Securities

  • February 14, 2025

    Judge Slams The Brakes On Peloton Bike Recall Claims

    A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.

  • February 14, 2025

    Loper Bright Doesn't Sink ESG Rule, Texas Judge Says

    A Texas federal judge again upheld a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, ruling that the rule was still valid despite the U.S. Supreme Court doing away with a decades-long approach to interpreting statutes.

  • February 14, 2025

    CFTC Taps Ex-Whistleblower Chief As Enforcement Head

    The Commodity Futures Trading Commission's acting head announced the appointment of a new enforcement director, naming to the position a former federal prosecutor who recently was the agency's whistleblower chief.

  • February 14, 2025

    SEC Crypto Mining Case Paused After Feds Bring Charges

    A Texas federal judge paused the U.S. Securities and Exchange Commission's case against a crypto asset mining and hosting company after federal prosecutors filed their own suit against three of its executives for allegedly spending investor funds on themselves instead of the mining equipment they promised.

  • February 14, 2025

    4th Circ. To Hear Deloitte Appeal Of SCANA Class Cert. Ruling

    The Fourth Circuit has agreed to hear a case that could overturn the class status of SCANA Corp. investors accusing Deloitte of issuing misleading audit reports about the progress being made on a failed $9 billion nuclear energy project, saying it would hear arguments over whether a U.S. Supreme Court model on damages was properly applied to the class certification order.

  • February 14, 2025

    Chemical Co.'s Inventory Issues Led To Losses, Investor Says

    Agricultural sciences company FMC Corp. has been hit with a proposed shareholder class action in Pennsylvania federal court alleging it misled investors about its high inventory levels across its global channels, causing significant losses when its issues were revealed earlier this month.

  • February 14, 2025

    Digital Health Co. Beats Some Claims In SPAC Investor Suit

    A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.

  • February 14, 2025

    SmileDirectClub Trustee Gets OK To Hire Orrick

    The Chapter 7 trustee liquidating SmileDirectClub can hire Orrick Herrington & Sutcliffe LLP as special litigation counsel, a Texas bankruptcy judge said Friday, concluding that Orrick met U.S. Bankruptcy Code requirements, despite him not being notified earlier of Orrick's previous work for the trustee.

  • February 14, 2025

    Feds Say Las Vegas Man Ran $24M Cryptocurrency Ponzi Con

    A Las Vegas man who allegedly cheated hundreds of investors out of $24 million with promises that his cryptocurrency company used artificial intelligence and would pay returns of up to 30% has pleaded not guilty to fraud and money laundering charges.

  • February 14, 2025

    Solar Tech Co. SunPower Beats Investor Suit Over Defects

    A California federal court has permanently dismissed an investor's suit alleging solar power equipment company SunPower concealed product defects in order to maintain artificially high share prices, saying the investor has not established SunPower knew or could have known its statements were false when made.

  • February 14, 2025

    SEC Fines Adviser Firm, Ex-Rep Over Fiduciary Duty Claims

    The U.S. Securities and Exchange Commission entered into a $225,000 settlement with New York-based registered investment adviser One Oak Capital Management LLC and a former representative to resolve alleged misconduct related to advisory services provided to their retail clients.

  • February 14, 2025

    ​​​​​​​SEC Says Crypto Task Force Could Resolve Coinbase Case

    The U.S. Securities and Exchange Commission told the Second Circuit that its newly formed cryptocurrency task force effort may lead to a resolution in its enforcement case against Coinbase, warranting a brief delay to the regulator responding to the crypto exchange's bid for appellate review of whether securities laws apply to the transactions on its platform.

  • February 14, 2025

    Trump Aims To End Limits On President's Power To Fire

    President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.

  • February 14, 2025

    New Delisting Rules Shorten Leash For Distressed Companies

    Distressed companies should take heed of new stock exchange rules that are likely to accelerate delistings for stocks that trade below minimum requirements, particularly targeting businesses that rely on reverse stock splits to inflate their share prices, attorneys say.

  • February 14, 2025

    Some Discovery On Hold In Abbott Infant Formula Case

    An Illinois federal judge granted in part a request by Abbott Laboratories to pause a shareholder derivative suit over how it managed the 2022 infant formula crisis, allowing written discovery to go on while staying depositions until May.

  • February 14, 2025

    SEC Can't Nix Black Female Branch Chief's Race Bias Claim

    The U.S. Securities and Exchange Commission must face discrimination and retaliation claims by a Black female supervisor who alleged she was removed from her position after filing workplace complaints, after a D.C. federal judge on Thursday ruled the plaintiff identified other similarly situated managers who remained in their jobs despite documented misconduct. 

  • February 14, 2025

    'New Facts' Improper In Penny Stock Action, 2nd Circ. Told

    A Connecticut federal judge violated controlling case law and the constitutional rights of a penny stock CEO when imposing a judgment in a U.S. Securities & Exchange Commission enforcement action, defense counsel told the Second Circuit, arguing that the SEC admitted post-trial that it could not find any victims of the allegedly false public statements at issue.

  • February 14, 2025

    Fla. Crypto Operator Gets 2 Years In Prison For Wire Fraud

    A Florida federal judge sentenced a U.S. Air Force veteran and software developer to more than two years in prison on a wire fraud charge for soliciting more than $1 million from investors to pay for a cryptocurrency offering but using the funds to fuel a gambling addiction.

  • February 14, 2025

    1st Circ. Chides SEC, Judge In Atty Stock Scheme Case

    A split First Circuit has found that the U.S. Securities and Exchange Commission was trying to hedge its bets before it asked the panel to reverse a partial dismissal of an enforcement action against a former Connecticut attorney that the agency had itself requested, but also that a Massachusetts district judge had made a series of errors that warrant kicking the SEC's cases back to the lower court.

  • February 14, 2025

    Financial Services Atty Leaves MoFo For White & Case In NY

    White & Case LLP announced it has expanded its global debt finance practice, financial services regulatory practice and global financial institutions industry group with a former Morrison Foerster LLP partner.

  • February 14, 2025

    Judge Leaves Curbs On DOGE Treasury Access After Hearing

    A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.

  • February 13, 2025

    More CFPB Employees Axed As Union Presses For Injunction

    The Trump administration moved late Thursday to slash more of the Consumer Financial Protection Bureau's workforce, initiating another round of layoffs shortly after lawyers for the agency's union petitioned a D.C. federal court for an emergency injunction to prevent it.

  • February 13, 2025

    Wells Fargo Followed Seminoles' Orders For Trust, Jury Hears

    Wells Fargo told a Florida state jury Thursday its stewardship of a major trust for the Seminole tribe was sound, saying that the tribe asked for and received a "keep-it-safe trust" and there was no missing $800 million.

  • February 13, 2025

    9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech

    A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.

  • February 13, 2025

    SEC Nets $38M In Judgments Over Cannabis Fraud Claims

    A purported marijuana cultivation company and associated entities are on the hook for judgments worth nearly $38 million to settle U.S. Securities and Exchange Commission claims over an alleged Ponzi-like scheme soliciting would-be investors in "nonexistent" grow facilities.

Expert Analysis

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • A Look At Similarities Between SOX And SEC's Cyber Rule

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    Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.

  • Trump Rollback Of Biden Enviro Policies: What To Expect

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    Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • 5 Areas Congress May Investigate After GOP Election Wins

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    With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • Why K-Cup Claims Landed Keurig In Hot Water With SEC

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    The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Predicting Shareholder Activism Trends In New Trump Admin

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    While President-elect Donald Trump has promised tax policies, deregulation and lax antitrust enforcement — which all fuel shareholder activism — a closer look at his first administration's track record suggests that his second presidency might be a mixed bag for activist investors and companies alike, say attorneys at Sidley.

  • What Trump's 2nd Presidency Could Mean For Crypto Sector

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    Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    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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