Securities

  • January 07, 2025

    5 Argument Sessions Benefits Attys Should Check Out In Jan.

    The U.S. Supreme Court will hear from Cornell University workers looking to revive a retirement plan mismanagement suit and a former firefighter who says federal disability bias law protects post-employment benefits, while circuit courts will weigh gender-affirming care restrictions and a battle over pension annuity payments. Here, Law360 looks at five arguments that benefits attorneys ought to keep an eye on this month.

  • January 07, 2025

    PCAOB Drops Probe That Led To Constitutional Challenge

    One of the constitutional challenges facing the Public Company Accounting Oversight Board came to an end Tuesday after the board informed a Texas court that it would not pursue an enforcement action against the accounting firm at the center of the case.

  • January 07, 2025

    Biotech Co. Urges NC Panel To Revive Legal Malpractice Suit

    A biotech company that lost a $22 million libel suit brought by a pharmaceutical executive has asked a North Carolina appeals panel for another shot at legal malpractice claims against its former legal counsel, arguing that a savings provision expands the statute of repose for the voluntarily dismissed claim to be revived.

  • January 07, 2025

    MoviePass Parent Co. Ex-CEO Cops To Investor Fraud

    The former CEO of Helios & Matheson Analytics Inc., which owned a majority stake in the defunct discount unlimited movie ticketing service MoviePass, pled guilty Tuesday to making false statements about its business operations and inflating stock prices to attract investors.

  • January 07, 2025

    Grayscale Rival Insists Connecticut Law Allows $2M Suit

    Digital asset management firm Grayscale cannot duck a smaller rival's unfair trade practices suit based on its argument that the relevant Connecticut state law has a carveout for conduct involving securities transactions, Osprey Funds said in opposing summary judgment.

  • January 07, 2025

    Didi Investor Wants To Be New Leader Of Regulatory Suit

    A Didi Global Inc. investor asked Tuesday to sub in as lead plaintiff in a proposed class action claiming the Chinese ride-hailing giant misrepresented the risks of a disciplinary crackdown from the Chinese government over alleged data security violations, as the suit's current leader plans to withdraw from the litigation.

  • January 07, 2025

    Warner Bros., CEO Face 2nd Investor Suit Over Lost NBA Deal

    A second Warner Bros. Discovery shareholder has sued the media giant and CEO David Zaslav in federal court, accusing them of misleading fellow investors about the company's financial strength as attempts to renew its NBA media rights deal were disintegrating.

  • January 07, 2025

    Ex-Ozy Media Exec Who Testified Against Founder Avoids Jail

    A Brooklyn federal judge allowed a former Ozy Media executive to avoid prison Tuesday for furthering a fraud that sunk the high-profile media startup, citing his cooperation with prosecutors who convicted company founder Carlos Watson of swindling tens of millions of dollars.

  • January 07, 2025

    Mattel Agrees To $16.9M Deal Ending Suit Over Unsafe Sleeper

    Mattel Inc. has agreed to settle for $16.9 million a nearly five-year-old Delaware Court of Chancery stockholder derivative suit seeking damages for the company for director and top officer oversight failures purportedly linked to an unsafe "Rock 'n' Play Sleeper" tied to hundreds of infant deaths and injuries.

  • January 07, 2025

    Here's How Paul Hastings' Big Bet On Finance Paid Off

    As the financial markets swayed between booms and busts in recent years following the waning of the COVID-19 pandemic, Paul Hastings LLP stayed the course, doubling down on its transactional practices by recruiting top-tier talent across key global markets like New York and London, and rising hubs such as Texas.

  • January 07, 2025

    CFTC Chair Behnam To Step Down When Trump Takes Office

    U.S. Commodity Futures Trading Commission Chair Rostin Behnam announced Tuesday that he will resign his chairmanship on Inauguration Day in order to make way for new agency leadership under incoming President Donald Trump, who has yet to name Behnam's successor.

  • January 06, 2025

    Trump Selects Long Island Judge For EDNY's Top Prosecutor

    President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.

  • January 06, 2025

    Nikola Investors Win Class Cert. In Securities Fraud Litigation

    An Arizona federal judge on Monday certified a class of investors accusing Nikola Corp. of inflating its stock price by exaggerating its ability to manufacture electric trucks, ruling that the shareholders have shown their case warrants the class treatment more than four years after they first sued.

  • January 06, 2025

    Cos. Accused Of Misusing EB-5 Investor Funds

    More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.

  • January 06, 2025

    Biotech Co. Revance Faces Suit After Tender Offer Weakens

    Biotechnology company Revance Therapeutics Inc. and two of its executives face a proposed investor class action alleging the company hurt investors after the value of a take-private tender offer was negotiated down following allegations that Revance had breached a distribution deal with another company.

  • January 06, 2025

    Nasdaq Gets SPAC Investor's Racial Bias Claims Tossed

    A federal judge decided Monday to toss a suit from an investor in a minority-led special purpose acquisition company claiming the Nasdaq Stock Market participated in race-based discrimination against investors, saying the plaintiff fails to allege that its injuries were a direct result of Nasdaq's actions.

  • January 06, 2025

    Law School Grad Gets 2 Years For JPMorgan Insider Trading

    A law school graduate was sentenced in California federal court Monday to two years in prison for insider trading on tips from a JPMorgan Chase analyst, while another defendant was spared jail time for his role in the same scheme.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    Terraform Victims May Exceed 1M, Feds Say In Notice Request

    The U.S. Department of Justice on Monday asked a Manhattan federal judge for permission to issue a public notice to notify potential victims of defunct cryptocurrency firm Terraform Labs' creator Do Kwon's alleged $40 billion fraud, saying there are too many victims — potentially more than one million — to do individual outreach.

  • January 06, 2025

    Investment Adviser Says Attys' Mistakes Cost Him His Career

    A Colorado investment adviser has sued two of his former attorneys for malpractice in state court, claiming one failed to clarify that a deal he signed over securities violations also would bar him from working in other states, while the other allegedly failed to timely file an appeal to dispute the settlements.

  • January 06, 2025

    SEC Seeks To Bar Milbank Probe From Dialysis Execs' Trial

    The U.S. Securities and Exchange Commission said Monday that two dialysis company executives accused of accounting fraud should not be allowed to tell a jury about a Milbank LLP-led internal investigation they say found no evidence of intentional wrongdoing.

  • January 06, 2025

    FTC Blasts Tempur Sealy's New Floor-Space Promise

    The Federal Trade Commission told a Texas federal court a revised commitment from Tempur Sealy to preserve floor space for rivals in Mattress Firm stores would not restore the competition lost by a merger of the companies because it cannot be enforced.

  • January 06, 2025

    US Wants More Time To Counter Altria's $106M Tax Refund Bid

    Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.

  • January 06, 2025

    Gemini To Pay CFTC $5M For Bitcoin Contract Statements

    Crypto exchange Gemini has agreed to pay a $5 million penalty to the U.S. Commodity Futures Trading Commission to resolve claims that it misrepresented certain aspects of a proposed bitcoin futures contract, according to a settlement agreement filed in New York federal court on Monday.

  • January 06, 2025

    Fed's Barr To Step Down As Supervision Head Next Month

    Federal Reserve Vice Chair for Supervision Michael S. Barr announced Monday that he will step down from his current role next month, a reversal that paves the way for President-elect Donald Trump to appoint his own head of the central bank's oversight of big banks and regulatory policymaking.

Expert Analysis

  • Using Data To Inform Corporate Disclosure Decisions

    Author Photo

    With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.

  • How White Collar Attys Can Use Mythic Archetypes At Trial

    Author Photo

    A careful reading of a classic screenwriting guide shows that fairy tales and white collar trials actually have a lot in common, and defense attorneys would do well to tell a hero’s journey at trial, relying on universal character archetypes to connect with the jury, says Jack Sharman at Lightfoot Franklin.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

    Author Photo

    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

    Author Photo

    The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

    Author Photo

    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

    Author Photo

    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

    Author Photo

    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • SEC Custody Rule Creates Crypto Compliance Conundrum

    Author Photo

    While the U.S. Securities and Exchange Commission's application of the custody rule may be a good faith attempt to enhance consumer protections for client assets, it doesn't appreciate the unique characteristics of crypto-assets, forcing advisers to choose between pursuing their clients' objectives and complying with the rule, say attorneys at Willkie.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

    Author Photo

    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • What Insurers Need To Know About OFAC's Expanded FAQs

    Author Photo

    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

  • Rethinking Clawback Policies For 2025 Compensation Season

    Author Photo

    The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.

  • Series

    Gardening Makes Me A Better Lawyer

    Author Photo

    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Federal Embrace Of Crypto Regs Won't Lower State Hurdles

    Author Photo

    Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.

  • SEC Prioritized Enforcement Sweeps As Cases Slowed In '24

    Author Photo

    Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.

  • Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal

    Author Photo

    A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Securities archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!