Capital Markets

  • October 30, 2024

    3 Firms Vie To Lead Starbucks 'Reinvention' Plan Investor Suit

    Robbins Geller Rudman & Dowd LLP, Levi & Korsinsky LLP and The Rosen Law Firm PA launched competing bids seeking to lead a proposed investor class action alleging Starbucks misled the markets about prospects for its reinvention strategy, causing share prices to drop when it announced disappointing quarterly results in April.

  • October 30, 2024

    Mass. AG Seeks To Bar 'NYSE' Crypto Trading Scheme

    The Massachusetts attorney general has filed a complaint attempting to shut down a cryptocurrency investment scheme that allegedly uses the acronym of the New York Stock Exchange to dupe its victims.

  • October 30, 2024

    Crypto Platform Founder Pleads Guilty To Illegal Wash Trading

    The founder of cryptocurrency market-making platform MyTrade pled guilty in Massachusetts federal court Wednesday to orchestrating millions of dollars worth of daily wash trades to illegally inflate the prices of digital tokens.

  • October 30, 2024

    Siemens Makes $10.6B AI Push With Altair Engineering Buy

    German tech conglomerate Siemens AG has agreed to acquire software company Altair Engineering Inc. for approximately $10.6 billion, in a deal that seeks to bolster its artificial intelligence-powered design and simulation portfolio, the companies said Wednesday.

  • October 30, 2024

    FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison

    A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.

  • October 30, 2024

    AI-Focused SPAC Joins Pipeline With $200M IPO Filing

    Archimedes Tech SPAC Partners II Co., a special purpose acquisition company targeting the artificial intelligence industry, filed plans on Wednesday for an estimated $200 million initial public offering, while another SPAC, energy-transition focused Tavia Acquisition Corp., downsized plans.

  • October 30, 2024

    MVP: Wachtell's Emily D. Johnson

    Emily Johnson of Wachtell Lipton Rosen & Katz's capital markets practice led the financing for Diamondback Energy Inc.'s $26 billion acquisition of Endeavor Energy Resources LP, and steered the financing structure of Hewlett Packard Enterprise's transformational $14 billion all-cash purchase of Juniper Networks, earning her a spot as one of the 2024 Law360 Capital Markets MVPs.

  • October 29, 2024

    'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says

    A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.

  • October 29, 2024

    Alameda Research Wants Crypto Exchange To Return $50M

    Alameda Research, the crypto trading affiliate of the bankrupt FTX digital asset empire, has sued the operators of KuCoin cryptocurrency exchange in Delaware bankruptcy court seeking the return of $50 million of assets that continue to be held on the platform despite the debtors' requests.

  • October 29, 2024

    NFT Platform OpenSea Taps Consensys Atty To Be Deputy GC

    Blockchain software developer Consensys' head of litigation has departed the firm amid its fight with the U.S. Securities and Exchange Commission to step into a deputy general counsel role at OpenSea, another crypto firm facing scrutiny from the securities regulator.

  • October 29, 2024

    Lovesac To Pay SEC $1.5M Fine In Accounting Fraud Case

    Beanbag chair maker Lovesac has agreed to pay $1.5 million to the U.S. Securities and Exchange Commission to settle allegations that some of the company's former executives conspired to cover up an accounting debacle over how it recorded what's known as last-mile shipping costs.

  • October 29, 2024

    Yieldstreet Investors' $9M Deal Over Risky Offerings OK'd

    A New York federal judge has given his preliminary blessing to a settlement worth up to $9 million resolving a class action by Yieldstreet investors who accused the online platform of offering "riskier-than-junk-bond investments" to the public that caused the plaintiffs to lose millions of dollars in defaulted loans.

  • October 29, 2024

    Crypto Co. Consensys CEO Slams SEC In Announcing Layoffs

    Blockchain software firm Consensys on Tuesday announced a round of layoffs affecting 20% of its staff that it says was driven in part by a costly legal battle with the U.S. Securities and Exchange Commission, but a spokesperson confirmed to Law360 that the firm's legal department wasn't part of the reduction.

  • October 29, 2024

    Biopharma Co. Escapes Investor Suit Over Drug Approval Lies

    Biopharmaceutical company Spero Therapeutics Inc. has escaped a proposed investor class action accusing it of concealing warning signs that it would not secure regulatory approval of one of its drugs, with the court ruling that Spero's interactions with the U.S. Food and Drug Administration do not indicate Spero should have known its application would be rejected.

  • October 29, 2024

    2nd Circ. Revives Investor Suit Against Chinese News App

    The Second Circuit has revived a securities class action alleging that Chinese news aggregation app Qutoutiao hid changes in its advertising policies that allegedly spurred fraudulent advertisements on the app and eventually caused its share price to decline, finding that the lower court erred in determining that the suit's claims sound in fraud.

  • October 29, 2024

    Cash-Strapped Boeing Prices Upsized $21B Share Sale

    Boeing said Tuesday it had priced an upsized sale of common and depositary shares to raise more than $21 billion, in an offering guided by Kirkland & Ellis LLP and Davis Polk & Wardwell LLP that would bolster the plane maker's cash balances amid a protracted strike.

  • October 29, 2024

    MoFo Adds Kirkland Capital Markets Ace In San Diego

    Morrison Foerster LLP is boosting its transactions team, announcing Tuesday that it is bringing in a Kirkland & Ellis LLP capital markets pro as a partner in its San Diego office as part of the firm's plan to increase high-level talent on the West Coast.

  • October 29, 2024

    Oil Trader's Brother Gets Probation, Fine For Brazilian Bribes

    An ailing Connecticut man who admitted to helping his brother pull off a scheme to bribe officials at Brazil's state-owned oil company has been sentenced to probation, a fine and asset forfeiture, federal court records showed Tuesday.

  • October 29, 2024

    Financial Firm Gets $1.4M Placeholder Against Adviser

    A Connecticut state court judge has granted a financial firm's bid for a nearly $1.4 million placeholder against an exiting financial adviser during ongoing FINRA arbitration, reasoning the firm has shown a likely chance of proving the adviser siphoned customers during a transition to a new broker-dealer.

  • October 29, 2024

    M&A Rebounded As Equity Issuance, IPOs Faltered In Q3

    The number of global M&A deal announcements increased for the second consecutive quarter in the third quarter, but global equity issuance and IPO activity slowed, according to a Tuesday report from S&P Global Market Intelligence.

  • October 29, 2024

    Crescent Inks Oncology Merger With $200M In Private Funding

    Crescent Biopharma Inc. has agreed to take fellow cancer-focused biotech GlycoMimetics Inc. private in a deal that includes $200 million of investments from well over a dozen firms to help fund the combined company's operations through 2027, GlycoMimetics revealed Tuesday.

  • October 29, 2024

    MVP: Davis Polk's Derek Dostal

    Derek Dostal of Davis Polk & Wardwell LLP led the team representing underwriters in chip designer Arm Ltd.'s $4.9 billion initial public offering and advised placement agents in connection to the upsized private investment in public equity related to Lionsgate's $4.6 billion SPAC merger, earning him a spot as one of the 2024 Law360 Capital Markets MVPs.

  • October 28, 2024

    JPMorgan CEO Says Banks Must 'Fight Back' As Regs Mount

    JPMorgan Chase & Co. CEO Jamie Dimon said Monday that it's time for the banking industry to "fight back" against aggressive federal regulators, criticizing what he described as an "onslaught" of unnecessary, overly harsh rulemaking.

  • October 28, 2024

    Crypto Co. Operator Faces Money Laundering, Tax Charges

    Federal prosecutors accused an Indiana property owner of laundering the proceeds of a crypto money transmitter — AurumXchange — that they say should have been licensed and of failing to file tax returns despite realizing six figure gains from investing the proceeds.

  • October 28, 2024

    Masimo Sues Founder Over Alleged 'Empty Voting' Scheme

    Masimo Corp. has sued its founder for allegedly conspiring with an investment firm and company stockholder to manipulate a shareholder vote in order to maintain his seat on the medical technology company's board of directors.

Expert Analysis

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • What FDIC Expansion Of Change In Bank Control Could Mean

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    A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.

  • Can SEC's Consolidated Audit Trail Survive Post-Chevron?

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    The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.

  • What's Inside Feds' Latest Bank Merger Review Proposals

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    Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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