Securities

  • February 10, 2025

    Ex-SEC Atty's Bias Case Not Holding, Despite Deal Talks

    A Pennsylvania federal judge refused Friday to delay the upcoming trial in a lawsuit filed by a former U.S. Securities and Exchange Commission lawyer who sued the agency for racial and age discrimination, despite a letter to the court saying that the parties are making progress toward a settlement.

  • February 10, 2025

    2nd Circ. Backs UBS In Retaliation Case That Justices Revived

    A split Second Circuit panel sided Monday with UBS in a whistleblower case that a fired worker managed to get the U.S. Supreme Court to revive, ruling that the jury instructions that preceded the worker's trial court win were too unclear to let his victory stand.

  • February 10, 2025

    9th Circ. Tosses Slack Investor Suit After High Court Battle

    The Ninth Circuit on Monday released Slack Technologies Inc. from an investor dispute that was previously ruled on by the U.S. Supreme Court, with the circuit court going a step further than the high court in ruling that none of the suing investors' claims were salvageable due to the unique way that Slack went public. 

  • February 10, 2025

    'Stand Down': CFPB's Acting Chief Pulls Employees Off Job

    The Trump administration's acting Consumer Financial Protection Bureau Director Russell Vought told agency staff on Monday to "stand down" from doing any work, the latest in a series of rapid-fire moves that are sidelining the agency and prompting employees to sue.

  • February 09, 2025

    CFPB Suspends Activity, Closes HQ As New Chief Arrives

    The Trump administration escalated efforts over the weekend to power down the Consumer Financial Protection Bureau, canceling the agency's next funding draw, suspending its examination activity and ordering a closure of its main office.

  • February 07, 2025

    Chancery Tosses $3.4B Hertz Stock Warrant Redemption Suit

    Delaware's Court of Chancery dismissed a suit Friday filed by two Hertz institutional investors accusing the company of relying on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization, finding the plaintiffs' interpretation of the agreement leads to "absurd results."

  • February 07, 2025

    Maxeon Investors Push To Keep Exchange Act Suit Alive

    The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.

  • February 07, 2025

    SPAC Market Hums Again Following Multiyear Downturn

    Special purpose acquisition companies are once again asserting their presence in the capital markets and M&A landscape, forming new vehicles at the highest pace in three years — albeit in leaner form than in the last cycle, when many deals ended in busts.

  • February 07, 2025

    SafeMoon CEO Says Crypto Policy Shifts Warrant Trial Delay

    The crypto executive behind the alleged SafeMoon fraud is fighting to delay his trial by a month in the hopes that a new approach to cryptocurrency by the Trump administration could ax the securities fraud charge from the counts against him.

  • February 07, 2025

    Coinbase Can't Yet Escape Class Claims Over Crypto Sales

    Coinbase users can move forward with class claims that the cryptocurrency firm operated as an unregistered securities exchange after a New York federal judge ruled Friday that the Second Circuit prevented him from shuttering the case without first determining whether Coinbase was the seller of the tokens trading on its platform.

  • February 07, 2025

    Ex-Broker Seeks Court Win In Bid To Dismantle FINRA

    A former stockbroker who is fighting a lifetime industry ban has urged a North Carolina federal judge to grant him a win in his suit attempting to unravel the power of the Financial Industry Regulatory Authority, saying the organization is unconstitutionally structured because it deprives him of his right to a jury trial and due process, among other things.

  • February 07, 2025

    Del.'s Quiet Ambition To Tweak Chancery, Stem Feared DExit

    Anxious over claims that stockholder-tilted decisions by Delaware's Court of Chancery will trigger more companies to follow Tesla, SpaceX, Meta and Dropbox to other states, Delaware policymakers are taking a hard look at the venerable business court's processes, hoping to slow a feared rush to DExit.

  • February 07, 2025

    Wealth Firm Latest To Be Sued Over Cash Sweep Program

    Wealth management firm Osaic is the latest financial institution to face proposed class action claims over its alleged "dramatic underpayment" of interest to customers participating in its cash sweeps programs.

  • February 07, 2025

    Texas Judge Ends Fund's SEC Suit Over 'Fishing Expedition'

    A North Texas judge has tossed a South Carolina private equity fund's lawsuit accusing the U.S. Securities and Exchange Commission of an unconstitutional "fishing expedition" investigation, hours after the fund accused the commission of trying to gut it through a Florida lawsuit.

  • February 07, 2025

    Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line

    In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.

  • February 06, 2025

    Block's Dorsey, Others Face Derivative Suit Over AML Woes

    Officers and directors of Square and Cash App parent company Block Inc. face a shareholder derivative complaint over alleged anti-money laundering compliance failures weeks after the company reached an $80 million settlement of related claims with state banking regulators.

  • February 06, 2025

    SEC Assistant Chief Litigation Counsel Joins Carlton Fields

    An assistant chief litigation counsel for the U.S. Securities and Exchange Commission has left the agency to join Carlton Fields as a shareholder in the firm's securities litigation and enforcement practice in Washington, D.C., the firm announced Thursday.

  • February 06, 2025

    House GOP Floats Stablecoin Bill Amid Debanking Buzz

    House Financial Services lawmakers unveiled a discussion draft of a bill to regulate stablecoins Thursday evening, joining a separate effort introduced in the U.S. Senate earlier this week.

  • February 06, 2025

    SEC's Dealer Suit May Criminalize Major Investors, Funds Say

    The hedge fund industry has urged the Eighth Circuit on to overturn a U.S. Securities and Exchange Commission victory against a penny stock trader, arguing that the SEC's case threatens to "make a felon of every institutional investor" by declaring them unregistered securities dealers.

  • February 06, 2025

    SEC 'Exposes Lunacy' Through Its Dueling Suits, PE Firm Says

    A South Carolina private equity fund said Thursday the U.S. Securities and Exchange Commission is trying to gut it through a Florida lawsuit, telling a Texas judge the commission made "out of touch statements" on how the litigation will harm its business.

  • February 06, 2025

    DOJ To Weigh Criminal Action Against Cos. With DEI Policies

    The U.S. Department of Justice will consider bringing criminal and civil investigations against companies over their diversity, equity and inclusion policies, according to a new memorandum from Attorney General Pam Bondi.

  • February 06, 2025

    Earthlink Investors' Attys Score $28M In Merger Suit

    The attorneys who helped Earthlink investors score an $85 million settlement with the company after they said they were tricked into approving a $1.1 billion merger with a failing telecommunications company will be walking away with almost $28 million for their trouble.

  • February 06, 2025

    Northern Trust Corp. Sued In Del. For Alleged Fund Breaches

    The son of a now-deceased California businessman and philanthropist has sued in Delaware's Court of Chancery for the removal of an affiliate of Chicago-based Northern Trust Corp. as trustee for his father's family trust, alleging multiple breaches of fiduciary duty.

  • February 06, 2025

    No Bail For Ex-Federal Reserve Adviser In Espionage Case

    A former senior adviser to the Federal Reserve Board of Governors was ordered to be detained by a D.C. federal judge Wednesday at the request of prosecutors who warned that his significant ties to China put him at high risk of fleeing his charges of stealing classified information for that nation.

  • February 06, 2025

    GSK's Zantac Woes Gave Investors Heartburn, Suit Says

    The maker of heartburn and acid reflux relief tablet Zantac has been hit with a shareholder suit in Pennsylvania federal court alleging that the company suffered stock price losses after it was revealed that for nearly 40 years the company knew that Zantac contained high levels of a cancer-causing compound.

Expert Analysis

  • What's Ahead As Transparency Act Comes To A Crossroads

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    Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.

  • UBS Ruling Shows SDNY's Pro-Award Confirmation Stance

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    A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.

  • Where Payments Law And Regulation Are Headed In 2025

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    The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • 5 Evolving Concerns For Family Offices In 2025

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    Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 2024 Was A Banner Year For Shareholder Activism

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    Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Impact Of Successful Challenges To SEC's Rulemaking Ability

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    In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.

  • A Look At PCAOB's Record-Breaking Enforcement In 2024

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    The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

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    Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • Takeaways From SEC's Mixed Results In '24 Crypto Litigation

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    Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.

  • Predicting What's Next For SEC By Looking At Past Dissents

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    While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.

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