Delaware's Supreme Court refused Thursday to revive an investor's derivative claim that Clear Channel Outdoor Holdings' directors breached their duty to the company by failing to seek repayment of $1 billion in debts owed by majority owner iHeartMedia.
The Eleventh Circuit on Thursday ruled that a limitations period for bringing claims under the Employee Retirement Income Security Act for a breach of fiduciary duty can be waived.
Deutsche Bank National Trust Co. on Tuesday urged a New York federal judge to toss a proposed class action alleging that it’s improperly dipping into 10 residential mortgage-backed securities trusts it oversees to pay for its defense in a separate suit brought over its handling of those same trusts.
The majority of an Eighth Circuit panel on Thursday backed a lower court’s dismissal of a suit from two U.S. Bank retirees challenging the management of a defined benefit pension plan, saying the plan has become overfunded.
A California federal judge Thursday said he will likely certify a class of LendingClub Corp. investors who allege the peer-to-peer lending company hid defects in its internal controls before and after its $1 billion initial public offering, over objections from both the company and investors pursuing separate state law claims.
Saudi Arabian energy businessman Tarek Obaid, whose company PetroSaudi is said by prosecutors to be tied up in the 1MDB embezzlement scandal, told a California federal judge Wednesday that his $2 million worth of shares in tech firm Palantir Technologies was not bought with laundered money and should be unfrozen.
Exchange-based investors told a New York federal judge on Wednesday that they want approval of $151.9 million in settlements reached with several banks in multidistrict litigation that alleges a sprawling scheme to manipulate the London Interbank Offered Rate benchmark.
A former Canadian securities trader has urged the Second Circuit to clear the way for his battle to overturn a $20 million arbitration award against him and his previous employer for allegedly tricking a trading company into buying doomed stock, arguing that the case must be remanded to a state court because he has dropped all federal claims.
Barclays Capital Inc. on Wednesday asked the Ninth Circuit not to revive a proposed class action from a broker-dealer that alleges it was misled about the risks of trading on a dark pool, saying that two lower court judges correctly concluded that Great Pacific Securities lacked a legal leg to stand on.
Northstar Financial Advisors Inc. went before the Ninth Circuit on Wednesday for its third appeal in a putative class action claiming Charles Schwab Corp. broke its own rules for making risky bond-fund bets, arguing that a lower court erred in finding the class claims were barred by the federal Securities Litigation Uniform Standards Act.
Investors in a subsidiary of debt-burdened iHeartMedia Inc. told Delaware’s Supreme Court Wednesday that the Chancery Court had erred when it dismissed their challenges to using the unit as a cash cow to help out the parent company on the grounds the issue had already been decided.
The U.S. Securities and Exchange Commission sued two lawyers Wednesday, including one who was arrested and criminally charged, saying they wrote dozens of fraudulent opinion letters that enabled a ring of criminals to set up and flip public companies for use in pump-and-dump scams.
Columbia Property Trust Inc. on Wednesday said it has acquired four properties in New York and Washington, D.C., for a total of $935 million, following on the heels of its joint venture with the real estate arm of German insurance giant Allianz SE announced earlier this year.
ChinaCast Education Corp. and a group of its senior lenders Wednesday asked a New York bankruptcy judge to deny a creditor a $15 million insurance payout on a securities class action judgment, calling it an improper asset grab.
The U.S. Department of Justice asked the Second Circuit on Tuesday to uphold the conviction of former Jefferies Group trader Jesse Litvak, saying a jury had ample evidence to find his lies in residential mortgage-backed securities sales would matter to reasonable investors.
A New Jersey federal judge ruled Wednesday that a former clerk at Simpson Thacher & Bartlett LLP who has been convicted of insider trading is liable for related civil offenses, but set the stage for penalty talks with the U.S. Securities and Exchange Commission.
A Dubai-based proprietary trading firm must pay a $300,000 penalty to settle allegations that one of its traders used an illegal tactic known as “spoofing” while trading in copper futures contracts on the Commodity Exchange Inc., the U.S. Commodity Futures Trading Commission said Tuesday.
Dallas Cowboys running back Darren McFadden’s suit against a financial adviser will stay intact after an Arkansas federal judge refused Tuesday to toss a related suit over a property sale.
New York-based KKR & Co. LP told Law360 on Wednesday that the private equity firm has increased its offer for a Tokyo-listed Hitachi Ltd. unit to nearly 306 billion Japanese yen ($2.72 billion) after putting the original deal on hold just two months ago.
Xenia Hotels & Resorts Inc. recently completed a pair of acquisitions worth more than $400 million combined, and the real estate investment trust looked to one lawyer for help navigating a host of issues, including hotel management agreement matters, after his firm focused on growing its Washington, D.C., hospitality practice.
China is increasingly emerging as an engaged United States investor and business partner, though some regulatory and geopolitical realities have tempered the Chinese enthusiasm. Anyone involved with Chinese investments in the U.S. should be prepared for uncertainty as a result of both China's tightened outbound approval regime and heightened scrutiny from the U.S. side, says Kai Wang of Carlsmith Ball LLP.
Because capital acquisition brokers may act as placement agents in the sale of certain securities, the U.S. Securities and Exchange Commission is now proposing to expand its pay-to-play rules to include CABs. The rule may also encourage investment advisers to take certain steps, says Zachary Parks of Covington & Burling LLP.
If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.
The mutual fund industry has expressed concerns about troves of new data being filed on EDGAR starting in June 2018 as part of the U.S. Securities and Exchange Commission’s new reporting requirements. The recent disclosure of an SEC breach perfectly illustrates those concerns and adds to the clamor to delay or revise the requirements, says Jeanette Turner, managing director and chief regulatory officer at Advise Technologies.
Chairman Jay Clayton of the U.S. Securities and Exchange Commission recently made the surprising announcement that the SEC’s EDGAR database had been hacked. The chairman’s statement and subsequent testimony leave a number of critical questions unanswered, says Scott Kimpel of Hunton & Williams LLP.
Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.
For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.
Financial Crisis Anniversary
The Financial Stability Oversight Council, created in the wake of the global financial crisis that caused so much human and economic damage over the last decade, has been a central point of controversy about the Dodd-Frank Act. But time will prove that the core purposes and duties of the council are important, say Amias Gerety and David Portilla, both formerly of the FSOC.
A series of recent lawsuits that focus on universities’ Section 403(b) retirement plans are similar to the 401(k) plan excessive fee cases against for-profit companies that have been common over the past decade. If any of these new suits are successful, then retirement plans offered by a host of nonprofit entities may be ripe candidates for legal challenges as well, say Michael Graham and Charles Stevens of Michael Best & Friedrich LLP.
The prosecution of Martin Shkreli reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context: Physical access to documents on a server may trump actual ownership of records, say Claire Johnson and Douglas Young of Farella Braun & Martel LLP.