Capital Markets

  • March 26, 2025

    Morgan Lewis Welcomes Another Former SEC Atty

    Morgan Lewis & Bockius LLP has added another former senior U.S. Securities and Exchange Commission attorney to its ranks, announcing Wednesday that a special counsel for the commission's Division of Corporation Finance has joined its Washington, D.C., office.

  • March 25, 2025

    Ex-Masimo CEO Slams Bid To DQ His Hueston Hennigan Attys

    Joe E. Kiani, founder and ex-CEO of Masimo Corp., has urged the Delaware Chancery Court to reject the medical technology company's bid to disqualify his attorneys from Hueston Hennigan LLP in its lawsuit over Kiani's quest for a $450 million payout, saying the request is being "weaponized for tactical gain."

  • March 25, 2025

    Fix It Early, Do Your Homework: Bank Legal Chiefs Share Tips

    Deutsche Bank's chief legal officer advised firms facing regulatory investigations to begin the remediation process sooner rather than later in a Tuesday panel featuring the legal chiefs for some of the world's biggest banks discussing lessons they've learned and their relationships with outside counsel.

  • March 25, 2025

    Fintech DLocal Beats Investors' Suit Over IPO

    A New York state court judge has dismissed claims against fintech firm dLocal and its underwriters in a proposed class action alleging the company misstated a key financial metric and misrepresented the state of its financial controls in advance of its June 2021 initial public stock offering that saw the company valued at nearly $9.5 billion.

  • March 25, 2025

    FINRA Fines Firm, CCO For Pandemic-Era Oversight Lapses

    The Financial Industry Regulatory Authority has fined broker-dealer United First Partners LLC and fined and suspended its chief compliance officer to settle claims they failed to implement a sufficient system to monitor the firm's representatives' outside business activities, and completely failed to do so during the pandemic.

  • March 25, 2025

    Venezuelan Law Invalidates $2B Bonds, PDVSA Argues

    Venezuela's state-owned oil company is fighting back against efforts by creditors to enforce some $2 billion in defaulted bonds, dismissing as "illogical" the creditors' argument that the underlying bond documents were exempt from a requirement for National Assembly approval.

  • March 25, 2025

    Industry Backs BlackRock Over States' 'Crippling' Coal Suit

    Two leading financial industry groups are throwing their support behind BlackRock Inc. and two other asset managers fighting a state-backed antitrust suit over their coal company investments, with one group arguing that forcing the firms to divest would have "crippling effects" for tens of millions of American investors.

  • March 25, 2025

    7-Eleven Defends Cautious Antitrust Approach To Deal Talks

    The parent company of 7-Eleven on Tuesday defended its wary approach to a proposed acquisition by Alimentation Couche-Tard Inc. saying it has legitimate concerns about the deal clearing U.S. antitrust enforcers.

  • March 25, 2025

    GOP-Led House Committee Mulls Bills To Ease Capital Raising

    The U.S. House of Representatives Financial Services Committee on Tuesday debated bills that would ease rules governing private and public securities offerings, marking Congress' latest push to deregulate capital markets under President Donald Trump's second term.

  • March 25, 2025

    FDIC Will Seek To 'Eradicate' Its Use Of Reputation Risk

    The Federal Deposit Insurance Corp. plans to "eradicate" the concept of reputation risk from its oversight of banks and is working to take its approach to digital assets in "a new direction," the agency's acting chief has told Congress.

  • March 25, 2025

    FINRA President Hints At Offloading Arbitration Oversight

    The president of the Financial Industry Regulatory Authority said Tuesday that he's considering whether another entity should take up the brokerage regulator's arbitration oversight, questioning whether it's an appropriate function for FINRA to continue running.

  • March 25, 2025

    AI Clean Energy Co.'s Execs Get Shareholder Suit Axed

    Leaders of artificial intelligence-driven clean energy company Stem Inc. have avoided, for now, a suit accusing them of misleading investors ahead of a merger, with the court ruling the suit is a "puzzle pleading" that does not sufficiently justify why certain statements should be considered fraudulent.

  • March 25, 2025

    Ripple Labs To Pay SEC $50M To End Case, Legal Chief Says

    Ripple Labs legal chief Stuart Alderoty said Tuesday the cryptocurrency firm will pay the U.S. Securities and Exchange Commission a $50 million civil penalty to resolve the agency's landmark enforcement action, or a fraction of the $125 million fine that a federal court originally imposed upon it over past unregistered institutional token sales.

  • March 24, 2025

    Contrarian Unit's $3.7B Bid For Citgo Faces Opposition

    The special master overseeing the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt is recommending a federal judge proceed with a floor-setting bid of $3.699 billion submitted by an affiliate of Contrarian Capital Management, with the recommendation already meeting resistance.

  • March 24, 2025

    Bank Groups Take Aim At Fed's Stress-Test Methodology

    Top bank trade groups are pressing their Ohio federal court challenge to the Federal Reserve Board's stress tests of big banks, asking for a ruling that would force major changes to the way the annual assessments of firm resilience are designed and executed.

  • March 24, 2025

    FINRA Fines Pa. Broker-Dealer $1M Over Muni Bond Sales

    A Pittsburgh-based brokerage has agreed to penalties and disgorgement totaling over $1 million to resolve Financial Industry Regulatory Authority claims it got undue order priority for certain new municipal bond orders by failing to mention those orders were for its own dealer account.

  • March 24, 2025

    'Enough Is Enough': Tornado Cash Users Demand Judgment

    Challengers to the Treasury Department's now-dissolved sanctions of crypto mixer Tornado Cash on Monday urged a Texas federal judge to make clear that the designation was unlawful despite the government's claims that the case is moot now that it has removed Tornado Cash from its blocked persons list.

  • March 24, 2025

    Bread Financial Gets Investor's Spinoff Suit Tossed For Good

    Bread Financial Holdings Inc. and some of its executives have beaten a shareholder suit alleging that they tried to defraud investors by concealing issues with now-bankrupt spinoff company Loyalty Ventures, with a court ruling that the defendants had made necessary disclosures to investors.

  • March 24, 2025

    Kenvue, J&J Must Face Investor Suit Over FDA Concerns

    Consumer health products business Kenvue Inc. and former parent company Johnson & Johnson cannot escape a consolidated lawsuit accusing the companies of failing to warn investors about the potential ineffectiveness of leading products like Tylenol and Sudafed ahead of Kenvue's initial public offering, a New Jersey federal judge ruled on Monday.

  • March 24, 2025

    Skadden, Latham Lead Crypto Platform EToro's IPO Filing

    Crypto-friendly trading platform eToro Group Ltd. on Monday publicly filed its long-awaited plans for an initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP.

  • March 24, 2025

    Chancery Won't Restart Disputed Bitcoin ATMs For Now

    Delaware's Court of Chancery refused on Monday to order reactivation of dozens of bitcoin cryptocurrency ATM kiosks shut down by an Iowa grocery chain after that state's attorney general sued Bitcoin Depot and a similar operation for alleged scamming of users.

  • March 24, 2025

    SEC, FINRA Enforcement Heads Say Crypto Still A Focus

    Heads of enforcement at the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority indicated Monday the agencies are keeping their eyes on cryptocurrency, even as the former has backed off of various cases and investigations involving crypto.

  • March 24, 2025

    SmartStop REIT Plans $864M IPO Amid US-Canada Trade Row

    SmartStop Self Storage REIT Inc., a real estate investment trust managing U.S. and Canadian properties, unveiled plans on Monday for an estimated $864 million initial public offering amid trade disputes rippling across North America, represented by Nelson Mullins Riley & Scarborough LLP and underwriters' counsel Latham & Watkins LLP.

  • March 24, 2025

    Reed Smith Accused Of Interference In $102M Award Fight

    The purported new owners of Eletson Holdings Inc., a reorganized international shipping group, have urged the Second Circuit to nix Reed Smith's appeal challenging the law firm's removal as counsel for the company's prebankruptcy shareholders in an enforcement action, saying the former owners declined the opportunity to intervene and that their counsel cannot intervene on their behalf.

  • March 24, 2025

    Vertical Farming Co. Files Ch. 11 Amid Financing Struggles

    Vertical farming venture Plenty Unlimited Inc. filed for Chapter 11 protection in Texas bankruptcy court with $100 million to $500 million of both assets and liabilities after struggling to raise fresh funds to support its money-losing business.

Expert Analysis

  • 2024 IPO Market Trends, And What To Expect Next Year

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    The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.

  • A Look At SEC, CFTC's Record Year For Whistleblower Awards

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    Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • 5 Notable Anti-Money Laundering Actions From 2024

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    Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Strategies For Home Equity Investment Providers In 2025

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    The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Implications Of NY Climate Case For Generating Facilities

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    Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.

  • Using Data To Inform Corporate Disclosure Decisions

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    With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

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    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • 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.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • 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.

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