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Securities
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January 01, 2025
5 Big Questions For White Collar Enforcement In 2025
White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.
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January 01, 2025
What Banking Attorneys Are Watching In The Courts In 2025
Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap.
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January 01, 2025
'Profound Shift' Forecast For Crypto Enforcement In 2025
The crypto industry is heading into 2025 with hopes that new leadership at federal agencies under President-elect Donald Trump will ease off an enforcement agenda that has pressed issues of where regulatory authority lies and return to a focus on fraud, while federal appeals courts have a chance to establish keystone rulings for the sector.
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January 01, 2025
Crypto Heads Into 2025 Hoping Regulatory Clouds Will Clear
The digital asset industry may be on the verge of a political and regulatory landscape it has long sought as a crypto-friendly executive branch and Congress take their seats in the new year and potentially work to create favorable guardrails for crypto markets and stablecoins.
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January 01, 2025
On Tap In NY: Diddy, Trump And A New Manhattan Top Cop
The coming year's main event in New York courts is an expected sex-trafficking trial for hip-hop icon Sean "Diddy" Combs, while the political reascendancy of Donald Trump will echo in halls of the judiciary as the president-elect litigates to quash his own conviction.
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January 01, 2025
3 Areas Where SEC Enforcement May Change Under Trump
The leadership of the U.S. Securities and Exchange Commission is slated to change hands in three weeks when President-elect Donald Trump is inaugurated, and attorneys believe that a Republican-led SEC is likely to bring with it a downturn in crypto- and climate-related cases as well as a potential end to recordkeeping sweeps.
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January 01, 2025
The Hottest Topics Appellate Attys Are Tracking In 2025
Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.
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January 01, 2025
5 Banking Regulation Issues To Watch In 2025
The year ahead is poised to be an inflection point for banking regulation as the arrival of the second Trump administration sets the stage for further easing of plans for new capital rules, greater receptiveness to mergers, new fair access debates and more.
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January 02, 2025
D&O, Cyber Issues Top Specialty Line Cases To Watch In 2025
2025 promises to usher in significant developments in ongoing litigation fights over crucial specialty line insurance issues, including directors and officers and cyber risk policies. Here, Law360 speaks to experts for carriers and policyholders on the top cases to watch in the new year.
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January 01, 2025
Trump 2.0 Signals Shift Toward Capital Markets Deregulation
The arrival of a second Trump administration promising a business-friendly agenda, along with Republican majorities governing Congress and the U.S. Securities and Exchange Commission, signals a decisive shift toward deregulation that observers expect will broadly impact capital markets in 2025 and beyond.
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January 01, 2025
IPO Outlook Brightens As More Companies Eye 2025 Listings
Capital markets attorneys are preparing to advise more companies toward initial public offerings in 2025, given evidence that a rising number of candidates are joining the pipeline in expectation of a long-awaited resurgence in new listings. Here, Law360 looks at what deals attorneys and market participants expect.
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January 01, 2025
Trump's Regulatory Agenda Looms Over Compliance In 2025
The world of financial regulatory compliance will be keeping an eye on how Donald Trump's return to the White House will live up to his campaign promises of deregulation, new tariffs and more in the new year, while preparing for the end of various Biden administration priorities.
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January 01, 2025
California Cases To Watch In 2025
Legal experts following Golden State courts in 2025 are tracking high-stakes antitrust and personal injury cases against Big Tech companies along with NFL subscribers' $4.7 billion antitrust appeal, as well as IP litigation against artificial intelligence developers and precedent-setting cases that will likely clarify environmental laws and the repercussions of unpaid arbitrateon fees.
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January 01, 2025
DC Circuit Cases To Watch in 2025
The D.C. Circuit's 2025 docket is stacked with challenges to alleged misbehavior by federal regulatory agencies, with the behavior including the U.S. Commodity Futures Trading Commission's bid to ban wagering on elections and the Federal Trade Commission's efforts to crack down on Meta's privacy practices.
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December 23, 2024
Ex-Pharma Exec Charged With $38M Insider Trading Scheme
A former chief science officer of pharmaceutical company Humanigen faces charges in New Jersey federal court that he dumped shares of the company before it publicly announced its potential COVID-19 drug did not receive federal approval, according to an indictment unsealed Monday.
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December 23, 2024
Fugees Star Says He's Not Like Madoff As Sentencing Nears
Former Fugees rapper Prakazrel "Pras" Michel told a D.C. federal court that the U.S. government's bid to have him serve a life sentence for foreign influence schemes was "absurd," emphasizing that he, unlike infamous American financier Bernie Madoff, did not cause anyone to lose money.
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December 23, 2024
House Report Says Gaetz Paid For Sex, Accepted Gifts
Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.
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December 20, 2024
SEC's Dealer Rule Loss Is A Lesson To Regulators, Atty Says
A Sullivan & Cromwell LLP attorney who successfully litigated a crypto industry challenge to vacate a U.S. Securities and Exchange Commission rule expanding the definition of dealer said the Texas federal judge's decision is another block in the recent chain of court decisions warning federal agencies to refrain from stretching old statutory terms to reach new contexts that aren't clearly within their authority.
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December 20, 2024
TD Bank, Boeing And Medicare: Compliance Headlines In 2024
Corporate compliance lessons were never far from the headlines in 2024, as regulatory challenges and headaches facing industries ranging from healthcare to aerospace played front and center, including TD Bank's historic $3.1 billion money laundering settlement that federal prosecutors billed as one for the risk-management textbooks.
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December 20, 2024
Argentina Asks Justices To Review Bondholders' $310M Win
Argentina wants the U.S. Supreme Court to resolve a circuit split over what law applies when determining whether a country's assets are shielded from creditors under the Foreign Sovereign Immunities Act, saying its reversionary interests worth $310 million in collateral backing recently matured 1990s Brady bonds are immune.
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December 20, 2024
Binance Investors Seek To Update Suit After Federal Charges
A proposed class of Binance investors has asked a Florida federal judge to allow them to file a new complaint that drops some defendants and hones in on the crypto exchange and its former CEO in the wake of their historic settlement with U.S. authorities over alleged compliance failures.
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December 20, 2024
A Look Back At 2024's Major Securities Litigation Moments
The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.
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December 20, 2024
Suit Slams SEC's Use Of 'Career Death Penalty'
A father and son who settled allegations of defrauding investment advisory clients with the U.S. Securities and Exchange Commission are suing in D.C. federal court to block the agency from barring them from the securities industry, claiming that the administrative case is unconstitutional.
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December 20, 2024
Crypto Trading Co. To Pay SEC $123M Over Terraform Claims
The U.S. Securities and Exchange Commission announced Friday that it secured a $123 million settlement with a Jump Trading subsidiary for allegedly misleading investors about the stability of the now-collapsed Terraform ecosystem by effectively propping up the project's flagship token following a trading arrangement made while the token dipped in value.
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December 20, 2024
Wells Fargo, LPL Financial Fined $3.6M For Bad Trading Data
Wells Fargo Clearing Services LLC and LPL Financial LLC on Friday each agreed to pay separate $900,000 fines to the U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority to resolve claims they failed to provide complete and accurate securities trading information, known as blue sheet data.
Expert Analysis
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Parsing SEC's Emerging Trend Of Section 204A Enforcement
The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.
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SEC Rulemaking Radar: The View From Election Day
The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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A Look At Grewal's Record-Breaking Legacy After SEC Exit
Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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A Look At The Increased Scrutiny Of Cash Sweep Programs
Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Election Outcome Could Reshape Financial Industry
The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.