Securities

  • September 24, 2025

    Del. Justices Uphold $10.5B Zendesk Take-Private Deal

    Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case In two sentences issued two weeks after appeal arguments,

  • September 23, 2025

    Banks Urge SEC To Hold Crypto Custody To Same Standards

    Financial services trade groups have cautioned the U.S. Securities and Exchange Commission against broadly permitting investment advisers and state-chartered trust companies to safeguard customer's cryptocurrency assets, urging the agency to maintain equal standards for all financial custodians amid planned crypto rulemaking.

  • September 23, 2025

    RadioShack Reboot Plan Morphed Into $112M Scam, SEC Says

    The U.S. Securities and Exchange Commission sued three former Retail Ecommerce Ventures LLC executives in Florida federal court Tuesday, alleging they raised $112 million through fraudulent securities offerings that operated as a Ponzi-like scheme that promised bogus 25% annual returns to revitalize popular REV brands including RadioShack and Pier 1 Imports.

  • September 23, 2025

    CFTC Seeks Feedback On The Use Of Crypto Collateral

    The U.S. Commodity Futures Trading Commission launched an initiative on Tuesday to enable the use of certain crypto assets as collateral in derivatives markets, soliciting industry suggestions on potential pilot programs, amendments to regulations and relevant issues.

  • September 23, 2025

    Laser Co. Mynaric Investors Get Final OK For $300K Deal

    Investors in laser communication company Mynaric AG have gotten a final nod for their $300,000 deal ending proposed class action claims the company covered up production delays despite allegedly knowing its revenue growth would later take a hit as a result.

  • September 23, 2025

    SEC Accuses Russian Man Of Hacking Pump & Dump Scheme

    The U.S. Securities and Exchange Commission hit a Russian national with a civil suit Monday, accusing him of hijacking hundreds of individual consumer brokerage accounts to run a $31 million pump-and-dump scheme with low-volume stocks and options.

  • September 23, 2025

    Hedge Funds Call For CFTC To End Dual Registration

    A group representing the hedge fund industry is calling on the U.S. Commodity Futures Trading Commission to drop the need for industry participants to submit to agency oversight in cases where fund managers are already registered with the U.S. Securities and Exchange Commission, calling the dual registration requirement "costly" and "inefficient."

  • September 23, 2025

    Stem Cell Co. Beats Investor Suit Over Failed Janssen Collab

    Biopharmaceutical company Fate Therapeutics Inc. has shed a proposed investor class action alleging it concealed manufacturing challenges, precipitating the blowup of a potentially lucrative partnership, after a San Diego federal judge found its investors failed to show how their losses were caused by the company's alleged misstatements.

  • September 23, 2025

    Tether Objects To 'Unsound' Class Bid In Crypto Rigging Suit

    Tether, Bitfinex and others have urged a New York federal judge not to grant certification to a class of investors accusing the digital asset companies of rigging the cryptocurrency market, arguing that the investors' expert presented an "unsound and unreliable" methodology for determining common impact, among other things.

  • September 23, 2025

    Jenzabar Investor Faces Multiple Suit Challenges In Del.

    A Delaware vice chancellor pressed an attorney for a trust stockholder of educational software company Jenzabar Inc. Tuesday to explain how another state's court empowered it with standing to bring derivative claims against a Delaware chartered company.

  • September 23, 2025

    Cybersecurity Co.'s Projections Were Inflated, Investor Says

    Cybersecurity company Fortinet was hit with a proposed securities class action accusing it of overstating an expected revenue boost related to customer software upgrades, saying its executives knew the projections were unrealistic.

  • September 23, 2025

    Axsome Settles Investors' Drug Approval Suit For $7.8M

    Biopharmaceutical company Axsome Therapeutics Inc. and its shareholders have asked a New York federal court to approve a $7.75 million settlement to resolve investors' claims that Axsome hid issues related to gaining regulatory approval for its migraine drug.

  • September 23, 2025

    Chair Of Puerto Rican Bank Pleads Guilty To $13.6M Fraud

    The chairman of the board of Puerto Rico-based Nodus International Bank has pled guilty to leading a scheme through which he and the bank's former CEO stole more than $13.6 million from Nodus and used it for their own benefit.

  • September 23, 2025

    Insurer Needn't Cover $3.3M Securities Scam Settlements

    An insurer for a securities broker-dealer does not owe coverage for $3.3 million the company paid to settle claims that an employee defrauded clients, a New York federal court ruled Tuesday, finding that the settlements are not a direct loss covered under the company's policy.

  • September 23, 2025

    FTX Trust Seeks $1B From Crypto Miner Genesis Digital

    The recovery trust created under FTX's Chapter 11 plan has filed a lawsuit in Delaware bankruptcy court that aims to claw back more than $1 billion that FTX's founder invested in Genesis Digital Assets Ltd., accusing the bitcoin mining firm of overinflating its value and projections to secure the funds.

  • September 23, 2025

    DOL Greenlights Guaranteed Income Investments In 401(k)s

    The U.S. Department of Labor's employee benefits arm issued guidance Tuesday making clear that employers can offer lifetime income insurance products as a default investment in 401(k) plans, responding to an executive order by President Donald Trump calling for expanded access to nontraditional retirement plan assets.

  • September 23, 2025

    Privy Council Backs Undoing Fund's $230M Madoff Claim Sale

    The top appeals court for U.K. overseas territories has endorsed a successful U.S. appeal brought by the liquidator of an overseas Bernard L. Madoff feeder fund to undo its allegedly imprudent sale of its $230 million claim against the Ponzi schemer's defunct firm to a hedge fund.

  • September 22, 2025

    Ex-Joseph Gunnar Broker Cops To $1M Insider Trading Scheme

    A former Joseph Gunnar & Co. broker Monday admitted to his role in what prosecutors say was a scheme to use confidential information about upcoming secondary stock offerings to make over $1 million in illicit profits.

  • September 22, 2025

    SEC Sues NC Man For 'Free-Riding' Securities Scheme

    A North Carolina man faces U.S. Securities and Exchange Commission allegations that he systematically gamed certain broker-dealers to engage in a so-called free-riding scheme that enabled him to trade nearly $900,000 worth of securities despite not actually possessing the funds to do so.

  • September 22, 2025

    Judge Blocks New Claims In BNY Mellon Self-Dealing Suit

    A pair of investors with the Bank of New York Mellon can't use an amended complaint to raise a relatively new theory of liability against the bank nearly five years after filing their original suit, a Pennsylvania federal judge ruled Monday.

  • September 22, 2025

    UK, US To Collaborate On Capital Markets, Crypto Policy

    The U.S. Department of the Treasury and the United Kingdom's financial ministry on Monday announced the formation of a joint taskforce to explore ways to collaborate on digital asset policy and "improve links" between the two countries' capital markets.

  • September 22, 2025

    Robbins Geller To Steer Ford Investors' Warranty Costs Suit

    Robbins Geller Rudman & Dowd LLP was selected on Monday to lead a consolidated putative class action accusing Ford Motor Co. and its executives of concealing rising warranty costs that later caused an 18% stock price decline.

  • September 22, 2025

    Adult Club Owner, Charged With Fraud, Facing Securities Suit

    An RCI Hospitality Holdings investor hit the adult entertainment club operator and two executives with a proposed securities class action in Texas federal court on Sunday, alleging that they hid a multiyear tax fraud and bribery scheme that was recently unveiled in sprawling New York indictments and purportedly caused RCI's stock to plummet.

  • September 22, 2025

    Fifth Third Can Keep $30M In Escrow Fight, Judge Rules

    A New York federal judge has sided with Fifth Third Bank in a $30 million escrow fight, finding its claim notice over alleged "platform fee" violations was timely and valid, in a ruling that will require the suing private equity seller to return $10 million that was already released.

  • September 22, 2025

    National Instruments Investors Granted Class Cert.

    A New York federal judge has certified a class of investors who sold National Instruments Corp. stock during two windows in 2022 while the company was repurchasing shares and considering an acquisition offer, finding that reliance can be presumed and damages can be measured on a class-wide basis, among other things.

Expert Analysis

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Courts Keep Upping Standing Ante In ERISA Healthcare Suits

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    As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

  • Rare Del. Oversight Ruling Sends Governance Wake-Up Call

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    An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Targeting Execs Could Hurt SEC's Probusiness Goals

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    While many enforcement changes under the Trump administration’s U.S. Securities and Exchange Commission have been touted by commission leadership as proinnovation and probusiness, a planned focus on holding individual directors and officers responsible for wrongdoing may have the opposite effect, say attorneys at MoFo.

  • Key Points From DOJ's New DeFi Enforcement Outline

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    Recent remarks by the U.S. Department of Justice's Criminal Division head Matthew Galeotti reveal several issues that the decentralized finance industry should address in order to minimize risk, including developers' role in evaluating protocols and the importance of illicit finance risk assessments, says Drew Rolle at Alston & Bird.

  • Atkins-Led SEC Continues Focus On Private Funds

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    Since the change in administration, there has overall been a more accommodative regulatory stance toward private funds, but a recent enforcement action suggests that the U.S. Securities and Exchange Commission is not backing off from enforcement in the space completely, say attorneys at Simpson Thacher.

  • 9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks

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    Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Notable Developments At The NAIC Summer Meeting

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    Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer meeting last month, including developments on risk-based capital requirements and the evolving use of artificial intelligence in insurance practices.

  • A Reminder Of The Limits Of The SEC's Crypto Thaw

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    As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.

  • Genius Act Poses Strategic Hurdles For Community Banks

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    ​​​​​​​The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Rebutting Price Impact In Securities Class Actions

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    Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

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