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Securities
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November 04, 2024
Binance Says Lawsuit Can't Connect It To Terrorism Finance
Cryptocurrency platform Binance has asked a New York federal judge to toss a suit alleging the firm helped foster terrorist activity, saying that it "unequivocally condemns all acts of terrorism" and that the complaint does not connect the company to the alleged acts.
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November 04, 2024
Ex-Dentons Atty Botched $54M Currency Deal, Jury Told
A Venezuelan lawyer blamed a former Dentons US LLP attorney Monday for a $54 million loss in a bolivar-to-dollars currency swap, telling a Miami jury that the attorney never communicated that the buyer of the bolivars had not agreed to deposit the U.S. dollars into escrow and instead proceeded with a doomed transaction.
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November 04, 2024
SEC Dings Adviser For Improper Athlete-Endorsed Ads
The U.S. Securities and Exchange Commission has fined an investment adviser over allegations that its advertisements include endorsements from professional soccer and mixed martial arts athletes without disclosing the athletes were not clients of the firm and were paid for their endorsements.
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November 04, 2024
FINRA Fines Morgan Stanley $1M For Controls Violations
Morgan Stanley & Co. LLC has agreed to pay $1 million to resolve Financial Industry Regulatory Authority claims it violated the Exchange Act by failing to safeguard its customers against the entry of orders that were placed in error.
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November 04, 2024
Late New Evidence Can't Revive Investor Suit, Judge Says
A Massachusetts federal judge has declined to vacate the dismissal of an investor class action alleging that a hearing loss treatment company and some of its executives concealed disappointing clinical trial results, saying the plaintiff "is playing fast and loose with the Rules of Civil Procedure," and trying to blame the court and the clerk for his own procedural missteps.
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November 04, 2024
Errors Lower Fee Award For Athira Pharma Investors' Counsel
A Seattle federal judge has awarded $2 million in attorney fees to four firms that represented a class of Athira Pharma investors following a $10 million settlement over allegations the company's former CEO manipulated Alzheimer's drug studies, trimming the 25% fee award the firms sought due to an "overall lack of success in this litigation."
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November 04, 2024
Crypto Industry Hopes Election Will Bring SEC Shake-Up
The White House is poised to take a fresh approach to the digital asset industry regardless of who wins the presidency, but experts said the crypto industry's hopes for more rules and fewer enforcement cases ultimately depend on a new head of the U.S. Securities and Exchange Commission and a renewed push from Congress to pass crypto legislation.
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November 04, 2024
Nextdoor Inc. Investors Sue After De-SPAC Stock Drop
Investors in a special purpose acquisition company that took neighborhood network app Nextdoor Inc. public at a $4.3 billion valuation in July 2021 have sued the SPAC's sponsors and founding directors for damages in Delaware's Court of Chancery, accusing architects of the deal of overvaluing the business.
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November 04, 2024
Coinme Crypto ATMs Suspended By Conn. Banking Chief
Connecticut's banking commissioner has suspended cryptocurrency ATM company Coinme Inc.'s ability to transfer money in the Constitution State and has hinted toward possible fines, citing violations of know-your-consumer laws, complaints of scams, a negative multistate investigation and failures to meet minimum capitalization laws.
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November 04, 2024
Vista Equity Sued In Del. Over Ad Tracking Co. Insider Trades
A stockholder of digital ad evaluator Integral Ad Science Holding Corp. has sued the company's private equity controller and five IAS directors in Delaware's Court of Chancery, seeking recovery of derivative damages for alleged insider trading moves that purportedly saved Vista nearly $270 million.
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November 04, 2024
Haynes Boone Hires 3 More RE Attys From Holland & Knight
Haynes and Boone LLP has hired a trio of attorneys from Holland & Knight LLP in Dallas and Northern Virginia, saying Monday that their additions will complement the firm's real estate and finance offerings.
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November 04, 2024
Womble Bond Hires Nelson Mullins Corporate Partner
Womble Bond Dickinson has hired a former Nelson Mullins Riley & Scarborough LLP corporate attorney, who is joining the firm's Baltimore team to continue his work on the purchase and sale side of merger and acquisitions deals, the firm announced.
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November 04, 2024
Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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November 04, 2024
Vitamin Shoppe Owner Hits Ch. 11 After Take-Private Deal
The owner of the Vitamin Shoppe retail chain and other franchised businesses has filed for Chapter 11 protection in Delaware listing more than $1 billion in secured debt, about a year after the company went private with the intent of reducing its operating expenses.
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November 04, 2024
US IPO Activity Hits Standstill As Election Takes Center Stage
U.S. initial public offerings have screeched to a halt amid peak election season, and dealmakers expect new listings to largely remain iced until next year as market participants sort out ramifications of Tuesday's presidential and congressional contests.
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November 04, 2024
Justices Won't Take Up ESOP Trustee's Push For Arbitration
The U.S. Supreme Court refused on Monday to take up fiduciary services provider Argent Trust Co.'s challenge to a Second Circuit decision blocking arbitration of a proposed class action from workers who said they were overcharged in a $242 million stock deal.
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November 01, 2024
'Mutant Ape' NFT Developer Avoids Prison For 'Rug Pull'
A 26-year-old French citizen was spared further incarceration on Friday for a $2.9 million scheme to fraudulently market "Mutant Ape Planet" nonfungible tokens to investors, a sentence in large part driven by the uncertainty over the purchasers' loss.
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November 01, 2024
Meet The Attys Arguing Meta's High Court Disclosure Suit
Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.
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November 01, 2024
USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight
U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.
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November 01, 2024
'Razzlekhan' Asks For Time Served For Role In Crypto Hack
The wife of a hacker convicted for his role in a scheme to steal bitcoin worth billions of dollars from crypto exchange Bitfinex has asked to dodge future prison time ahead of sentencing for her role laundering the scheme's proceeds.
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November 01, 2024
Manufacturer Says Atty Turned Tiff Into 'Slow Motion Disaster'
A Colorado electronics manufacturer says a law firm turned a minor dispute into a "slow motion disaster," resulting in a $1 million bill that threatens to sink the business, filing a malpractice suit one day before seeking bankruptcy protections.
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November 01, 2024
Crypto Co. Gemini Teed Up For CFTC Trial After Appeal Denied
A New York federal judge has denied crypto exchange Gemini's bid to immediately appeal his decision that Gemini could be held liable for alleged misrepresentations to the U.S. Commodity Futures Trading Commission concerning its proposed bitcoin futures contract, sending the case to trial.
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November 01, 2024
2nd Circ. Won't Revive Warner Bros. Discovery Merger Suit
The Second Circuit refused Friday to resurrect a putative shareholder class action over the $43 billion tie-up that created Warner Bros. Discovery Inc., saying pre-merger documents adequately informed investors about streaming subscriber numbers and planned business strategies for the combined media giant.
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November 01, 2024
Crypto Co. CoinShares Appoints Citadel Alumna As GC
Crypto investment company CoinShares International Ltd. has appointed an alumna of Sidley Austin LLP and investment firm Citadel to serve as group general counsel, the company announced.
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November 01, 2024
Law Profs Urge Del. Reversal Of Chancery's Moelis Ruling
Four prominent law professors have weighed in with an amicus brief on the side of a Delaware Supreme Court appeal seeking to reverse a Court of Chancery ruling earlier this year that struck down a company charter amendment ceding some corporate governance rights to the business' founder.
Expert Analysis
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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What's Inside Feds' Latest Bank Merger Review Proposals
Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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Making Sure Your Co. Isn't In The Next Section 13(f) Sweep
Enforcement actions taken against 11 institutional investment managers for alleged failures to file forms required by Section 13(f) of the Securities Exchange Act serve as a reminder that firms should carefully monitor their obligations to avoid becoming the target of the next enforcement sweep, say attorneys at Ropes & Gray.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q3
With the implementation of H.B. 989, the third quarter of 2024 has been transformative for banking law and regulation in Florida, and this new law places a strong emphasis on fair access to banking, and prohibits ideologically or politically motivated decisions by financial institutions, says Sha’Ron James at Gunster.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Breaking Down CFTC's Novel Theory Driving Uniswap Action
The U.S. Commodity Futures Trading Commission's recent enforcement action against Uniswap concerning digital asset liquidity appears to be a unilateral attempt to expand its regulatory authority in the absence of official congressional approval, putting forth a novel theory of liability that will likely be tested through litigation, say attorneys at Troutman Pepper.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.