candidates are joining the pipeline in expectation of a long-awaited resurgence in new listings. Here, Law360 looks at what deals attorneys and market participants expect.
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January 01, 2025
5 Cases Benefits Attorneys Should Keep An Eye On In 2025
The U.S. Supreme Court will hear Cornell University workers' bid to revive a retirement plan lawsuit, the Ninth Circuit will weigh whether a nicotine surcharge dispute belongs in arbitration, and the Second Circuit will hear Yale University defend a win in a fight over retirement plan fees and investments. Here are five cases benefits lawyers should have on their radar in the new year.
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
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January 01, 2025
5 Policy Changes Benefits Attys Should Watch For In 2025
With President-elect Donald Trump poised to return to the White House, experts are bracing for potential changes including shifts from the U.S. Department of Labor on who qualifies as a regulated fiduciary under benefits law to whether retirement plans can consider environmental and social factors when picking investments. Here, Law360 looks at five employee benefits policy issues to keep an eye on in the new year.
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January 01, 2025
Trump's Regulatory Agenda Looms Over Compliance In 2025
The world of financial regulatory compliance will be keeping an eye on how Donald Trump's return to the White House will live up to his campaign promises of deregulation, new tariffs and more in the new year, while preparing for the end of various Biden administration priorities.
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December 23, 2024
OCC Orders BofA To Enhance BSA Compliance Programs
The Office of the Comptroller of the Currency on Monday ordered Bank of America NA to take several corrective actions to enhance its Bank Secrecy Act and anti-money laundering sanctions compliance programs to resolve claims the bank had deficiencies in these programs and failed to timely file suspicious activity reports.
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December 20, 2024
SEC's Dealer Rule Loss Is A Lesson To Regulators, Atty Says
A Sullivan & Cromwell LLP attorney who successfully litigated a crypto industry challenge to vacate a U.S. Securities and Exchange Commission rule expanding the definition of dealer said the Texas federal judge's decision is another block in the recent chain of court decisions warning federal agencies to refrain from stretching old statutory terms to reach new contexts that aren't clearly within their authority.
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December 20, 2024
TD Bank, Boeing And Medicare: Compliance Headlines In 2024
Corporate compliance lessons were never far from the headlines in 2024, as regulatory challenges and headaches facing industries ranging from healthcare to aerospace played front and center, including TD Bank's historic $3.1 billion money laundering settlement that federal prosecutors billed as one for the risk-management textbooks.
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December 20, 2024
Argentina Asks Justices To Review Bondholders' $310M Win
Argentina wants the U.S. Supreme Court to resolve a circuit split over what law applies when determining whether a country's assets are shielded from creditors under the Foreign Sovereign Immunities Act, saying its reversionary interests worth $310 million in collateral backing recently matured 1990s Brady bonds are immune.
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December 20, 2024
A Look Back At 2024's Major Securities Litigation Moments
The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.
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December 20, 2024
Suit Slams SEC's Use Of 'Career Death Penalty'
A father and son who settled allegations of defrauding investment advisory clients with the U.S. Securities and Exchange Commission are suing in D.C. federal court to block the agency from barring them from the securities industry, claiming that the administrative case is unconstitutional.
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December 20, 2024
Wells Fargo, LPL Financial Fined $3.6M For Bad Trading Data
Wells Fargo Clearing Services LLC and LPL Financial LLC on Friday each agreed to pay separate $900,000 fines to the U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority to resolve claims they failed to provide complete and accurate securities trading information, known as blue sheet data.
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December 20, 2024
Deutsche Bank Unit To Pay SEC $4M For Untimely SARs
Deutsche Bank Securities Inc., a subsidiary of Deutsche Bank AG, has agreed to pay $4 million to the U.S. Securities and Exchange Commission to resolve claims that the registered broker-dealer did not file certain suspicious activity reports in a timely manner for transactions that they suspected involved criminal activity or funds derived from illegal activity.
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December 20, 2024
SEC Sues Silver Point Over Atty's Receipt Of Nonpublic Info
The U.S. Securities and Exchange Commission sued investment adviser firm Silver Point Capital LP in Connecticut federal court on Friday, alleging that it failed to establish policies to safeguard material nonpublic information, particularly from a now-deceased former BigLaw attorney.
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December 20, 2024
Edward Jones, Others To Return $8.2M To Mutual Fund Clients
Edward Jones and two firms that oversee mutual funds have agreed to collectively return $8.2 million to customers who were allegedly made to pay excess sales charges and fees, according to a Friday statement from the Financial Industry Regulatory Authority.
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December 20, 2024
DOL Sues Over New York BBQ Co.'s $99M Stock Plan Deal
The U.S. Department of Labor sued Argent Trust Co. and several New York City restaurant operators in federal court, alleging they violated federal benefits law by causing a barbecue company's employee stock ownership plan to pay $99 million for overvalued company stock in a leveraged transaction.
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December 20, 2024
Trump Transfers $4B Equity Stake In Media Startup To Trust
President-elect Donald Trump has transferred control over his estimated $4 billion stake in the company that owns his social media platform to a revocable trust held by his son, according to regulatory flings.
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December 20, 2024
Prudential Freed From 401(k) Mismanagement Suit
A New Jersey federal judge tossed a class action claiming Prudential bogged down its retirement plan with underperforming funds while also funneling money into a proprietary investing tool that benefited the company over employees, ruling the case lacks proof that mismanagement occurred.
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December 20, 2024
Capital Markets Attorneys Ready For Reset After Bumpy 2024
Capital markets activity — initial public offerings especially — posted a hesitant recovery in 2024, marginally increasing over prior-year levels before pausing altogether during a heated presidential election and postponing attorneys' hopes for a stronger rebound until 2025.
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December 19, 2024
Aviation Co. AAR To Pay $55M Over Alleged Bribery Schemes
AAR Corp. has agreed to shell out $55 million to resolve allegations from both the U.S. Securities and Exchange Commission and U.S. Department of Justice that the aviation services provider bribed government officials in Nepal and South Africa, the agencies announced Thursday.
Expert Analysis
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling
While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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2nd Circ. Case Reinforces Need For Advance Notice Bylaws
The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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3 Ways To Lower Insider Trading Risk After First 10b5-1 Case
In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Evolving Regulatory Oversight For AI And Asset Management
Attorneys at K&L Gates discuss the evolving regulatory and legislative landscape for artificial intelligence in the asset management industry, as the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission and Congress consider how to address potential investor protection and systemic risks associated with AI.
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Why Calif. Courts Are Split On ERISA Forfeited Contributions
A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.