Asset Management

  • April 24, 2025

    Pardon Me? Why Offers To Secure Clemency Might Be A Scam

    Some white collar lawyers and consultants say their clients are increasingly being solicited by potential scammers with promises to leverage supposed White House connections to secure pardons and other forms of clemency in exchange for big fees.

  • April 24, 2025

    SEC Annuity Fraud Case Ends In Mixed Verdict

    A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.

  • April 24, 2025

    Mubadala, Fortress Team Up For $1B Strategic Partnership

    Sovereign investor Mubadala Investment Company and private equity firm Fortress Investment Group on Thursday announced that they were furthering their partnership with a $1 billion investment focused on credit and special situations co-investment opportunities.

  • April 24, 2025

    Firm Fights IRS' $33M Boost To Self-Employment Income

    The Internal Revenue Service wrongly subjected nearly $33 million of a New York investment firm's income to self-employment taxes by disqualifying the firm's limited partners and taxing their distributions, it alleged in two U.S. Tax Court petitions.

  • April 24, 2025

    Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name

    The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.

  • April 24, 2025

    Latham-Led LLR Clinches 7th Fund With $2.45B Committed

    Latham & Watkins LLP-advised LLR Partners on Thursday announced that it wrapped its seventh private equity fund with $2.45 billion in tow.

  • April 23, 2025

    Ex-Rep Should Pay $25K For 'Sham' Lawsuit, Fla. Judge Told

    A real estate holding company owner told a Florida state court judge Wednesday that he's owed about $25,000 in legal fees for defending against a "sham" contract breach lawsuit alleging he assisted officials investigating possible foreign agent crimes against a former congressman, saying the agreements at issue were declared invalid.

  • April 23, 2025

    Ind. Broker-Dealer Pays FINRA Fine To Settle L Bonds Claims

    An Indiana-headquartered brokerage firm is the latest to resolve Financial Industry Regulatory Authority claims related to its representatives' recommendations of certain risky alternative investments like bonds offered by the now-bankrupt company GWG Holdings Inc.

  • April 23, 2025

    CEOs Urge SEC To Ban Political Activists' Proxy Proposals

    The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."

  • April 23, 2025

    Retirement Co. Hit With $38.8M Jury Verdict In ERISA Action

    A New York federal jury Wednesday awarded a 27,000-member class of retirement plan participants nearly $38.8 million after finding that Pentegra Retirement Services violated federal benefits law by saddling a $2.1 billion 401(k) plan with excessive administrative fees.

  • April 23, 2025

    Citron Research Founder Can't Escape SEC Fraud Suit

    The founder of trading advice website Citron Research and his investment advisory firm cannot escape the U.S. Securities and Exchange Commission's suit alleging they raked in $20 million by manipulating trading prices, a California federal judge ruled Tuesday, saying the complaint adequately alleges fraud.

  • April 23, 2025

    FINRA Acts On Entrex Application After SEC Gets Complaint

    The Financial Industry Regulatory Authority has approved Entrex Carbon Market Inc.'s requests for a name change and approval of stock splits, shareholders of the carbon offset trading platform have said, although they indicated they will proceed pursuing structural reforms at the self-regulating watchdog of brokers.

  • April 23, 2025

    Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.

    Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.

  • April 23, 2025

    Software Co. Can't Escape 401(k) Investment Suit

    A California federal judge refused to toss a federal benefits lawsuit from former ServiceNow employees alleging the cloud computing company kept an underperforming suite of target-date funds in its 401(k) plan for over a decade, finding allegations of a deficient process should proceed to discovery.

  • April 23, 2025

    Tech-Focused Texas Ventures SPAC Raises $200M IPO

    Shares of special purpose acquisition company Texas Ventures Acquisition III began trading on Wednesday after the company raised $200 million in its initial public offering, with plans to seek out a merger with an industrial technology company.

  • April 23, 2025

    Silvergate Settles Securities Class Action For $37.5M In Ch. 11

    The parent company of Silvergate Bank has asked a Delaware bankruptcy judge to approve a new deal to settle a securities class action for $37.5 million and resolve a slew of indemnification issues in its Chapter 11, a resolution that the debtor said would save it potentially millions of dollars in legal fees.

  • April 23, 2025

    Investment Fund Insists On DQing Connell Foley From Bias Suit

    A Black-owned investment company asked a New Jersey federal court to overturn a magistrate judge's decision denying its bid to disqualify a Connell Foley LLP attorney from representing the state in the investment firm's bias case.

  • April 23, 2025

    GOP Leader Proposes Modernizing Contractor Rules

    U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.

  • April 23, 2025

    3 Firms Guide Launch Of $3.6B SoftBank-Backed Bitcoin Co.

    Bitcoin investment startup Twenty One Capital Inc. plans to go public by merging with a special purpose acquisition company affiliated with Cantor Fitzgerald at a $3.6 billion valuation, in a deal guided by three law firms, the parties announced on Wednesday.

  • April 23, 2025

    Sidley-Led Stonepeak Plugs $1.5B Into New Data Center Biz

    Infrastructure and real assets-focused private equity shop Stonepeak, advised by Sidley Austin LLP, revealed on Wednesday that it launched a new North American hyperscale-focused data center company with a $1.5 billion equity commitment.

  • April 22, 2025

    Fed's Buffer Plan Marks Start Of Stress Test Reform 'Journey'

    The Federal Reserve entered a new era last week with a proposal to smooth out fluctuations in a key capital requirement for big banks, making an opening move toward what industry experts see as potentially much bigger stress-testing reforms on the horizon.

  • April 22, 2025

    Texas Court Questions $55M Arbitration Award's Validity

    A Texas appeals panel asked why a $55 million arbitration award to the former director of a Dallas alternative asset investment company can't float just because the arbitrator based the damages on securities filings, saying Tuesday that arbitrators have broad discretion to determine damages.

  • April 22, 2025

    Majority Shareholders Sanctioned In Telecoms Control Fight

    A New York federal judge Tuesday sanctioned the majority shareholders of telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company.

  • April 22, 2025

    FTX Ch. 11 Trust Says Ex-Exec's Wife Spent $600K Since Dec.

    The FTX Recovery Trust urged a Delaware bankruptcy judge to enjoin the wife of former FTX executive Ryan Salame from spending additional money that the trust said was fraudulently taken from the company before its bankruptcy filing, saying Michelle Bond has spent more than $600,000 since mid-December on legal fees, luxury vacations and credit card bills.

  • April 22, 2025

    CFTC Wants Input On 24/7 Trading, Perpetual Contracts

    The U.S. Commodity Futures Trading Commission is asking the public for feedback on how it should address the availability of 24-hour trading as well as so-called perpetual derivatives that are sometimes used to speculate on the price of cryptocurrencies.

Expert Analysis

  • Preparing For The New Restrictions On Investment Into China

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    In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.

  • Opinion

    Congress Should Expand Investment Options For 403(b)s

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    Lawmakers should pass pending legislation to give 403(b) plan participants access to collective investment trusts, leveling the playing field for public sector retirement investors by giving them an investment option their private sector counterparts have had for decades, says Jason Levy at Great Gray Trust Company.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • SEC Custody Rule Creates Crypto Compliance Conundrum

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    While the U.S. Securities and Exchange Commission's application of the custody rule may be a good faith attempt to enhance consumer protections for client assets, it doesn't appreciate the unique characteristics of crypto-assets, forcing advisers to choose between pursuing their clients' objectives and complying with the rule, say attorneys at Willkie.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • What Insurers Need To Know About OFAC's Expanded FAQs

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    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

  • Rethinking Clawback Policies For 2025 Compensation Season

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    The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • SEC Prioritized Enforcement Sweeps As Cases Slowed In '24

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    Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • 5 Ways SEC's Crypto Approach Could Change Under Trump

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    Given the Trump campaign's procrypto stance, the U.S. Securities and Exchange Commission could take a number of different approaches to crypto policy in the next administration, including pausing registration-only enforcement actions and proposing tailored rules that take into account the differences between crypto-assets and traditional securities, say attorneys at WilmerHale.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • With Precautions, AI Can Help With Suspicious Activity Filings

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    While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.

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