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October 02, 2024
Former C-Quest Capital CEO Indicted For Carbon Credit Fraud
Federal prosecutors in New York on Wednesday announced criminal charges against Kenneth Newcombe, the former chief executive officer of carbon project developer C-Quest Capital, accusing him of scheming to submit altered data relating to cookstove projects abroad to obtain millions of dollars worth of carbon credits.
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October 02, 2024
Coinbase Seeks CFTC Docs To Defend SEC Enforcement Case
Coinbase has asked a Washington, D.C., federal court to direct the Commodity Futures Trading Commission to produce communications the regulator may have had with certain digital asset issuers as the cryptocurrency exchange prepares to defend registration claims from the U.S. Securities and Exchange Commission in New York.
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October 02, 2024
SEC Plans To Appeal Ripple Labs Decision To 2nd Circ.
The U.S. Securities and Exchange Commission told a New York federal judge on Wednesday that it plans to appeal her decision in its registration suit against blockchain firm Ripple Labs to the Second Circuit.
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October 02, 2024
Colo. Judge Sees No Injuries In Health Data Breach Class Suit
A Colorado federal judge has dismissed a proposed class action alleging a software company waited nearly three months to tell data breach victims about hackers accessing personal and medical information for more than 250,000 people, concluding the plaintiffs' allegations weren't enough to give them standing.
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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.
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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.
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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.
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October 02, 2024
'Netflix Of China' Beats Investor Suit Over Inflated User Claims
China-based streaming service iQIYI, dubbed the "Netflix of China," and another streaming service, Baidu Inc., have beaten proposed shareholder class action suits alleging the companies falsely beefed up iQIYI's user metrics, causing stock price drops when the truth was later revealed in a short seller report.
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October 02, 2024
DC Circ. Says Election Betting Contracts Can Go Live
The D.C. Circuit on Wednesday allowed betting on election outcomes to move forward after finding that the U.S. Commodity Futures Trading Commission hasn't shown that KalshiEx's listing of election-based event contracts would likely harm the public while the regulator challenges a ruling that gave the trading platform the green light to offer such services.
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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.
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October 02, 2024
Chinese Food Biz To Go Public Via $523M SPAC Merger
Blank-check company Iron Horse Acquisition Corp., advised by Lucosky Brookman LLP, on Wednesday announced that it has agreed to merge with and take public China Food Investment in a deal valued at $523 million.
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October 02, 2024
SEC's Top Cop Departing After Record-Breaking Tenure
The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.
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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.
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October 01, 2024
Meta Must Face Bulk Of Social Media Harms Securities Suit
A California federal judge on Monday trimmed but refused to throw out a proposed securities class action claiming Meta Platforms Inc. and its executives misled investors about the harmful effects of social media, finding that the investors pointed to plausibly misleading statements regarding mental health and keeping children safe.
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October 01, 2024
Merrill Lynch To Pay $2M FINRA Fine Over Trade Report Flaws
Merrill Lynch Pierce Fenner & Smith Inc. has agreed to pay the Financial Industry Regulatory Authority $2 million to settle allegations of trade-reporting compliance shortcomings, including its alleged failure to properly trace millions of relevant retail customer transactions for over a decade.
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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.
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October 01, 2024
Rocket Cos. Investors Lose Cert Bid In Post-Goldman Ruling
A Michigan federal judge has declined to grant class status to Rocket Cos. investors suing over the company's post-pandemic loan portfolio, saying that optimistic statements about the firm's future were too generic to be relied upon in light of a recent U.S. Supreme Court ruling in Goldman Sachs' favor that dealt with a similar issue.
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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.
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October 01, 2024
Foley & Lardner Accused Of Malpractice In GWG Transactions
Foley & Lardner LLP did not heed the fiduciary duty it owed to GWG Holdings when it facilitated loans and other transactions unfair to the life insurance-backed bond seller and, instead, enriched a group of "corrupt" shareholders, according to a lengthy adversary lawsuit filed in Texas bankruptcy court.
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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.
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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.
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October 01, 2024
Tesla Dodges Investor Suit Over Self-Driving Tech Claims
A California federal judge has released Tesla Inc. from litigation accusing it of deceiving investors about the capabilities and safety record of its self-driving technology, granting it at least a temporary reprieve from the class action litigation because suing shareholders hadn't shown that CEO Elon Musk knew his statements about the technology were false.
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October 01, 2024
Binance GC Is Building The Firm's Future, One Atty At A Time
Binance general counsel Eleanor Hughes says she inherited "probably one of the most stressful situations a lawyer can face" when she entered her role as the company negotiated a $4.3 billion settlement with U.S. authorities, but since then her focus has been on building the right team to guide the firm's compliance forward.
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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.
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October 01, 2024
Biotech Investors Reach $32.5M Deal Over Failed COVID Test
A class of Talis Biomedical Corp. investors accusing the company of inflating their stock price in the run-up to its IPO and then failing to launch a COVID-19 diagnostic test asked a California federal judge on Monday to preliminarily approve their $32.5 million settlement, citing Talis' shrinking cash reserves and imminent plans to file for bankruptcy.
Expert Analysis
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 Ways To Limit Risks Of Black-Box AI In Financial Services
As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.
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Tips For Revamping Patent Portfolio Strategy In AI Deal Era
Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Inside OCC's Retail Nondeposit Investment Products Refresh
In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Loper Fuels Debate Over Merchant Cash Advances As Credit
The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.