Capital Markets

  • October 07, 2024

    Justices Won't Hear Commerzbank RMBS Fight With US Bank

    The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.

  • October 07, 2024

    Title Co. Denied Early Win In $13M Hotel Investment Fight

    A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.

  • October 07, 2024

    Trio Of 1st Circ. Criminal Cases Turned Away By Top Court

    The U.S. Supreme Court on Monday declined to review three white collar cases on appeal from the First Circuit, including challenges to a cryptocurrency founder's conviction for investor theft and an Illinois attorney's fraud and money laundering conspiracy verdict.

  • October 07, 2024

    Coinbase Says Ripple Appeal Supports Its Own 2nd Circ. Bid

    Cryptocurrency exchange Coinbase told a New York federal judge that the Second Circuit would be best served by reviewing the firm's bid to toss the U.S. Securities and Exchange Commission's enforcement suit against it now that the SEC has appealed a judgment with similar legal questions in its case against Ripple Labs.

  • October 07, 2024

    Feds Seek Tape, Allege Witness Tampering In WeWork Case

    Prosecutors asked Sunday to subpoena a recording of an incident in which they say a former investment firm CEO who is accused of making a fraudulent offer for WeWork shares had improper contact with a witness expected to testify at the ex-CEO's upcoming trial.

  • October 07, 2024

    Alta Fox Latest Activist To Take Aim At Forward Air Corp.

    Forward Air Corp. shareholder Alta Fox in a Monday letter blasted the "disastrous record of ignoring shareholders' views" by the asset-light transportation services provider and demanded immediate change, marking the second activist investor to take aim at the company in recent months.

  • October 07, 2024

    Winston & Strawn Adds Digital Assets Pro From K&L Gates

    Winston & Strawn LLP has hired as a partner for its transactions department and as a member of its digital assets and blockchain technology group an attorney who formerly worked at K&L Gates LLP and co-chaired its digital assets industry group.

  • October 07, 2024

    High Court Turns Away Case On Shareholder Opt-Out Rights

    The U.S. Supreme Court on Monday turned away a petition brought by an AMC Entertainment Holdings Inc. shareholder who asked the court to weigh in on whether a Delaware Court of Chancery judge violated her due process rights by blocking her from opting out of a settlement over the movie chain's controversial reverse stock split. 

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Milbank LLP Lands Departing SEC Enforcement Chief Grewal

    Departing U.S. Securities and Exchange Commission enforcement director Gurbir Grewal will land at Milbank LLP in New York after he leaves the agency later this month, joining the law firm's litigation and arbitration group, according to a person familiar with the matter.

  • October 04, 2024

    Real Estate Execs Accused Of NYC Deed Theft Scheme

    Three real estate executives have been arrested in connection with a purported $500,000 deed theft scheme that preyed upon a vulnerable home owner in the Bronx, according to the Office of the New York State Attorney General.

  • October 04, 2024

    SEC Suit Over Fund Adviser's $1B Loss Teed Up For Trial

    An Illinois federal judge has declined to grant the U.S. Securities and Exchange Commission a win in its suit accusing a now-defunct Chicago investment adviser of mismanaging $1 billion in assets, finding that a jury will need to consider many of the suit's claims around whether investors were misled about the firm's trading strategy and risk management practices.

  • October 04, 2024

    G7 Antitrust Chiefs Vow To Scope Collusion In AI Tech Sector

    U.S. and international antitrust regulators said Friday they intend to scrutinize any anticompetitive practice in the market for artificial intelligence technologies or any use of the emerging tech to circumvent competition.

  • October 04, 2024

    Thrivent Unit Pays SEC Fine Over Alleged Reg BI Lapses

    Thrivent Investment Management Inc. has settled the U.S. Securities and Exchange Commission's allegations that it violated Regulation Best Interest when recommending certain investments to customers enrolled in college savings plans when lower-priced options were available.

  • October 04, 2024

    SEC Should Take Over Market Database, Investor Group Says

    An investor-side trade association is pushing the U.S. Securities and Exchange Commission to take control of a controversial market surveillance tool out of the hands of the nation's stock exchanges, saying in a recent rulemaking petition that a failure to do so could be "catastrophic" if either the government or the courts decide to shut down the database.

  • October 04, 2024

    Credit Suisse Investors Joust Over Bids To Be Class Leader

    A Credit Suisse investor in a class action alleging the bank misled investors about its condition in the run-up to its collapse and takeover by UBS has asked a New York federal judge to toss the current lead plaintiff in favor of himself, while the current lead plaintiff shot back with an opposition.

  • October 04, 2024

    Coinbase To Limit Stablecoins That Don't Meet New EU Rules

    Crypto exchange Coinbase said Friday that it plans to delist certain stable-value tokens for users in the European Union if the tokens don't meet soon-to-be-effective guidelines under the jurisdiction's crypto regime.

  • October 04, 2024

    Tempur Sealy, Mattress Firm Sue To Block FTC Merger Case

    Tempur Sealy International Inc. and Mattress Firm Group Inc. told a Texas federal court on Friday that the Federal Trade Commission's in-house process violates the Constitution, so the agency's case challenging their planned $4 billion merger should be blocked.

  • October 04, 2024

    4 Benefits Appellate Arguments To Watch In October

    The Fourth Circuit will consider a drugmaker's challenge to a West Virginia state law restricting access to the abortion drug mifepristone and Ohio pension funds are seeking to revive an investor class action at the Second Circuit, while the First and Ninth Circuits will take up executive compensation disputes. Here are four appellate arguments in October involving employee benefits that attorneys may want to keep on their radar.

  • October 04, 2024

    Chinese Courier, GOP-Focused Bank Ink IPOs Totaling $107M

    Chinese courier service BingEx Ltd. and online bank Chain Bridge Bancorp Inc. began trading Friday after pricing initial public offerings that raised a combined $107 million, guided primarily by four firms, and extending a busy autumn for IPOs.

  • October 04, 2024

    SPAC Scraps $238M Merger Plan With Debt Servicer

    Special purpose acquisition company Everest Consolidator Acquisition Corp. has canceled its merger plans with consumer debt service Unifund Financial Technologies, saying there were breaches in the merger agreement that made closing impossible.

  • October 04, 2024

    Mayer Brown Gains NY Corporate Atty From Freshfields

    Mayer Brown LLP announced this week that its corporate and securities group has added a New York-based attorney from Freshfields.

  • October 04, 2024

    Massumi & Consoli Adds Ex-Morgan Lewis Attorney In DC

    An attorney with more than two decades of experience representing clients in transactions in the healthcare industry moved her practice this week to Massumi & Consoli's Washington, D.C., office after more than 13 years with Morgan Lewis & Bockius LLP.

  • October 04, 2024

    IBM Plans To Quit London Market To Focus On NY Listing

    Technology giant IBM said on Friday that it intends to exit the London Stock Exchange, to concentrate its trading in the U.S. and streamline its administration.

  • October 03, 2024

    Swizz Beatz Received Millions From 1MDB Scheme, Suit Says

    Hip-hop producer and rapper Kasseem Dean, known professionally as Swizz Beatz, received $7.3 million in funds that were stolen from Malaysia residents in the multibillion-dollar 1 Malaysia Development Berhad fraud, a lawsuit filed in New York federal court alleges.

Expert Analysis

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • Key Takeaways From 2024 Accountants' Liability Conference

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    At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • A Look At US-EU Consumer Finance Talks' Slow First Steps

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    The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Series

    In The CFPB Playbook: Regulatory Aims Get High Court Assist

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    Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.

  • Opinion

    Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill

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    After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.

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