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Capital Markets
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February 27, 2025
Stripe Says It's Valued At $91.5B Through Tender Offer
Payment provider Stripe Inc., advised by Orrick Herrington & Sutcliffe LLP, on Thursday said it reached a $91.5 billion valuation after agreeing with investors to provide liquidity to current and former Stripe employees through a tender offer.
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February 27, 2025
7-Eleven Owner Says $58B Bid Is Off Due To Financing Hitch
Seven & i Holdings Co. said Thursday that a buyout offer from an executive and one of his companies, said to be worth about $58 billion, has fallen through after the bidding party was unable to secure necessary financing, putting a prior bid from Canada's Alimentation Couche-Tard Inc. back into focus.
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February 26, 2025
SEC Wants To Pause Fraud Suit Against Tron Founder
The U.S. Securities and Exchange Commission on Wednesday asked a New York federal court to pause its fraud suit against the founder of blockchain network Tron Foundation, joining the growing list of cryptocurrency cases being abandoned or sidelined under the new Trump administration.
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February 26, 2025
Snap Investors End Derivative Suit Over Apple Privacy Change
Executives and directors of Snapchat parent company Snap Inc. have escaped a consolidated shareholder derivative suit alleging the social media company failed to warn investors about the impact that certain iPhone privacy changes would have on its advertising revenue, with a judge signing off on a voluntary dismissal order.
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February 26, 2025
Matterport Tells Del. Justices Ex-CEO Cash-Out Rulings Flawed
An attorney for 3-D building imaging company Matterport Inc. and an affiliate told Delaware's Supreme Court on Wednesday that the Court of Chancery relied on a "shockingly expansive" definition of the phrase "immediately following" in a decision that ultimately added $79 million to a former CEO's postmerger cash-out after Matterport's go-public sale.
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February 26, 2025
Trump CFTC Shifts Enforcement Stance From Stick To Carrot
In a sign that it is backing off a more aggressive tone on enforcement during the second Trump administration, the U.S. Commodity Futures Trading Commission has provided what it says is first-of-its-kind guidance on how much money regulated entities can expect to save for cooperating with agency investigations.
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February 26, 2025
Trump Order May Affect Trader's FCPA Conviction, DOJ Says
Federal prosecutors say an oil trader from Connecticut should not win his bid to undo his overseas bribery conviction, but noted that the case's future is uncertain given President Donald Trump's executive order pausing Foreign Corrupt Practices Act cases.
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February 26, 2025
Ex-CFTC Chair Says Congress 'Can Do Better' On Stablecoins
Senate Democrats questioned the consumer protection provisions included in recently proposed stablecoin legislation at a Wednesday digital asset subcommittee hearing, which saw a former U.S. Commodity Futures Trading Commission chair argue that lawmakers "can do a lot better" than the existing proposals.
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February 26, 2025
Fuel Co. Trustee Accuses Ex-Owners Of $100M Buyout Fraud
The founders and former majority owners of the bankrupt fuel distributor Mountain Express Oil Co. were hit with a lawsuit by the company's trustee Monday alleging that they took nearly $100 million out of the business through a bogus stock buyout that pushed it to the brink of insolvency.
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February 26, 2025
2nd Circ. Won't Revive Federal Claims In Uniswap Crypto Suit
The Second Circuit affirmed Wednesday that Uniswap Labs and its venture capital backers can't be held liable under federal securities law for the sale of so-called scam tokens on the decentralized Uniswap exchange, but directed the New York federal judge who tossed the buyers' suit to take another look at their state law claims.
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February 26, 2025
GOP-Led House Panel Pushes Easier Rules On Capital Raising
A U.S. House of Representatives subcommittee invited input Wednesday on a slew of deregulatory bills that seek to ease rules governing private and public securities offerings, drawing plaudits from the Republican majority and mixed responses from Democrats.
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February 26, 2025
PierFerd Adds Ex-Alston & Bird Real Estate Finance Attorney
Pierson Ferdinand LLP said Wednesday it has added a real estate finance securitization partner who was previously an attorney at Alston & Bird LLP to its corporate department.
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February 25, 2025
FBI Came For Abramoff Asking About Russian Spy-Linked Pal
Disgraced lobbyist and government witness Jack Abramoff told jurors Tuesday during his cross-examination at the fraud trial of a cryptocurrency company founder he worked for that the FBI initially approached him in 2018 with questions about his connection to a conservative operative once linked to a Russian agent.
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February 25, 2025
Binance Can't Evade Terror Victims' Suit, But It's Trimmed
The New York federal judge overseeing Hamas attack survivors' claims against Binance and its former CEO said on Tuesday that the defendants can't dodge the suit claiming they aided terrorist groups on a jurisdictional basis, but said some of the plaintiffs are not closely related enough to the victims to bring claims under the Anti-Terrorism Act.
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February 25, 2025
Horse-Racing Co.'s 'Unregistered' NFTs Cost Gains, Suit Says
A nonfungible token project that once allowed users to invest in virtual versions of real-life racehorses is caught in a proposed class action from an investor who alleges that "Game of Silks" failed to register its tokens as securities and disclose key information to buyers before it collapsed.
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February 25, 2025
SEC Reaffirms Defense Of Market Surveillance Tool
The U.S. Securities and Exchange Commission has said it is not done defending the existence of a controversial market surveillance tool despite the agency's recent curtailment of the types of information it collects.
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February 25, 2025
Another Crypto Co. Says SEC Inquiry Ends Without Action
Decentralized finance platform Uniswap Labs announced Tuesday that the U.S. Securities and Exchange Commission closed its multi-year investigation into the firm, marking the latest crypto business to claim the regulator is walking away without taking action.
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February 25, 2025
Dem Commissioner To Leave CFTC Upon New Chair's Arrival
U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday afternoon that she plans to exit the agency as soon as Congress confirms the appointment of a new chair, likely leaving the financial markets regulator with only a single Democrat overseeing its activities.
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February 25, 2025
SEC's Small Biz Panel Seeks Relief For Venture Funds
A U.S. Securities and Exchange Commission advisory group is recommending the agency ease rules to allow qualifying venture funds to attract more investors without registering with the SEC, hoping to bolster capital available to small businesses.
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February 25, 2025
Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel
Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.
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February 25, 2025
Ex-Allianz Exec Avoids Prison As Massive Fraud Case Wraps
A Manhattan federal judge on Tuesday allowed a former fund executive from New Jersey to avoid prison for lying to clients of Allianz's U.S. unit, citing his cooperation as the government investigated a fraud that cost the German finance giant $6 billion.
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February 24, 2025
Lobbyist Abramoff Testifies At Fraud Trial Against Crypto CEO
Disgraced Washington, D.C., power broker Jack Abramoff told jurors on Monday that he participated in a conspiracy with the founder of an "anti-money laundering" cryptocurrency company accused of bilking investors out of $5 million, testifying remotely due to a recent cancer diagnosis.
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February 24, 2025
SEC Crypto Task Force Wants Input, Commissioner Says
U.S. Securities and Exchange Commission Commissioner Hester Peirce urged firms to bring their input to her Crypto Task Force in a Friday statement that outlined a series of questions the group is grappling with, including the taxonomy of tokens.
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February 24, 2025
Biotech Minority Investor Sues In Del. To Block Control Moves
A company control and takeover battle between Aurion Biotech Inc. and a large investor made its second landing in Delaware's Court of Chancery on Monday, in a minority stockholder's direct and derivative suit accusing Alcon Research Inc. and its board designates of multiple fiduciary breaches.
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February 24, 2025
Robinhood, OpenSea Say SEC Closed Crypto Inquiries
Robinhood said Monday that the U.S. Securities and Exchange Commission "has officially closed" an investigation into its cryptocurrency arm without any enforcement action, joining a growing number of crypto matters the SEC has dropped or paused under the new Trump administration.
Expert Analysis
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.