Capital Markets

  • March 18, 2025

    M&A Disputes Expected To Jump Once Again In 2025

    Dealmakers around the world expected more mergers and acquisitions disputes in 2025 for the second year in a row, as financial risk management strategies that helped deals close in 2024 were viewed as potential fuel for disputes this year, according to Berkeley Research Group's sixth annual M&A Disputes Report released Tuesday.

  • March 17, 2025

    Judge Axes Bid To Recoup Short-Swing Profits In Novel Ruling

    A New York federal judge has ruled in a matter of first impression that sporting goods company Clarus Corp. cannot recoup $57 million in short-swing profits a trading firm made from a series of transactions because the high-volume trades fit an exemption for market-making activities.

  • March 17, 2025

    DOJ Dismisses BitClout Crypto Fraud Case, Court Filings Say

    Federal prosecutors have dropped their fraud case against the founder of crypto project BitClout accused of ripping off a venture capital firm, while the U.S. Securities and Exchange Commission is engaged in talks about a possible end to its own civil action against him, court documents show.

  • March 17, 2025

    Wells Fargo Says OCC Has Closed Home Loan Consent Order

    Wells Fargo & Co. on Monday said the Office of the Comptroller of the Currency has closed a consent order related to its home lending business, marking the eleventh consent order against the bank that regulators have closed in recent years and another step forward in its regulatory rehabilitation efforts.

  • March 17, 2025

    Bowman Is Trump's Pick For Supervision Chief At Fed

    President Donald Trump on Monday tapped Federal Reserve Gov. Michelle "Miki" Bowman to take over as the central bank's vice chair for supervision, a role that would position the former community banker to shape key policymaking on bank capital, mergers and more.

  • March 17, 2025

    SEC Says Ex-CFO Cooked Pot Co. Acreage's Books

    The former chief financial officer of cannabis company Acreage faces U.S. Securities and Exchange Commission allegations that he covered up the company's attempt to inflate its 2019 cash balance with a so-called round-trip transaction involving an affiliate.

  • March 17, 2025

    SEC's Acting Chair Uyeda Promises To Slow Rulemaking

    Acting U.S. Securities and Exchange Commission Chair Mark Uyeda said Monday that he has directed staff to reassess a number of finalized and proposed regulations championed by the Biden administration, including those targeting mutual fund disclosures and the handling of crypto assets, as he championed a "smoother regulatory course" for the agency.

  • March 17, 2025

    Ginnie Mae Says Texas Bank Can't Undo Ruling On Lien

    Ginnie Mae and the U.S. Department of Housing and Urban Development have urged a Texas federal court to grant them summary judgment in a Texas bank's lawsuit, which alleges the government wrongfully extinguished the bank's first-priority lien for nearly $30 million of collateral, saying the court already upheld the authority to terminate the lien.

  • March 17, 2025

    Activist Investor Calls For Reconstitution Of Parkland's Board

    Activist hedge fund Engine Capital on Monday called for a comprehensive reconstitution of Calgary, Alberta-based Parkland Corp.'s board of directors, saying that the current board has overseen "meaningful underperformance" and demonstrated "zero interest" in engaging with its shareholders.

  • March 14, 2025

    Qatari Sheikh's Billions Invoked In $1M Scam, SEC Claims

    A purported wealth management company and its managing member face U.S. Securities and Exchange Commission fraud allegations over a pair of $1 million dollar schemes, including one involving an elaborate ruse invoking ties to the wealth of the royal family of Qatar.

  • March 14, 2025

    Newsmax Says It Shelled Out $40M To End Smartmatic Suit

    Newsmax Media Inc. paid $40 million in last year's settlement with Smartmatic USA Corp. to put to rest the election technology company defamation suit ahead of trial, according to a disclosure recently filed with the U.S. Securities and Exchange Commission.

  • March 14, 2025

    'Pig Butchering' Crypto Site Must Pay $2.5M, Judge Says

    A purported crypto trading platform has been ordered to pay nearly $2.5 million after failing to respond to U.S. Commodity Futures Trading Commission claims that it was at the heart of a so-called pig-butchering scheme — or a scam that sees victims fleeced by fictitious, chatty social media users.

  • March 14, 2025

    Reed Smith To Fight Removal In $102M Shipping Award Suit

    A New York federal judge has paused his order removing Reed Smith LLP as counsel for the former owners of reorganized international shipping group Eletson Holdings in litigation over a $102 million arbitral award while the BigLaw firm appeals the decision to the Second Circuit.

  • March 14, 2025

    Market Turbulence Threatens To Stall IPO Recovery

    Stock market volatility is impeding a recovery in initial public offerings that market dealmakers hoped would begin by spring, prompting many IPO lawyers and advisers to defer hopes of a rebound until at least the second half of 2025.

  • March 14, 2025

    5th Circ. Affirms Energy Exec's Insider Trading Conviction

    The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.

  • March 14, 2025

    Coupang Hit With Corporate Fraud, Waste Claims In Chancery

    The officers and directors of tech company Coupang Inc., are facing a derivative lawsuit in Delaware Chancery Court — accused of corporate mismanagement, fraud and waste, including labor violations in South Korea.

  • March 14, 2025

    Chief Justice Won't Halt FINRA Case Against Suing Brokerage

    Chief U.S. Supreme Court Justice John Roberts on Friday denied a request to stay an in-house Financial Industry Regulatory Authority disciplinary proceeding while a broker-dealer attempts to convince the justices to hear its constitutional challenge to the regulator.

  • March 14, 2025

    Davis Polk-Led Fintech Startup Klarna Files For IPO

    Swedish fintech startup Klarna Bank AB on Friday filed plans for a long-awaited initial public offering, represented by Davis Polk & Wardwell LLP and underwriters counsel Latham & Watkins LLP, potentially setting in motion a blockbuster IPO.

  • March 14, 2025

    Three Arrows Beats FTX To Get $1.5B Bankruptcy Claim

    The liquidators of failed cryptocurrency hedge fund Three Arrows Capital have prevailed in a dispute with FTX Trading Ltd. over the allowance of a $1.53 billion bankruptcy claim, with a Delaware judge deciding to grant Three Arrows' bid to change its original claim despite FTX asserting that the move was made in bad faith.

  • March 14, 2025

    Judge Trims Investor's Bid To Rescind Funds From Pot Co.

    A Florida federal judge has found that an investor can't rescind a deal or claim fraud through common law in a suit alleging that the officers and agents of a cannabis company hid a $13 million tax liability when he invested.

  • March 14, 2025

    Former SEC General Counsel Barbero Joins Venable In DC

    Venable LLP announced Friday that former U.S. Securities and Exchange Commission general counsel Megan Barbero has joined the firm's Washington, D.C., office following a three-year stint at the Wall Street regulator. 

  • March 14, 2025

    Kraken Beats Suit Over Crypto Scam Losses, For Good

    A California state judge permanently tossed a lawsuit Friday alleging lax security measures on the cryptocurrency exchange Kraken are to blame for a Los Angeles County man's loss of nearly $50,000 in a digital asset investment scam.

  • March 13, 2025

    Jessica Alba's Honest Co. Inks $28M Deal In IPO Class Action

    Jessica Alba's The Honest Co., its executives and others involved in the baby and beauty product company's initial public offering have agreed to pay nearly $28 million to resolve a class action in California federal court alleging they failed to disclose negative trends ahead of the IPO.

  • March 13, 2025

    Chinese Fund Opposes Businessman's Bid To Pause Award

    A Chinese investment fund has objected in California federal court to a businessman's bid to pause recognition of a $4.8 million foreign arbitral award against him, arguing that he lost his dispute in two venues and can't prevent execution of the judgment.

  • March 13, 2025

    SEC's Expansion Of Confidential Filings Likely To Spur Deals

    The U.S. Securities and Exchange Commission's latest effort to expand companies' ability to confidentially file for more securities offerings during initial stages should accelerate the pace of public issuances, according to capital markets lawyers.

Expert Analysis

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Kiromic SEC Order Shows Importance Of Self-Reporting

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    The U.S. Securities and Exchange Commission's recently filed settled charges against Kiromic BioPharma illustrate the critical intersection between U.S. Food and Drug Administration regulatory processes and investor disclosures under the securities laws, and showcase how responding promptly to internal whistleblower reports may reap benefits, say attorneys at Arnold & Porter.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Understanding Risks Of Celebrities 'Hawking' Crypto Tokens

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    Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.

  • Top Considerations For Insurance Companies In 2025

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    As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands

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    A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Assessing Gary Gensler's Legacy At The SEC

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    Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • Takeaways From DOJ Fraud Section's 2024 Year In Review

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    Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

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