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Capital Markets
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March 31, 2025
Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims
A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.
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March 31, 2025
Primerica Can't Force Arbitration In $1.4M Theft Suit
Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
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March 31, 2025
Luxembourg Fund Claims Fla. Entreprenuer Owes $40M Loan
A Luxembourg investment fund has sued a Florida entrepreneur in federal court for allegedly misrepresenting the financial condition of his businesses in order to secure three loans, saying he now owes more than $40 million that he has also failed to pay back.
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March 31, 2025
SEC Closed Inquiry Into Hawk Meme Coin, Promoter Says
The U.S. Securities and Exchange Commission has closed an investigation into the celebrity promoter of the viral "Hawk Tuah" meme coin Haliey Welch, Welch's attorney told Law360 on Monday.
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March 31, 2025
Kalshi Sues Nevada, New Jersey Gaming Regulators
KalshiEx LLC has sued Nevada and New Jersey agencies for attempting to preempt federal regulations with their demands that the trading platform remove event contracts that allow users to trade on the outcomes of sporting events.
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March 31, 2025
Ex-SEC Chair's Enforcement Counsel Joins Kostelanetz
The former enforcement officer to the recently departed U.S. Securities and Exchange Commission Chair Gary Gensler has joined Kostelanetz LLP in New York as partner, the firm announced Monday.
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March 31, 2025
'Let's Go Brandon' Coin Buyers Class Partially Certified
A Florida federal judge partially certified a class of purchasers of meme-inspired cryptocurrency LGBCoin in a suit alleging the price of the tokens cratered after its much-hyped plan to sponsor the coin's eponymous NASCAR driver fell apart.
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March 28, 2025
Trump Pardons BitMEX Crypto Co., Four Ex-Executives
President Donald Trump has pardoned the business entity behind cryptocurrency exchange BitMEX and four of the firm's former executives years after they copped to Bank Secrecy Act violations and lax anti-money laundering controls, the White House confirmed Friday.
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March 28, 2025
Bitcoin Mining Insurance Co. Sued In Del. For $32M Breach
A financial products and services venture sued individuals and companies behind a purported bitcoin mining "total protection" insurance plan in Delaware's Court of Chancery Friday, alleging failures to honor commitments to pay out up to $32.7 million in customer returns on nearly $7 million in investments.
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March 28, 2025
AI Startup CoreWeave's Tepid Debut Chills IPO Enthusiasm
Artificial intelligence startup CoreWeave Inc.'s skittish debut following a scaled-down initial public offering chills recovery hopes for an IPO market that was already wobbly, though experts say viable candidates are waiting to strike if conditions stabilize.
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March 28, 2025
Galaxy To Pay $200M In NY Deal Over Terraform Fallout
Crypto institutional investment and trading firm Galaxy Digital agreed to a $200 million settlement with the New York attorney general over allegations it failed to disclose its sales of a Terraform ecosystem token while it widely promoted the asset prior to its collapse.
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March 28, 2025
Crypto Firm Wants To Trim Marketer's $3.6M Contract Suit
A cryptocurrency company says a Florida marketing business's $3.6 million breach of contract lawsuit must be trimmed because the presence of an express agreement means two contract-related claims automatically fail under Connecticut law.
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March 28, 2025
SEC Dismisses Kraken, Consensys, Cumberland Crypto Suits
The U.S. Securities and Exchange Commission filed to dismiss crypto-focused enforcement actions against Kraken, Consensys and Cumberland DRW, solidifying a series of resolutions the firms announced earlier this month as the SEC charts a new path on crypto policy.
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March 28, 2025
FTX Sitting On $11.4B In Cash To Distribute To Creditors
FTX has $11.4 billion in funds ready to be handed out to creditors, but it still has much work to do to sort out the massive number of claims asserted against the collapsed cryptocurrency exchange, an attorney for the company told a Delaware bankruptcy judge Friday.
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March 28, 2025
DXC Technology Dodges Investor Suit Over Integration Issues
A Virginia federal judge has tossed an investor suit alleging that DXC Technology Co. and its top brass overhyped efforts to reduce restructuring and integration costs after acquiring several companies, finding that the plaintiffs failed to adequately allege any actionable false statements or knowledge of wrongdoing by the individual defendants.
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March 28, 2025
PE Firm Peppertree Wins $354M Award In Telecom Deal Row
An international arbitration panel has awarded $354 million to affiliates of private equity firm Peppertree Capital Management Inc. against the majority shareholders of a Latin American telecommunications tower operator, in a dispute stemming from an attempted sale of the company.
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March 28, 2025
Equity Markets Falter In Q1 As Investor Enthusiasm Dips
Global equity capital markets have started 2025 with a whimper, as rising geopolitical tensions and unexpected policy directions from the Trump administration have significantly cooled investor enthusiasm, according to a new report from data firm Dealogic.
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March 28, 2025
DOGE Officials Arrive At SEC With Unclear Agenda
Staffers with Elon Musk's Department of Government Efficiency have made the U.S. Securities and Exchange Commission the latest target of their cost-cutting measures, as the agency confirmed Friday that it has begun onboarding DOGE staff.
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March 27, 2025
Nikola Corp. Founder Says Trump Gave Him Full Pardon
President Donald Trump has pardoned Trevor Milton, the Nikola Corp. founder convicted of fraudulently inflating the electric-truck maker's value on Wall Street, Milton announced in a late Thursday post on X.
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March 27, 2025
Fenwick-Led AI Startup CoreWeave Prices Reduced $1.5B IPO
Artificial intelligence-focused startup CoreWeave Inc. on Thursday priced a downsized $1.5 billion initial public offering, represented by Fenwick & West LLP and underwriters' counsel Latham & Watkins LLP, well below its marketed range.
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March 27, 2025
SEC Liquidity Rule Suit Can't Be Axed Just Yet, Judge Says
A New York federal judge on Thursday refused to toss the U.S. Securities and Exchange Commission's suit alleging that Pinnacle Advisors LLC exceeded its allowed allotment of illiquid investments, as the intervening Loper Bright ruling has changed the standard for evaluating agency action since the dismissal bid was filed.
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March 27, 2025
Chinese Fintech Investors Urge NJ Court To Keep Suit Alive
Investors in Chinese fintech company 9F Inc. urged a New Jersey federal judge to keep their securities class action alive on Thursday, arguing that their third amended complaint now includes the specific details the court previously said would make their securities fraud claims viable.
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March 27, 2025
Crypto YouTuber Should Face Logan Paul's Suit, Judge Says
A Texas magistrate judge said media personality Logan Paul should be able to pursue his defamation claims against the YouTuber who called Logan's failed cryptocurrency project a "scam," given that the YouTuber presented the allegations as more fact than opinion.
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March 27, 2025
Upstart Investors Land Class Cert. In Insider Selling Suit
Shareholders who allege that tech-based lender Upstart and its executives participated in a $2.7 billion insider stock selling scheme can now proceed with their claims as a class, an Ohio federal judge determined on Thursday.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.