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Securities
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April 19, 2024
Investor Suit Over Intel's Chip Production Won't Be Rebooted
The Ninth Circuit on Friday upheld a federal district court's dismissal of a proposed class action against Intel that alleged the tech giant hid problems with the production of its highly anticipated new computer processors, ruling the suit fails to show the defendants knew the company would miss the projected product release date.
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April 19, 2024
Ill. Judge Accepts 3rd Try To Allege Fraud Against Boeing
An investment fund leveling allegations of fraud against Boeing managed to convince an Illinois state court judge on its third attempt that the aircraft maker may have inflated stock values by purportedly covering up safety issues with its 737 Max airplanes.
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April 19, 2024
Trump Media CEO Fears Illegal Short Selling Is Harming Stock
The chief executive of the company that owns Donald Trump's Truth Social platform wants Nasdaq's help in determining whether manipulation stemming from illegal short selling is harming the company's stock price, according to a securities filing on Friday.
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April 19, 2024
Casino SPAC Can Return Money, Not Shares, Chancery Rules
Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.
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April 19, 2024
AI Co. Founder Faces SEC Suit After Fraud Charges
The fugitive founder of a purported artificial intelligence startup was sued Friday by the U.S. Securities and Exchange Commission over an alleged $2.8 million scheme to defraud investors.
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April 19, 2024
9th Circ. Won't Revive J2 Investor's Suit Alleging Insider Deals
The Ninth Circuit declined Friday to revive a proposed securities fraud class action alleging that J2 Global Inc. hid underperforming acquisitions and dubious investments that benefited company insiders, finding the plaintiff investor did not sufficiently plead scienter as to alleged nondisclosures or that purported misstatements caused his losses.
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April 19, 2024
IRS Previews New Digital Assets Reporting Form
The Internal Revenue Service released a draft of a form brokers will have to use for the first time to disclose their digital asset sales to the agency, including instructions for taxpayers whose transactions are subject to the reporting requirements.
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April 19, 2024
China Seeks To Boost Hong Kong's Status As Market Hub
China's securities regulators unveiled several measures on Friday designed to boost Hong Kong's stature as an international hub and ultimately benefit both jurisdictions amid lean times for capital raising, according to statements from securities officials.
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April 19, 2024
Climate Lawsuits Aren't The SEC's Only Legal Headache
The U.S. Securities and Exchange Commission has been grabbing headlines over the past couple of months as it attempts to fend off a host of lawsuits challenging recently enacted climate disclosure rules, but the agency has been no stranger to litigation brought by business groups opposing everything from new stock buyback disclosures to the agency's growing private fund oversight to its hands-off approach to crypto rule writing.
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April 19, 2024
Feds Say Fake Promoter Touted Beyonce, Nicki Minaj Shows
A man used claims that he was a big-time concert promoter to solicit over $1 million from investors using promises of large returns, but he used the money to fuel a Ponzi scheme and make personal purchases, federal prosecutors in Texas have alleged.
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April 19, 2024
Hatteras Fund Investors Sue In Chancery After 95% Drop
Stockholders in a series of funds managed by alternative investment boutique Hatteras Investment Partners LP have launched a proposed class action against the company's board in Delaware's Court of Chancery, alleging breaches of fiduciary duty in conjunction with the funds' liquidation.
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April 19, 2024
Ex-Pharma Exec Says Judge 'Coercive' In SEC Contempt Case
A former pharmaceutical executive facing criminal contempt charges for using an alias to flout a U.S. Securities and Exchange Commission ban says a Massachusetts federal judge was "coercive" in suggesting he might avoid prosecution if he cooperated with the agency.
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April 18, 2024
Ex-BigLaw Atty Can Stay Free During OneCoin Fraud Appeal
A Manhattan federal judge Thursday granted a former Locke Lord LLP partner's motion for bail pending appeal of his 10-year prison sentence after he was found guilty of laundering around $400 million in proceeds from the global OneCoin cryptocurrency scam, saying he does not pose a flight risk given his medical conditions.
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April 18, 2024
SEC Faces $1.8M Atty Fee Bid After Sanctions In Crypto Case
A court-appointed receiver and defendants in the U.S. Securities and Exchange Commission's case against crypto project Debt Box requested Wednesday that the regulator pay roughly $1.8 million in sanctions to cover the fees incurred by an allegedly ill-gotten temporary restraining order and receivership.
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April 18, 2024
Ex-Autonomy CEO Wanted Whistleblower Fired, Ex-GC Says
Former Autonomy CEO Michael Lynch thought a finance department whistleblower was "trying to destroy the company" and wanted him fired, the software company's former U.S. general counsel testified Thursday in a criminal fraud trial over claims Lynch conned HP into buying the British company at an inflated price of $11.7 billion.
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April 18, 2024
Hedge Fund Says Its $100M Award Over Peru Bonds Is Valid
A hedge fund has asked a D.C. federal judge not to throw out its suit seeking to enforce a $100 million arbitral award it secured over Peru's valuation of old government bonds, saying the country wants to relitigate claims that were already rejected by the arbitrators.
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April 18, 2024
Satellite Broadband Co. Faces Investor Suit Over Project Delay
Satellite manufacturer AST SpaceMobile Inc. was hit with an investor suit accusing it of concealing supply issues that prevented the timely launch of a satellite fleet intended to provide broadband services, leading to a 24% share price decline when the issues were eventually disclosed.
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April 18, 2024
Senate Dems Question 4 Biggest Banks Over Fraud Controls
Two Democratic senators have asked the nation's four largest banks to share their systems to combat wire fraud and protect consumers from the fallout of unauthorized transfers.
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April 18, 2024
Chancery OKs Case Lead For Blue Bell Creameries Suit
A Delaware vice chancellor on Thursday restored a Blue Bell Creameries Inc. stockholder's widow as lead plaintiff in a derivative suit seeking to hold directors and officers of the ice cream company accountable for deadly food-safety oversight failures in 2015.
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April 18, 2024
Doximity Faces Investor Suit Over Slashed Revenue Hopes
Medical professional networking service Doximity Inc., likened to "LinkedIn for doctors," and two of its executives are facing a proposed class action alleging it hurt investors by concealing slowing sales.
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April 18, 2024
Perkins Coie 'Beating A Dead Horse' To Duck Case, Judge Says
An Illinois judge on Thursday refused to reconsider his decision to let an investment company move ahead with its lawsuit accusing Perkins Coie of helping the company's former investment manager steal $12 million and opted not to certify questions raised by the firm about his reasoning to the Illinois Supreme Court.
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April 18, 2024
SEC Exams Division Flags Misleading Claims In Adviser Ads
Investment advisers are publishing various misrepresentations and omissions in marketing materials, according to a recent risk alert from the U.S. Securities and Exchange Commission's examinations division that flagged a litany of compliance issues with the agency's marketing rule.
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April 18, 2024
Defense Paints Friend As Snitch In Ex-Ecuador Official's Trial
The defense attorney for former Ecuador comptroller Carlos Ramon Polit Faggioni painted a reinsurer who testified Wednesday against the official as a snitch and turncoat during a federal money laundering trial in Miami, saying he effectively became a government agent to get information that could be used against his friend.
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April 18, 2024
Pharma Ex-Exec Can't Revive $12M Underpayment Suit in US
A Manhattan federal judge has refused to rethink her decision tossing a $12 million suit accusing Altum Pharmaceuticals Inc. and its cannabis-focused parent company, BetterLife Pharma Inc., of stock dilution and underpaying a former executive chairman of the board of directors, saying the claims are better suited for Canadian courts.
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April 18, 2024
Investors In Failed Manila Casino Deal Sue For SPAC Shares
Shareholders in a blank-check company that failed to take a Philippines casino public have intervened in two Delaware Chancery Court lawsuits to recoup their failed investments, with one seeking to litigate damages from the busted $2.6 billion deal and the other pushing for the company's liquidation.
Expert Analysis
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Securities Question Stands After Contradicting Crypto Rulings
The debate about the regulation of crypto-assets came to a head in 2023 when two New York federal judges came to opposite conclusions about whether crypto-assets were securities by using the Howey test, highlighting the uncertainty facing the crypto industry as it seeks to resolve definitional questions, say attorneys at Ballard Spahr.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Compliance Risk After SEC Warning Against 'AI Washing'
The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.
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Cybersecurity Issues For Financial Industry To Track In 2024
In 2024 financial institutions will confront new federal, state and industry regulations around cybersecurity that require additional procedures, enhanced proactive security measures, and timely disclosure of security incidents, say Alex Koskey and Matt White at Baker Donelson.
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4 Ways The DOJ Is Changing Its Approach To Insider Trading
The U.S. Department of Justice’s recent increased focus on insider trading cases and the manner in which the DOJ is pursuing prosecutions reflect a break from historical practices and signal that the DOJ is branching into new areas to pursue perceived illicit trading activities, say attorneys at Davis Wright.
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5 Recent Developments Family Offices Are Watching In 2024
Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.
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How State AGs Process And Prioritize Consumer Complaints
Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.
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Charting The Course For Digital Assets In 2024
Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
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10 Issues To Watch As ESG Remains Alive And Well In 2024
Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Securities Law360 Guest Articles Of 2023
Securities guest article topics that piqued reader interest this year include how the U.S. Securities and Exchange Commission utilized seldom-used rules to go after bad actors, and how Delaware courts increased scrutiny on boards of directors — sometimes in surprising ways.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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How SEC And NY Cyber Reporting Rules Affect Key Industries
The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.