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Securities
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March 19, 2025
NJ Firm Faces SEC Fraud Suit Over Investment Allocations
The U.S. Securities and Exchange Commission has accused a New Jersey investment advisory firm and its owner of defrauding investors by violating its limits on concentrating investments in a particular sector, an issue that previously got the firm in regulatory trouble.
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March 19, 2025
How Cleary, Simpson Thacher Went To The Mattresses With FTC
The Federal Trade Commission's attempt to block Tempur Sealy's $5 billion bid to acquire retailer Mattress Firm suffered a likely fatal blow when a Texas federal court refused to put the merger on hold.
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March 19, 2025
NC Captive Insurer's Owner Can't Shirk Self-Dealing Claims
North Carolina's business court has largely rejected a majority shareholder's efforts to curtail claims he seized control of a captive insurance company only to run it into the ground, finding the suit sufficiently ties him to unpaid premiums that dried up the insurer's sole source of revenue.
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March 19, 2025
AI Is Growing Focus For Corporate Boards, Proxy Proposals
Public companies and their investors increasingly set their sights on artificial intelligence last year, according to a report released Wednesday indicating the rapidly evolving technology was a major focus when it came to both board-level oversight and shareholder proxy proposals.
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March 19, 2025
Alston & Bird Securities Litigator Joins Katten In Calif.
Katten Muchin Rosenman LLP added a former Alston & Bird LLP securities litigation partner whom one firm leader has hoped to hire after a stint working together decades ago.
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March 19, 2025
Ex-Cognizant CLO Fires Paul Weiss After Trump Order
A former Cognizant Technology Solutions Corp. executive facing a bribery trial next month has fired Paul Weiss Rifkind Wharton & Garrison LLP from his defense team following the Trump administration's revocation of the firm's security clearances, according to a withdrawal motion filed Wednesday by firm partner Roberto Finzi.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Del. House Panel Sends Corporate Law Rework To Final Vote
A Delaware House committee on Wednesday sent toward a possible final House vote corporation law amendments that would create new "safe harbor" protections for officers, directors and controlling stockholders, shielding them from liability if they have conflicting interests in some corporate acts.
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March 19, 2025
'They're Walking Away': Ripple Labs Says SEC To Drop Appeal
Ripple Labs CEO Brad Garlinghouse said Wednesday the U.S. Securities and Exchange Commission will drop its Second Circuit appeal of a summary judgment in its headline-grabbing enforcement action over Ripple's XRP token.
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March 19, 2025
FCPA Uncertainty May Lead Attys To 'Gamble' On Disclosure
The Trump administration's pullback on Foreign Corrupt Practices Act enforcement is sowing confusion in the white collar bar, as companies consider whether to voluntarily disclose potential violations of the anti-bribery law while the chances of getting a favorable resolution seem good or keep quiet until the dust settles.
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March 18, 2025
Emisphere, Novo Nordisk Sale Suit On Track For Settlement
Former Emisphere Technologies Inc. stockholders are set to settle stockholder litigation over the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, a Robbins Geller Rudman & Dowd LLP attorney informed Delaware's Chancery Court on Tuesday, saying a stipulation of settlement should be in next month.
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March 18, 2025
PVC Pipe Giant's Top Brass Sued For Hiding Price-Fix Scheme
PVC pipe maker Atkore Inc.'s top executives and board members were hit with derivative claims Tuesday for allegedly shielding the company's participation in a pandemic-era price-fixing scheme, just days after investors sued the company and three executives for the same alleged conduct.
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March 18, 2025
OCC's Hood Says He Won't Tolerate 'Odious' Debanking
The Office of the Comptroller of the Currency's acting chief, Rodney Hood, told bankers on Tuesday that his agency won't tolerate so-called debanking, saying "lawful" businesses — including crypto firms — should be eligible for bank accounts and other services.
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March 18, 2025
Drugmaker's $10.5M Deal In Investor FDA Approval Suit OK'd
A California federal judge has preliminarily approved a $10.5 million settlement between oncology drug company ImmunityBio and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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March 18, 2025
Crypto Firms Tied To Milei-Promoted Libra Token Face NY Suit
A trio of crypto firms linked to a token known as Libra face a proposed class action accusing them of fraudulently raising $107 million from the controversial project, which was promoted by Argentine President Javier Milei prior to its collapse.
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March 18, 2025
Trading Giant Virtu Must Face Suit Over Confidentiality Issues
A New York federal judge has trimmed a consolidated class action accusing trading giant Virtu Financial Inc. of misleading investors on issues around access to confidential customer trading information, finding that one category of statements in the complaint is not actionable but otherwise allowing the suit to proceed.
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March 18, 2025
Citi, HSBC Ink $12M Deal To End UK Bond Price-Fixing Suit
A New York federal judge gave his preliminary blessing Monday to a $12 million settlement between investors and major financial institutions, including Citigroup and HSBC Bank, in a proposed antitrust class action accusing the banks' traders of colluding to fix the prices of U.K. government bonds through digital communications.
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March 18, 2025
PetroSaudi Says Feds' Suit Over $380M Award Must Proceed
A PetroSaudi unit is fighting the U.S. government's bid to stay its years-long suit to seize part of a $380 million arbitral award while criminal proceedings in Switzerland play out against the unit's former owner, telling a California federal court the move is a stall tactic.
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March 18, 2025
Fla. Mall Investor Gets 5 Years In $77M WeWork Stock Fraud
A Manhattan federal judge sentenced a real estate investor and former owner of a Florida waterfront shopping complex to five years in prison Tuesday following a fraud conviction in connection with manipulating the price of WeWork Inc.'s stock at $77 million shortly before the company declared bankruptcy.
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March 18, 2025
Nasdaq Plans New Regional HQ In Texas Amid Competition
Nasdaq said Tuesday it plans to build a regional headquarters in Dallas, marking the latest move among major stock exchanges to expand operations in Texas amid fierce competition for visibility in the Lone Star State.
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March 18, 2025
BlackRock Calls Red States' Suit Over Coal Prices 'Farfetched'
BlackRock Inc. and two other large asset managers have urged a Texas federal judge to toss claims brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," saying the case "spins a farfetched theory."
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March 18, 2025
Bancorp Downplayed CRE Bridge Loan Risks, Investor Claims
An investor in The Bancorp Inc. is accusing the financial holding company in Delaware federal court of causing stock value to decline by misleading investors, including by not fully disclosing how its commercial real estate bridge loans were in danger of defaulting.
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March 18, 2025
Judge Probes Atty Conflict In Vanguard $40M Settlement
A Pennsylvania federal judge questioned whether attorneys representing investors suing Vanguard over surprise tax bills have a conflict of interest in pushing for a $40 million settlement, adding to concerns about a parallel regulatory settlement that has delayed approval of the deal.
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March 18, 2025
Convicted Insurance Mogul's Co. Liable For $57M Fraud
A Malta-based advisory firm controlled by convicted insurance mogul Greg Lindberg violated the Investment Advisers Act of 1940 by helping facilitate his misappropriation of $57 million in client funds, a North Carolina federal court ruled, noting Lindberg and another firm executive already admitted to fraud in separate consent judgments.
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March 18, 2025
Fried Frank Adds Simpson Thacher Private Funds Pro In NY
Fried Frank Harris Shriver & Jacobson LLP has expanded its global asset management practice with the addition of a longtime Simpson Thacher & Bartlett LLP attorney, the firm announced Tuesday.
Expert Analysis
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.