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Asset Management
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April 01, 2025
5th Circ. Judge Questions IRS Denial Of Insurance Deductions
A Fifth Circuit judge pushed back Tuesday on the Internal Revenue Service's rejection of expense deductions for two physician-led micro-captive insurance companies, saying that the businesses seemed to serve a legitimate purpose while acknowledging that doctors are "notoriously inept" businessmen.
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April 01, 2025
Nelson Mullins-, Latham-Guided SmartStop Prices $810M IPO
SmartStop Self Storage REIT Inc., a real estate investment trust managing U.S. and Canadian properties, on Tuesday priced an $810 million initial public offering within its marketed range, represented by Nelson Mullins Riley & Scarborough LLP and underwriters' counsel Latham & Watkins LLP.
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April 01, 2025
US Loses Bid To Stay $380M PetroSaudi Award Seizure Suit
A California federal judge has denied the U.S. government's motion to pause its yearslong suit to seize part of a $380 million arbitral award to a PetroSaudi unit while somewhat related criminal proceedings in Switzerland play out.
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April 01, 2025
9th Circ. Judge Unsure Oppenheimer Liable For Broker Ponzi
A Ninth Circuit judge on Tuesday questioned if Oppenheimer & Co. Inc. was responsible for a Ponzi scheme orchestrated by one of its brokers as a side hustle, telling investors he was struggling to see how they were direct customers of the investment firm.
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April 01, 2025
House GOP Calls For Further Crackdown On SEC Proxy Rules
Republican lawmakers are calling on acting U.S. Securities and Exchange Commission Chair Mark Uyeda to put in place regulations that would eliminate the ability of shareholders to bring social and political issues to a vote, just weeks after the commission made it easier for publicly traded companies to exclude certain shareholder proposals.
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April 01, 2025
Conn. Banking Boss Orders Fintech Duo To Repay Investors
Connecticut's banking regulator has ordered two dissolved Greenwich-based companies to reimburse dozens of investors $843,000 for making them believe their money was earmarked for an investment algorithm patent, when instead company founders blew some of the cash at salons and department stores and on plastic surgery.
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April 01, 2025
Tenn. PBM Statute Conflicts With ERISA, Judge Says
Tennessee law requiring pharmacy benefits managers to accept "any willing pharmacies" into their network clashes with the Employee Retirement Income Security Act, a federal judge ruled, saying the state can't enforce its statute against McKee Foods Corp. or other plans governed by the federal benefits law.
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April 01, 2025
Loeb, Skadden Steer Siddhi Acquisition's Upsized $240M IPO
Siddhi Acquisition Corp., backed by food and technology-focused private investors, began trading Tuesday after raising an upsized $240 million initial public offering, represented by Loeb & Loeb LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
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April 01, 2025
Bitcoin Rival Appeals Grayscale's Win In $2M False Ads Suit
Cryptocurrency company Osprey Funds LLC is appealing a Connecticut state judge's ruling against it in its unfair trade practice suit accusing digital asset management firm Grayscale Investments LLC of misleading bitcoin investors about the security of their investments after the state court declined to reconsider its decision.
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April 01, 2025
Judge Tosses Hertz Investor's $126M Short-Swing Profits Suit
A New York federal judge has tossed, for good, a suit against the controlling shareholders of Hertz Global Holdings Inc. that claimed they realized at least $126 million in short-swing profits by selling their shares shortly before the car rental company's directors greenlighted a $2 billion stock repurchase program.
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April 01, 2025
FDA Cuts Prompt Biotech Players To Rethink Deal Strategies
Funding cuts at the U.S. Department of Health and Human Services are sending ripples of concern through the biotech industry, as attorneys advise companies to consider a wider breadth of strategic alternatives amid fears of regulatory delays.
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April 01, 2025
Paramount Investor Gets Partial Win In $8B Merger Doc Suit
A top Paramount Global stockholder who sued for books and records on the company's proposed $8 billion acquisition by Skydance Media won Delaware Court of Chancery admission of dozens of documents Tuesday, with a rare, closed ruling to follow on confidentiality claims for other still-held-back records.
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April 01, 2025
Ariz. Developer, Son Charged In $280M Sports Park Fraud
An Arizona developer and his son tricked bondholders into investing $280 million in a Phoenix-area youth sports park by falsely promising "100% occupancy prior to breaking ground" in part via the use of forged documents, federal prosecutors in Manhattan charged Tuesday.
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March 31, 2025
Trump Commutes Con Man Jason Galanis' Prison Sentence
President Donald Trump on Friday commuted the nearly 16-year sentence of fraudster Jason Galanis, who was convicted in a shareholder rip-off and a tribal bond swindle that cost investors $81 million.
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March 31, 2025
Alcoa Retirees, Unions Win Block On Health Benefits Cutoff
Aluminum producer Alcoa USA Corp. must provide lifetime healthcare benefits to a group of retirees who were represented by unions, an Indiana federal judge ruled, greenlighting an injunction that allows class members to retroactively seek payments for costs.
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March 31, 2025
Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims
A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.
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March 31, 2025
Primerica Can't Force Arbitration In $1.4M Theft Suit
Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
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March 31, 2025
Ex-Bridgewater Execs Forced To Arbitrate Discrimination Suit
A Connecticut federal judge on Monday agreed to force arbitration of a dispute from two former Bridgewater Associates LP executives alleging discrimination against the multibillion-dollar asset management firm.
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March 31, 2025
Ropes & Gray Guides Commonwealth On $2.7B Sale To LPL
LPL Financial said Monday it has agreed to acquire Commonwealth Financial Network for approximately $2.7 billion, bringing together two top players in the independent wealth management space.
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March 31, 2025
Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict
A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.
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March 31, 2025
Wachtell, S&C Build Mechanics Bank, HomeStreet Merger
Wachtell Lipton Rosen & Katz LLP-advised Mechanics Bank on Monday announced plans to merge with Sullivan & Cromwell LLP-led HomeStreet Bank in a deal that will create a combined company with 168 branches and $23 billion in assets.
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March 28, 2025
Ex-Mayor Gets 2 Months In Probe Of Angel Stadium Sale
Former Anaheim, California, Mayor Harry Sidhu was sentenced Friday in federal court to two months in prison for obstructing justice and lying to investigators in connection with a probe over the sale of Angel Stadium to the Los Angeles Angels baseball team.
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March 28, 2025
GM's Cruise Must Face Trimmed Securities Fraud Suit
A Michigan federal judge on Friday trimmed a proposed class action alleging General Motors and its self-driving car unit Cruise LLC misrepresented the technological capabilities of its autonomous vehicles, but said the investor plaintiffs plausibly alleged that some Cruise executives made recklessly false statements.
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March 28, 2025
AI Startup CoreWeave's Tepid Debut Chills IPO Enthusiasm
Artificial intelligence startup CoreWeave Inc.'s skittish debut following a scaled-down initial public offering chills recovery hopes for an IPO market that was already wobbly, though experts say viable candidates are waiting to strike if conditions stabilize.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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What FDIC Expansion Of Change In Bank Control Could Mean
A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.
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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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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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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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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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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.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.