We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Asset Management

  • October 10, 2018

    Alcatel Again Escapes NJ Suit Over $1.2B Pension Transfer

    A New Jersey federal judge on Wednesday tossed a lawsuit against Alcatel-Lucent from two unions and four onetime company employees over its combined transfer of roughly $1.2 billion and thousands of members between pension plans, finding that the plaintiffs lacked standing and did not state viable claims under the Employee Retirement Income Security Act.

  • October 10, 2018

    Raymond James Can't Ditch Secret Commission Class Action

    A Florida federal judge denied Raymond James’ bid to toss a putative class action alleging the financial services company charges unauthorized commissions via a “processing fee,” rejecting the company's argument that the payments are unrecoverable because they were made voluntarily. 

  • October 10, 2018

    12 Firms Vying To Lead 9 Tesla Take-Private Tweet Suits

    Twelve law firms submitted bids in California federal court on Tuesday asking that nine securities class actions — filed against Tesla Inc. and CEO Elon Musk over his tweets about taking the company private — be consolidated and to be appointed as lead counsel.

  • October 10, 2018

    Real Estate Rumors: Alexandria, Atlantic Pacific, Fidelity

    Real estate investment trust Alexandria Real Estate Equities has reportedly paid $75 million for a Long Island City property, Atlantic Pacific Communities is said to have bought part of a Florida apartment complex that's worth $22.59 million, and Fidelity National Title Insurance has reportedly renewed its roughly 27,000-square-foot New York lease.

  • October 10, 2018

    DOJ Rules Out Life Term Bids For Ex-Wilmington Trust Execs

    Federal prosecutors in Delaware reported an agreement Wednesday to scale back initial life sentence recommendations for four Wilmington Trust Corp. executives convicted of an estimated $196 million securities fraud in May, opting instead to seek prison terms topping out at 11¼ years.

  • October 10, 2018

    Hong Kong To Penalize IPO Sponsors For 'Substandard' Work

    The Hong Kong Securities and Futures Commission is penalizing investment banks that fail to uphold standards when sponsoring initial public offerings, the agency’s enforcement director said Wednesday, and is promising additional disciplinary action until regulators see improvement.

  • October 10, 2018

    American Airlines Workers Push For Class Cert. In ERISA Row

    Participants in an American Airlines retirement plan on Tuesday responded to a Texas federal judge’s concerns about their bid to certify a class of more than 20,000 members, saying that their Employee Retirement Income Security Act suit simply seeks to recover plan losses that resulted from the carrier’s alleged fiduciary breaches.  

  • October 10, 2018

    Labaton To Pay $4.8M, Accept Oversight On Fee Practices

    Labaton Sucharow LLP has apologized and will pay $4.8 million and accept oversight by a retired judge to resolve a Massachusetts federal court’s investigation into the firm's excess fees and a controversial payment to a Texas lawyer, according to Wednesday court filings. 

  • October 10, 2018

    Feds Seek 5 Years For Convicted State Street Exec

    Prosecutors called for a five-year sentence Tuesday for a former vice president of State Street Corp. convicted of overbilling clients by millions, a substantially shorter prison term than federal guidelines suggest but enough to send a message, the government said.

  • October 9, 2018

    NCUA Seeks Sub To Bring RMBS Suit Against Deutsche Bank

    The National Credit Union Administration has urged a New York federal judge to allow the substitution of a new plaintiff to pursue claims against Deutsche Bank National Trust Co. over a number of residential mortgage-backed securities trusts, arguing that this swap would address standing issues highlighted in a similar suit brought by the agency against U.S. Bank.

  • October 9, 2018

    Royal Park Can't Revive $3.7B RMBS Suit, NY Court Rules

    A New York appellate court said Tuesday that a lower court was right to toss Royal Park Investments SA/NV's $3.7 billion suit accusing four major banks of committing fraud in connection with the sale of residential mortgage-backed securities, finding the Belgian bank did not have standing to bring negligence and fraud claims.

  • October 9, 2018

    PE Firm Says Arbitrator Conflict Tainted Fight Over $70M Deal

    An affiliate of a Delaware-based private equity fund urged a Florida federal court Monday to vacate a $2.25 million arbitration award related to its $70 million sale of a leading Jamaican fuel distributor, based on its argument that one of the arbitrators concealed connections to the buyer's counsel.

  • October 9, 2018

    Shareholder Fires Back At Dismissal Bids In 6D Global Suit

    A 6D Global Technologies Inc. shareholder on Friday swatted back at a trio of dismissal bids in New York federal court, deriding “feeble attempts” by the company, its former directors and a private equity firm’s CEO to escape claims that they allowed the digital marketing company’s share price to be manipulated.

  • October 9, 2018

    Allstate Says Performance, Not Fraud, Caused Stock Drop

    Allstate Corp. has asked an Illinois federal judge to deny class certification to investors accusing the insurer of concealing loose underwriting in a bid to boost business, arguing that any subsequent dips in Allstate's stock were due to company performance, not fraud.

  • October 9, 2018

    SEC Wants Subpoenas Enforced For ICO Pump & Dump Docs

    The U.S. Securities and Exchange Commission has asked a California federal court to enforce its June subpoenas for documents related to an alleged pump-and-dump scheme involving shares of a real estate and construction company that supposedly financed an initial coin offering.

  • October 9, 2018

    Dutch Court Adviser Urges Dropping EU Dividend Tax Case

    Taxes imposed on foreign investment funds receiving Dutch dividends comply with European Union law, an adviser to the Netherlands’ Supreme Court said Monday, urging judges to drop a €1.3 million ($1.5 million) tax referral to EU judges.

  • October 5, 2018

    Tilton Loses Bid To Seal Tax Documents On Appeal

    A New York appeals court has rejected a bid by Lynn Tilton and her company Patriarch Management to keep certain tax and financial information private in their dispute with a German lender.

  • October 5, 2018

    Gov't Role In Paul Weiss Probe Puts Deutsche Trial At Risk

    A New York federal judge signaled Friday that the Libor-rigging trial against former Deutsche Bank traders Matthew Connolly and Gavin Black may be in trouble, in light of "highly persuasive" evidence concerning the government's role in an internal investigation of the bank by Paul Weiss Rifkind Wharton & Garrison LLP.

  • October 5, 2018

    Bondholders Seek To Appoint Receiver For Puerto Rico Utility

    A group of bondholders on Thursday renewed their call to put a receiver in charge of Puerto Rico’s electric utility, while the island’s federally appointed fiscal oversight board sought information from the governor’s office about an announced electric rate cut.

  • October 5, 2018

    Real Estate Rumors: Thor, Warehouse Goods, Fla. Hotel

    Thor Equities has reportedly landed a $160 million loan from TPG Real Estate Finance Trust for a Houston property that includes retail and entertainment space, Warehouse Goods is said to have dropped $10 million on a Florida office building and National Realty Investment Advisors has reportedly paid $25 million for a 29-room Florida hotel.

Expert Analysis

  • A Breakdown Of Title Insurance For Mezzanine Financing

    Excerpt from Lexis Practice Advisor
    Spencer Compton

    Despite pessimism after the recession, mezzanine financing continues to be a part of almost every significant commercial real estate transaction. Lenders should understand the basic mezzanine debt structure and what title insurance options are available to them, say Spencer Compton and David Wanetik of First American Title Insurance Company.

  • Opinion

    A Decade After Financial Crisis, Misconceptions Remain

    Edward Stringham

    Following the 2008 economic downturn, many observers blasted mortgage-backed securities and collateralized debt obligations. Today, we're hobbled with numerous regulations that stem from a fundamental misunderstanding of what these instruments were designed to do, says Edward Stringham of the American Institute for Economic Research.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • Examining The Role Of Market Price In Appraisal: Part 2

    Dirk Hackbarth

    In response to the Delaware Chancery Court’s invitation earlier this year seeking expert opinions on market efficiency, we propose several tests to empirically assess the reliability of market price in appraising fair value, say Dirk Hackbarth of Boston University and Bin Zhou of The Brattle Group.

  • Examining The Role Of Market Price In Appraisal: Part 1

    Dirk Hackbarth

    Delaware Vice Chancellor J. Travis Laster recently cautioned that while courts are now giving greater deference to deal prices and market evidence in determining fair value, this approach does not elevate "market value" to the governing standard under the appraisal statute. His caveat begs at least three finance questions, say Dirk Hackbarth of Boston University and Bin Zhou of The Brattle Group.

  • Understanding The Unwinding Of DOL's Fiduciary Rule

    Excerpt from Lexis Practice Advisor
    George Sepsakos

    In Chamber of Commerce v. U.S. Department of Labor, the Fifth Circuit decided the DOL's so-called fiduciary rule conflicted with Section 3(21) of the Employee Retirement Income Security Act. George Sepsakos and Michael Kreps of Groom Law Group discuss the decision's implications and various elements to consider following vacatur of the rule.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.

  • SEC Action Brings Lessons For Quantitative Fund Managers

    Brian Daly

    The U.S. Securities and Exchange Commission last week announced settlements with Aegon and several of its affiliates for alleged misconduct involving faulty quantitative investment models. The case illustrates the pitfalls of implementing an ambitious investment program poorly, say Brian Daly and Anna Maleva-Otto of Schulte Roth & Zabel LLP.

  • Fiduciary Best Practices Helped NYU Win ERISA Class Action

    Arthur Marrapese

    In Sacerdote v. New York University — the first university 403(b) employee retirement plan fee case to go to trial — a New York federal court recently ruled in favor of NYU. Arthur Marrapese of Barclay Damon LLP summarizes the university's fiduciary practices and explains how they helped it prevail at the trial level.