Securities

  • October 31, 2024

    Instacart Says Investors Based Pre-IPO Suit On Anecdotes

    Grocery delivery company Instacart has urged a California federal judge to toss a proposed class action suit claiming it misrepresented its growth potential in the lead-up to its initial public offering, saying investors are "attempting to conjure a securities fraud lawsuit out of thin air."

  • October 31, 2024

    2nd Circ. Draws BDO Back In Investor Suit In Revised Opinion

    The Second Circuit on Thursday reversed course in an amended opinion about an investor suit over financial restatements made by AmTrust Financial Services Inc., finding that auditor BDO USA LLP is not off the hook for certifying the insurer's financial statements.

  • October 31, 2024

    Ex-Citadel Reps Can't Escape Trade Secrets Suit

    A New York federal judge has greenlighted most claims in Citadel Securities' lawsuit accusing a Swiss cryptocurrency trading firm founded by two of its former employees of stealing its trade secrets, while tossing those asserted against the firm's French angel investor for lack of jurisdiction.

  • October 31, 2024

    Hinshaw Sees Fintech Pro Rejoin Firm From Ballard Spahr

    Hinshaw & Culbertson LLP on Thursday said a former partner has returned to the firm's consumer financial services practice in Los Angeles after two years at Ballard Spahr. 

  • October 31, 2024

    JPMorgan To Pay $151M To Resolve SEC Disclosure Claims

    The U.S. Securities and Exchange Commission announced Thursday that two JPMorgan Chase & Co. affiliates agreed to pay $151 million to resolve five separate enforcement actions over a number of allegations, including making misleading disclosures to investors and failing to make recommendations in the best interest of customers.

  • October 31, 2024

    Latham Hit With Sanctions In Banc Of California Securities Suit

    A California federal judge found Latham & Watkins LLP and its ex-client, former Banc of California CEO Steven A. Sugarman, in civil contempt for "flagrant violations" of a protective order covering discovery produced by investment firm Muddy Waters Capital in a securities fraud class action, according to an order unsealed this week.

  • October 31, 2024

    10 Firms Vie To Lead, Consolidate Super Micro Investor Suits

    Ten firms have submitted competing bids to lead and consolidate proposed class actions alleging that artificial intelligence server manufacturer Super Micro Computer Inc.'s shares fell roughly 20% after a short seller report accused it of violating its previous settlement with the U.S. Securities and Exchange Commission over accounting improprieties.

  • October 31, 2024

    NY Court Urged To Reject 'Audacious' Shareholder Test Cases

    Leading business groups have come to the aid of Bayer AG and Barclays PLC as the companies seek to fend off a pair of "audacious" test cases that have landed in New York's highest court, with the groups arguing that allowing the lawsuits to move forward would flood the state court with derivative lawsuits against foreign companies and overturn decades of precedent.

  • October 31, 2024

    CVS Unit Exec's Ex-Partner Charged With Insider Trading

    The former domestic partner of a top executive at Oak Street Health Inc., a primary care provider network owned by CVS Health Corp., was charged in Philadelphia federal court Thursday with insider trading on advance information about CVS' $10.6 billion deal to buy Oak Street in 2023.

  • October 31, 2024

    Crypto Lobby Says Members Spent $426M Fighting SEC

    The Blockchain Association, a cryptocurrency lobby, said in a report released Thursday that its members reported incurring $426 million in legal costs so far defending actions from the U.S. Securities and Exchange Commission.

  • October 31, 2024

    4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage

    A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.

  • October 31, 2024

    Masimo Sues Ex-CEO Over 'Unprecedented' $450M Demand

    Masimo Corp. has sued its founder in Delaware Chancery Court, seeking a declaration that a $450 million payout triggered in part by the founder's loss of control or his ouster as CEO and chairman is unenforceable, saying the amount is "unprecedented" and shouldn't be paid by shareholders who were simply exercising their voting rights.

  • October 31, 2024

    Instructure Sued In Del. For Books On $4.8B Take-Private Deal

    A stockholder of educational technology venture Instructure Holdings LLC has sued the company for records on its $4.8 billion take-private sale to Kohlberg Kravis Roberts & Co. LP, citing concern that Instructure's controller, Thoma Bravo, abandoned another prospect for its own benefit.

  • October 31, 2024

    Conn. Judge OKs $10.4M Remedy For Securities Fraud Appeal

    A Connecticut state judge has approved a nearly $10.4 million prejudgment remedy application protecting investment banking firm FIH LLC while two principals of a beleaguered capital firm appeal a securities fraud judgment that resulted from a bench trial.

  • October 31, 2024

    Mineral Co. Execs Allegedly Misled Investors On Gov't Contract

    Current and former directors and officers of minerals producer Compass Minerals International Inc. face a shareholder derivative action alleging they hid signs the company wouldn't be able to renew a lucrative supplier relationship with the U.S. Forest Service.

  • October 31, 2024

    AI Co. Fires CEO As BigLaw Counsel Probe Revenue Issues

    Security tech company Evolv Technology, which last week announced it had brought on Debevoise & Plimpton LLP and Cleary Gottlieb Steen & Hamilton LLP as part of an internal investigation into possible revenue inflation, said Wednesday it has ousted its CEO.

  • October 31, 2024

    Nixon Peabody Lands Norton Rose Real Estate Pros In LA

    Nixon Peabody LLP took another step this week to strengthen its affordable housing and real estate practice on the West Coast and beyond, bringing on a pair of real estate attorneys from Norton Rose Fulbright with six years of experience working together.

  • October 31, 2024

    Web Designer Who Built IcomTech Ponzi Site Gets 8 Years

    A Manhattan federal judge on Thursday hit a California website designer with eight years in prison for his role in building online properties that made it look as if the $58 million IcomTech cryptocurrency Ponzi scheme was legitimate.

  • October 31, 2024

    Holland & Knight Brings On Jones Day Tax Expert In Dallas

    In an effort to bolster its national corporate transactional and private equity practices, Holland & Knight LLP added an experienced attorney from Jones Day in Dallas to provide deal support to its clients.

  • October 31, 2024

    Chancery Upholds Low Appraisal Of Online Bookstore Co.

    Contract educational institution bookstore operator Akademos Inc. was fairly sold in December 2020 under terms that left common stockholders wiped out, a Delaware vice chancellor has ruled after a four-day trial that both appraised the company's stock and judged the deal's fairness.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    Meta Says CFPB Mulling Enforcement Action Over Advertising

    Meta, the parent company of Facebook and Instagram, said Thursday that it is facing a potential Consumer Financial Protection Bureau enforcement action following an agency probe into financial-related advertising on its platform.

  • October 30, 2024

    'Vague' Witness Sinks Green Materials Co. Investor Suit

    A California federal judge dismissed an investor suit Tuesday filed against a maker of sustainable materials alleging it failed to disclose a change in direction in its manufacturing plans and a delay in building a new plant, saying the suit relies heavily on statements of a confidential witness that are "fatally vague."

  • October 30, 2024

    Del. Justices Probe Implications Of Tripadvisor Nevada Move

    Delaware's justices closely questioned on Wednesday an attorney defending shopping and travel giant Tripadvisor Inc.'s bid to reincorporate in Nevada, pressing for frameworks that protect the interests of current stockholders as well as fiduciaries and investors seeking more business-friendly pastures.

Expert Analysis

  • $200M RTX Deal Underscores Need For M&A Due Diligence

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    RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.

  • Basel Endgame Rules: A Change Is Coming

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    The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.

  • What PCOAB's Broadened Liability Rule Means For Auditors

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    The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • SEC Settlement Holds Important Pay-To-Play Lessons

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    The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    FERC Penalty Adjudication Unconstitutional Under Jarkesy

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    The U.S. Supreme Court's holding in U.S. Securities and Exchange Commission v. Jarkesy that the SEC's use of in-house proceedings to adjudicate civil penalties is unconstitutional should equally apply to the Federal Energy Regulatory Commission's statutory penalty assessment schemes, say attorneys at Jenner & Block.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Integrating ESG Into Risk Management Programs

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    Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.

  • What The SEC Liquidity Risk Management Amendments Entail

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    Fund managers should be cognizant of the U.S. Security and Exchange Commission's recent changes to certain reporting requirements and guidance related to open-end fund liquidity risk management programs, and update their filing systems if need be, says Rachael Schwartz at Sullivan & Worcester.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • 5 Lessons From Consulting Firm's Successful DOJ Disclosure

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    The Boston Consulting Group recently received a rare declination of prosecution from the U.S. Department of Justice after self-disclosing a foreign bribery scheme, and the firm’s series of savvy steps after discovering the misconduct provides useful data points for white collar defense attorneys, says Jonathan Porter at Husch Blackwell.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • 7 Takeaways For Investment Advisers From FinCEN AML Rule

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    With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.

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