Securities

  • 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.

  • October 30, 2024

    CFTC's Mersinger Wants Cooperation, Self-Reporting Reforms

    The Commodity Futures Trading Commission should reform its process for crediting those who self-report, cooperate and remediate in connection to enforcement proceedings, one of the agency's commissioners said Wednesday.

  • October 30, 2024

    Binance Can't Force Canadian Class Action Into Arbitration

    A Canadian appeals court has affirmed that cryptocurrency exchange Binance cannot force a proposed class action accusing it of illegally trading and distributing securities into arbitration in Hong Kong, saying a lower court judge correctly found the arbitration clause to be unenforceable.

  • October 30, 2024

    Apparel Co.'s Crypto Allies Say SEC Suit Is Ripe For Court

    Cryptocurrency advocates have told a Texas federal judge that apparel company Beba and its crypto industry group backer have standing to preemptively sue the U.S. Securities and Exchange Commission, arguing that the regulator has created an impossible situation for crypto firms by bringing enforcement actions without setting clear rules for digital assets.

  • October 30, 2024

    Bernstein Litowitz, NYS Fund Rep CrowdStrike Investor Class

    Bernstein Litowitz Berger & Grossmann LLP will represent a putative class of CrowdStrike investors in litigation alleging the cybersecurity company mischaracterized the risk of seeing a major outage like the one it faced in July.

  • October 30, 2024

    Mortgage Co. Says Pension Fund Can't Jump In To Lead Suit

    Rocket Companies Inc. has told a Michigan federal judge to reject a renewed class certification bid in a shareholder suit accusing the mortgage business of concealing a downturn in loan volume, arguing that the pension fund trying to take over as lead plaintiff is inadequate to represent the proposed class, among other things.

  • October 30, 2024

    LA Times Owner Faces Investor Suit Over Drug Co.'s Woes

    Officers and directors of biotechnology company ImmunityBio Inc., including L.A. Times owner Patrick Soon-Shiong, face a shareholder's derivative complaint alleging the company concealed issues affecting a path to regulatory approval for one of its key product candidates.

  • October 30, 2024

    3 Firms Vie To Lead Starbucks 'Reinvention' Plan Investor Suit

    Robbins Geller Rudman & Dowd LLP, Levi & Korsinsky LLP and The Rosen Law Firm PA launched competing bids seeking to lead a proposed investor class action alleging Starbucks misled the markets about prospects for its reinvention strategy, causing share prices to drop when it announced disappointing quarterly results in April.

Expert Analysis

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • 5 Insights Into FDIC's Final Rule On Big-Bank Resolution Plans

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    Although the Federal Deposit Insurance Corp.'s recently finalized rule expanding resolution planning requirements for large banks was generally adopted as proposed, it includes key changes related to filing deadlines, review and feedback, and incorporates lessons learned — particularly from last year's bank failures, say attorneys at Cleary.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Series

    After Chevron: Don't Let Loper Lead To Bank Compliance Lull

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    Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • How 3 Recent High Court Rulings Could Shape Fintech Policy

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    The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.

  • 2nd Circ. Case Reinforces Need For Advance Notice Bylaws

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    The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.

  • What Cos. Should Note In DOJ's New Whistleblower Pilot

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    After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

  • Autonomy Execs' Acquittal Highlights Good Faith Instruction

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    The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • SolarWinds Ruling Offers Cyber Incident Response Takeaways

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    The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.

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