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Securities
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February 18, 2025
Gas Co. Venture Global Faces Suit Over IPO Disclosures
Liquefied natural gas company Venture Global was hit with a proposed class action alleging the company raised $1.75 billion in its initial public offering last month without disclosing legal issues it is facing from oil companies Shell and BP.
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February 18, 2025
Acccounting Firm Blames Broker For Losing $1M In Coverage
A Texas accounting firm accused its insurance broker of causing it to lose $1 million coverage by failing to inform an excess insurer that the firm was subpoenaed in connection with the investigation of a $12 million seismic data collection company embezzlement scheme, the broker told a Texas federal court.
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February 18, 2025
Stablecoin Firm Gets Securities Claim Cut From Class Action
A New York federal judge has trimmed the securities claim from a putative class action brought by buyers of GMO-Z.com Trust's GYEN stablecoin who argued they suffered losses when the value of the digital asset temporarily fluctuated, but allowed the bulk of the consumer protection claims to move forward.
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February 18, 2025
Ancora Says US Steel CEO May Have Made Insider Trades
Ancora Holdings Group LLC is claiming that U.S. Steel CEO David Burritt "may have engaged in insider trading" tied to the company's proposed $14.9 billion merger with Japan's Nippon Steel, and the investor said it could bring related litigation, according to documents released Tuesday.
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February 18, 2025
Trump Media Blames Rising Loss Partly On SEC Legal Bills
The owner of President Donald Trump's social media platform attributed its widening losses in part to rising legal costs from the Biden-era U.S. Securities and Exchange Commission's investigations of the merger that took the company public, according to a statement.
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February 18, 2025
Muni Bond Firm Stoever Glass Files For Ch. 7 In NY
The 61-year-old Wall Street municipal bond investment firm Stoever Glass & Co. Inc. has filed for Chapter 7, reporting liabilities of up to $10 million and assets of less than $1 million.
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February 18, 2025
Compliance Boss Took $9M In Clients, Investment Firm Says
A Connecticut investment firm with $360 million in assets under management says its former chief compliance officer violated trade secrets and computer fraud laws by taking eight clients worth $9.3 million and secretly joining a competitor, all despite bearing responsibility for his now-former firm's data confidentiality measures.
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February 18, 2025
Securities Group Of The Year: Robbins Geller
Robbins Geller Rudman & Dowd LLP guided investors in securing a $490 million settlement from Apple Inc. in California federal court after alleging CEO Tim Cook had misled them, and obtained a $434 million settlement with Under Armour Inc. in Maryland federal court to settle claims the company had artificially inflated stock prices, earning it a spot among the 2024 Law360 Securities Groups of the Year.
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February 18, 2025
Proposed Tweaks To Del. Chancery Law Ignite DExit Firestorm
Stockholder attorneys in Delaware pushed back immediately against two state Senate measures that would amend corporation law provisions at the center of recent debate over shareholder class lawsuits, big court awards and recent corporate moves to purportedly more business-friendly states such as Texas and Nevada.
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February 18, 2025
DOJ Noncommittal On Cognizant Bribe Trial Amid FCPA Order
In the wake of President Donald Trump's Feb. 10 executive order pausing enforcement of the Foreign Corrupt Practices Act, prosecutors told a federal judge Monday that they are preparing for a March 3 trial in their charges alleging two former executives of Cognizant Technology Solutions Corp. authorized a bribe to an Indian official, but that the case is under review.
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February 18, 2025
Chancery Tosses Class Suit Challenging Trade Desk CEO Pay
Stockholders who sued to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk failed to show a required inference of director liability or bad faith, a Delaware vice chancellor has ruled.
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February 14, 2025
Judge Slams The Brakes On Peloton Bike Recall Claims
A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.
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February 14, 2025
Loper Bright Doesn't Sink ESG Rule, Texas Judge Says
A Texas federal judge again upheld a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, ruling that the rule was still valid despite the U.S. Supreme Court doing away with a decades-long approach to interpreting statutes.
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February 14, 2025
CFTC Taps Ex-Whistleblower Chief As Enforcement Head
The Commodity Futures Trading Commission's acting head announced the appointment of a new enforcement director, naming to the position a former federal prosecutor who recently was the agency's whistleblower chief.
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February 14, 2025
SEC Crypto Mining Case Paused After Feds Bring Charges
A Texas federal judge paused the U.S. Securities and Exchange Commission's case against a crypto asset mining and hosting company after federal prosecutors filed their own suit against three of its executives for allegedly spending investor funds on themselves instead of the mining equipment they promised.
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February 14, 2025
4th Circ. To Hear Deloitte Appeal Of SCANA Class Cert. Ruling
The Fourth Circuit has agreed to hear a case that could overturn the class status of SCANA Corp. investors accusing Deloitte of issuing misleading audit reports about the progress being made on a failed $9 billion nuclear energy project, saying it would hear arguments over whether a U.S. Supreme Court model on damages was properly applied to the class certification order.
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February 14, 2025
Chemical Co.'s Inventory Issues Led To Losses, Investor Says
Agricultural sciences company FMC Corp. has been hit with a proposed shareholder class action in Pennsylvania federal court alleging it misled investors about its high inventory levels across its global channels, causing significant losses when its issues were revealed earlier this month.
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
SmileDirectClub Trustee Gets OK To Hire Orrick
The Chapter 7 trustee liquidating SmileDirectClub can hire Orrick Herrington & Sutcliffe LLP as special litigation counsel, a Texas bankruptcy judge said Friday, concluding that Orrick met U.S. Bankruptcy Code requirements, despite him not being notified earlier of Orrick's previous work for the trustee.
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February 14, 2025
Feds Say Las Vegas Man Ran $24M Cryptocurrency Ponzi Con
A Las Vegas man who allegedly cheated hundreds of investors out of $24 million with promises that his cryptocurrency company used artificial intelligence and would pay returns of up to 30% has pleaded not guilty to fraud and money laundering charges.
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February 14, 2025
Solar Tech Co. SunPower Beats Investor Suit Over Defects
A California federal court has permanently dismissed an investor's suit alleging solar power equipment company SunPower concealed product defects in order to maintain artificially high share prices, saying the investor has not established SunPower knew or could have known its statements were false when made.
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February 14, 2025
SEC Fines Adviser Firm, Ex-Rep Over Fiduciary Duty Claims
The U.S. Securities and Exchange Commission entered into a $225,000 settlement with New York-based registered investment adviser One Oak Capital Management LLC and a former representative to resolve alleged misconduct related to advisory services provided to their retail clients.
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February 14, 2025
SEC Says Crypto Task Force Could Resolve Coinbase Case
The U.S. Securities and Exchange Commission told the Second Circuit that its newly formed cryptocurrency task force effort may lead to a resolution in its enforcement case against Coinbase, warranting a brief delay to the regulator responding to the crypto exchange's bid for appellate review of whether securities laws apply to the transactions on its platform.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
New Delisting Rules Shorten Leash For Distressed Companies
Distressed companies should take heed of new stock exchange rules that are likely to accelerate delistings for stocks that trade below minimum requirements, particularly targeting businesses that rely on reverse stock splits to inflate their share prices, attorneys say.
Expert Analysis
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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SEC Action Indicates Continued Focus On ESG Disclosures
The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.