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Capital Markets

  • January 1, 2019

    Cannabis Cases To Watch In 2019

    As more states legalize recreational and medical cannabis, more litigation has popped up around the industry. From what is likely the country’s first cannabis patent suit to a wave of civil claims filed by people living near growers and distributors, courts are being asked to decide a variety of disputes that touch on the clash between federal and state laws governing cannabis. Here are several cases in the cannabis world that Law360 is watching in 2019.

  • January 1, 2019

    6 Trends To Watch In The 2019 IPO Market

    Initial public offerings in 2018 soared to their highest levels in four years thanks to a deep pipeline of health care and technology companies, though market volatility caused IPOs to sputter down the stretch and could sober expectations for 2019. Here are six trends to watch.

  • January 1, 2019

    Financial Services Litigation To Watch In 2019

    On the horizon for the financial services industry in the new year are cases that will turn up the heat on the debate over the Consumer Financial Protection Bureau’s constitutionality, test the legality of the much-vaunted fintech banking charter and potentially increase the number of lawsuits from homeowners fighting foreclosure. Here, Law360 examines the cases that experts most often singled out for their potential impact on the industry.

  • January 1, 2019

    6 SEC Regulatory Prospects To Watch In 2019

    From controversial rules intended to impose a higher standard of conduct on broker-dealers to potential changes to the quarterly reporting system for public companies, the U.S. Securities and Exchange Commission plans to tackle wide-ranging issues in 2019 that could have a lasting impact on long-term investors. Here are six regulatory developments to be on the lookout for.

  • January 1, 2019

    Insurance Cases To Watch In 2019

    Insurance attorneys will have plenty to chew on in 2019, with the Connecticut Supreme Court poised to weigh in on multiple issues of first impression regarding coverage for asbestos injury claims and Georgia's high court set to offer guidance on the prerequisites for policyholders to sue their insurers for bad faith.

  • January 1, 2019

    UK Banks, Insurers Brace For Busy Regulatory Year In 2019

    The U.K.'s financial services face a regulatory reckoning on Brexit in 2019, as well as a shift away from the long-standing Libor benchmark and a deadline for payment protection insurance complaints that have cost banks billions of pounds in compensation. Here Law360 looks at the hurdles facing banks and insurers in the year ahead.

  • January 1, 2019

    Swaps-Trading Rules Top Agenda For CFTC In 2019

    The U.S. Commodity Futures Trading Commission could overhaul swaps-trading rules in 2019, which tops a broad list of priorities that also includes potential action on cross-border matters, position limits and digital currencies as the agency prepares for new leadership. Here is an overview of unfinished business and potential new developments that await the CFTC.

  • January 1, 2019

    Banking Regulation To Watch In 2019

    The return of divided government in Washington may put a damper on the prospects for more banking legislation, but federal regulators will have their hands full in 2019 finishing rules to implement the last big banking bill, updating old rules around lending in underserved areas and rethinking their rethink of the Volcker Rule.

  • January 1, 2019

    Securities Litigation To Watch In 2019

    In 2019, securities attorneys will be following a U.S. Supreme Court case involving an investment banker accused of committing fraud for forwarding his boss' misstatements, and hoping for additional clarity about how to establish loss causation in stock-drop suits. Here, Law360 looks at four key securities issues for the coming year.

  • December 21, 2018

    Feds Blast Ex-Platinum Execs' Misconduct Claims

    Brooklyn federal prosecutors urged a judge to reject “inflammatory” misconduct claims by former Platinum Partners executives facing fraud charges, saying cooperators were kept secret not to give prosecutors an edge but because of “legitimate fear” of backlash from their cooperation.

  • December 21, 2018

    UBS Agrees To Pay States $68M Over Libor Rigging

    UBS AG has agreed to pay $68 million in a settlement with 39 U.S. states and the District of Columbia for manipulating its London Interbank Offered Rate submissions in order to dodge bad publicity and benefit its trading positions, prosecutors said Friday.

  • December 21, 2018

    SEC Resolves Numerous In-House Proceedings Post-Lucia

    The U.S. Securities and Exchange Commission resolved more than a dozen administrative proceedings Friday, many of which became eligible for a rehearing after the Supreme Court's Lucia v. SEC decision earlier this year.

  • December 21, 2018

    CFTC, Ex-UBS Trader Unveil $100K Spoofing Settlement

    The Commodity Futures Trading Commission and a former UBS AG trader accused of spoofing in precious metals futures markets asked a Connecticut federal judge on Thursday to approve a settlement that fines the ex-trader $100,000 and bars him from commodities trading for a year.

  • December 20, 2018

    Microcap Co. CEO Gets Over 4 Years For Securities Fraud

    The CEO of a microcap company that makes recreational vehicles was sentenced Thursday to more than four years in federal prison following his conviction in May for a multimillion-dollar securities fraud scheme, the U.S. Attorney's Office in New Jersey announced.

  • December 20, 2018

    SEC Inspectors To Keep Cryptocurrency A Priority Next Year

    The U.S. Securities and Exchange Commission’s compliance inspections arm said Thursday that it will focus on investment firms dealing in cryptocurrencies when selecting which to examine in 2019, maintaining a priority it set this year.

  • December 20, 2018

    Libor Prosecutors Told To Sift Their Work From Paul Weiss'

    A Manhattan federal judge on Wednesday suggested prosecutors retrace a five-year investigation into former Deutsche Bank AG traders accused of rigging the London Interbank Offered Rate and delineate it from work by the bank's counsel at Paul Weiss Rifkind Wharton & Garrison LLP.

  • December 20, 2018

    Judge Raps Quinn Emanuel Trial Preparedness In Fraud Case

    A Maryland federal judge gave Quinn Emanuel Urquhart & Sullivan LLP a benchslap on Tuesday, saying that nonpublic filings showed the firm had "failed properly to prepare for trial" on behalf of an Israeli national accused of a boiler-room-like scheme involving binary options.

  • December 20, 2018

    Judge Tells Sears It Sold Too Many Notes, Undoes Sale

    A New York bankruptcy judge told Sears Holding Corp. Thursday it went beyond his order when it sold $900 million in intercompany debt to debtor-in-place lender Cyrus Capital Partners, saying Sears will have to entertain new bids and get a new order in the new year.

  • December 20, 2018

    Convicted Ex-Barclays Trader Told To Pay Up In Euribor Case

    A London judge on Thursday ordered a former Barclays trader previously sentenced to eight years in prison for plotting to manipulate a key European interest rate benchmark to cough up £77,354 ($98,000) in criminal proceeds or face an additional three years of incarceration.

  • December 20, 2018

    Bipartisan Bill Targets McKinsey Conflicts In Puerto Rico

    A bipartisan bill introduced Wednesday in the U.S. House of Representatives calls for enhanced disclosures by advisers contracted to work on restructuring proceedings in Puerto Rico, citing reports that consultant McKinsey & Co. may be looking out for its own investments in the commonwealth.

Expert Analysis

  • Taberna Bankruptcy Ruling Brings Relief For CDO Investors

    James Bentley

    A New York bankruptcy court's recent dismissal of Taberna Preferred Funding's involuntary Chapter 11 case reinforces the accepted principle that contractual terms are the best means for liquidating a nonrecourse securitization vehicle — good news for those interested in the stability of the collateralized debt obligation model, says James Bentley of Schulte Roth & Zabel LLP.

  • Winklevoss Ruling Highlights Subjective Aspects Of SEC Mission

    Buddy Donohue

    A lot has been written about the U.S. Securities and Exchange Commission's decision this summer to deny Bats BZX Exchange's application to list and trade shares of the Winklevoss Bitcoin Trust. The debate that has ensued is really about the role of the SEC, says Buddy Donohue of Shearman & Sterling LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Life After The Midterms For Fintech And Digital Assets

    Dina Ellis Rochkind

    Following the 2018 midterm elections and subsequent change in composition of Congress, there are new dynamics at play as to how cryptocurrency, blockchain and distributed ledger technologies will be treated from a legislative and regulatory perspective, say Dina Ellis Rochkind and Lara Kaplan of Paul Hastings LLP.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • The SEC's Latest Statement On Digital Assets

    Michael Krimminger

    Despite a recent joint announcement by three U.S. Securities and Exchange Commission divisions, several key questions about the commission’s view on cryptocurrencies and initial coin offerings remain unsettled, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • The Legacy Of Madoff, A Decade Later

    Mark Kornfeld

    Despite lessons from Bernie Madoff's Ponzi scheme that was revealed 10 years ago, financial fraud continues to thrive. Negative history repeats itself on what seems like a daily basis, say attorneys with Quarles & Brady LLP.