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Securities
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March 06, 2025
Crypto Cos. Want Justices To Settle Venue Statute Circuit Split
A Binance-branded U.S. exchange and affiliated crypto data site CoinMarketCap have asked the U.S. Supreme Court to settle what they call a circuit split over whether a trader must show the firms had contacts in their state, or if ties to the country as a whole are enough to press a manipulation claim under the Commodity Exchange Act.
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March 06, 2025
High Court Urged To Toss $22M SEC Disgorgement Order
An investment advisory firm has asked the U.S. Supreme Court to review a First Circuit ruling that upheld an order for the firm to pay $22 million in disgorgement to the U.S. Securities and Exchange Commission, arguing that courts cannot impose disgorgement when investors have not suffered any financial harm.
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March 06, 2025
Fla. Court Told Cannabis Biz Investor Agreed Not To Sue
The CEO of an Arizona-based cannabis business on Thursday urged a Florida federal court to toss a securities fraud lawsuit brought by an investor alleging an undisclosed $13 million tax liability, saying the investor agreed not to bring claims based on whether critical nonpublic information may have been withheld.
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March 06, 2025
Coinbase Investors Ask Court To Lead Direct Listing Suit
Two new contenders have filed to lead a shareholder class action over crypto exchange Coinbase's direct listing hours after its original lead plaintiff dropped out following the Ninth Circuit's dismissal of a similar case brought against Slack Technologies.
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March 06, 2025
Del. Corporate Law Rework Under Pressure At Tulane
An attorney whose firm largely represents investors and consumers told a corporate law conference in New Orleans on Thursday that the list of plaintiff-friendly rulings that would be effectively overturned by a pending corporation law bill in Delaware "will probably be just as long as the bill itself."
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March 06, 2025
E.L.F. Beauty Hit With Investor Suit After Muddy Waters Report
Cosmetics giant e.l.f. Beauty's shareholders filed a proposed class action in California federal court on Thursday, accusing the company of overstating its revenue while hiding growing inventory issues due to inadequate sales — troubles that investment research firm Muddy Waters revealed in a November report that caused share prices to plunge.
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March 06, 2025
As FDIC Walks Back Biden-Era Policies, Bank Groups Applaud
The financial services industry has welcomed the Federal Deposit Insurance Corp.'s recent moves withdrawing various rule proposals from the Biden administration, delaying the compliance deadline for another measure and proposing to rescind a policy statement on bank mergers.
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March 06, 2025
Trump's FCPA Freeze Puts Coal Exec Bribery Case On Hold
A coal company executive who was set to go to trial next month on bribery and money laundering charges had his case paused by a Pennsylvania federal judge Thursday, after President Donald Trump signed an executive order in February that froze enforcement of the Foreign Corrupt Practices Act.
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March 06, 2025
NJ Judge Open To FCPA Trial Delay, But Unsure How Long
A federal judge said Thursday that he is inclined to allow the new Trump-appointed U.S. attorney for New Jersey some time to review the long-running criminal case against two ex-Cognizant Technology Solutions Corp. executives before going to trial, but ordered both sides to file detailed briefs by Monday to help him determine just how much time.
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March 06, 2025
Ex-Credit Suisse Banker Avoids Prison In 'Tuna Bond' Fraud
A Brooklyn federal judge spared a former Credit Suisse banker from prison time Thursday, after he pled guilty and became a testifying government cooperator over a plot to defraud investors in a $2 billion state-backed development initiative in Mozambique.
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March 06, 2025
NY Court Rejects Leon Black's Malicious Prosecution Suit
A New York appeals court on Thursday rejected a malicious prosecution suit brought by former Apollo Global Management CEO Leon Black against Wigdor LLP, which represented a woman in a failed lawsuit accusing him of sexual assault.
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March 06, 2025
Senate Panel Backs McKernan For CFPB, 3 Other Trump Picks
A U.S. Senate panel on Thursday advanced President Donald Trump's nomination of Jonathan McKernan to head the Consumer Financial Protection Bureau, setting him up for likely confirmation to the beleaguered agency.
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March 05, 2025
Wyo. Firm's 'Classic' Ponzi Scheme Made $92M, Investors Say
A group of would-be investors has filed suit against a purported investment management company and associated entities and individuals, alleging they were taken in by a "classic Ponzi scheme" that raked in at least $92 million from its victims.
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March 05, 2025
Coinbase Investor Drops Direct Listing Suit After Slack Ruling
A Coinbase investor Wednesday dropped a proposed class action accusing the cryptocurrency platform and its top brass of offering false and misleading materials that caused its stock price to plummet following the company's debut with an $86 billion valuation, after the Ninth Circuit tossed a similar case against Slack Technologies.
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March 05, 2025
NJ US Atty Says FCPA Case Delay Pauses Speedy Trial Clock
The adjournment of the government's Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives should stop the Speedy Trial Act clock because the case needs a "fulsome review" in light of the pause in FCPA enforcement, New Jersey's freshly minted top federal prosecutor told a judge Wednesday.
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March 05, 2025
Chancery Mulls Amicus Bid, TRO In Paramount Merger Battle
Backers of a $13.5 billion offer for Paramount Global asked Wednesday for clearance to chime in on a Delaware Chancery Court stockholder challenge to the company's proposed $8 billion, allegedly conflicted sale to Skydance Media, arguing that a board special committee never gave the higher bid proper consideration.
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March 05, 2025
US Looks For Pause In PetroSaudi $380M Seizure Suit
The United States has asked a California federal court to stay its suit to seize part of a $380 million arbitral award issued to a PetroSaudi unit, saying the civil case is up in the air because the oil producer's sole owner was convicted in August in Swiss criminal court.
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March 05, 2025
FINRA Fines NJ Firm, Suspends AML Compliance Officer
The Financial Industry Regulatory Authority has fined Network 1 Securities and suspended its anti-money laundering compliance officer over their alleged failure to design a reasonable compliance program to prevent money laundering.
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March 05, 2025
Feds Allege Vast Overseas Insider Trading Scheme
Two foreigners are facing criminal charges and civil securities fraud claims for allegedly masterminding a multinational, yearslong insider trading scheme that generated millions of dollars in illicit profits by trading on leaked information ahead of business developments.
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March 05, 2025
SEC Defends 'Follow-On' Action From Post-Jarkesy Challenge
The U.S. Securities and Exchange Commission is defending its ability to pursue industry bars in its administrative court, telling a Washington, D.C., federal judge that a recent U.S. Supreme Court decision limiting the use of in-house courts does not prevent the agency from booting a father and son duo from the investment advisory industry.
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March 05, 2025
SEC Asks To Toss Subpoena Suit Against Telehealth Co.
The U.S. Securities and Exchange Commission asked a New York federal judge Wednesday to dismiss its suit aimed at forcing a weight-loss-focused telehealth company to comply with a subpoena, saying the company has since provided the requested documents and otherwise complied with the subpoena.
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March 05, 2025
DOJ's Absence Felt At ABA Conference On White Collar Crime
Officials from the U.S. Department of Justice were conspicuously absent Wednesday from the American Bar Association's annual white collar crime conference, leaving organizers scrambling to fill empty panel seats and practitioners guessing as to what the Trump administration's enforcement priorities will be.
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March 05, 2025
Biotech Co. Maravai Hit With Investor's Internal Controls Suit
Health research tools company Maravai LifeSciences Holdings Inc. has been hit with a proposed shareholder class action alleging it failed to report that it had issues with its internal reporting controls ahead of its announcement that an inaccurate report led to the misallocation of $3.9 million.
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March 05, 2025
Del. Corporate Law Bill Poses 'Grave Risk,' Plaintiffs' Firms Say
Five of Delaware's most active corporate litigation plaintiffs' firms have branded pending legislation aimed at curbing stockholder suits as a "dangerous and radical" measure that attacks the state's courts and will put Delaware's nationally known incorporation franchise "at grave risk."
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March 04, 2025
Avalara Investor Asks 9th Circ. To Revive $8B PE Buyout Suit
An Avalara shareholder urged the Ninth Circuit on Tuesday to revive a proposed securities class action alleging the tax software company duped investors into approving a "deficient" $8.4 billion private equity buyout, arguing the trial court erred in finding Avalara's statements tied to "numerically specific metrics" weren't false or misleading.
Expert Analysis
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Takeaways From SEC's Registered Investment Cos. Risk Alert
The U.S. Securities and Exchange Commission's Division of Examinations' recent risk alert pertaining to registered investment companies provides a high-level overview of its risk-based approach to selecting RICs for examination — a potential hint that the division is investigating some of the covered topics, say attorneys at Simpson Thacher.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Best Practices To Find Del. Earnout Provisions That Hold Up
Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.
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Climate Disclosure Spotlight Shifts To 2 Calif. Laws
With Donald Trump's election spelling the all-but-certain demise of the proposed federal climate disclosure rules, new laws in California currently stand as the nation's only broadly applicable climate disclosure requirements — and their brevity is both a blessing and a curse, say attorneys at Davis Polk.
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What's Ahead As Transparency Act Comes To A Crossroads
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.