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Capital Markets
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November 20, 2025
2nd Circ. Nixes REIT's CLO Fund Mismanagement Claims
The Second Circuit has backed the dismissal of mismanagement and fraud counterclaims lodged by a real estate investment trust and its subsidiary in a dispute involving a collateralized loan-obligation investment fund, ruling that related agreements for the fund don't support their counterclaims.
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November 20, 2025
SEC Walks Away From SolarWinds Data Breach Case
The U.S. Securities and Exchange Commission announced Thursday that it was voluntarily dismissing a lawsuit accusing software developer SolarWinds Corp. and its chief information security officer of failing to warn investors about lax cybersecurity standards prior to suffering a massive data breach.
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November 20, 2025
Sullivan & Cromwell, Sidley Lead Missouri Bank's $373M IPO
Missouri-based lender Central Bancompany began trading publicly Thursday after raising approximately $373 million in its initial public offering built by Sullivan & Cromwell LLP and Sidley Austin LLP.
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November 20, 2025
Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise
Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.
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November 20, 2025
2 Firms Guide Abbott's $23B Deal With Cologuard Maker
Wachtell Lipton Rosen & Katz and Skadden Arps Slate Meagher & Flom LLP are steering Abbott's planned $23 billion acquisition of Exact Sciences, in a deal announced Thursday that will give the medical device maker an immediate foothold in fast-growing U.S. cancer screening markets.
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November 19, 2025
Cato Urges High Court To Review SEC Disgorgement Powers
The Cato Institute and others have come out in support of a call for the U.S. Supreme Court to resolve a circuit split over the U.S. Securities and Exchange Commission's disgorgement powers, saying a recent Ninth Circuit decision unlawfully delegates legislative power to executive officials.
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November 19, 2025
YouTube's 'Nelk Boys' Can't Nix Crypto Fraud Claims
The influencers behind the YouTube channel "Nelk Boys" must face civil fraud and conspiracy claims stemming from a $23 million offering and sale of digital assets, in a lawsuit a buyer has brought alleging they largely failed to make good on delivering certain perks they promised purchasers.
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November 19, 2025
Trump's CFTC Nom Grilled On Possible Crypto Leadership
President Donald Trump's nominee to lead the U.S. Commodity Futures Trading Commission was asked by senators on Wednesday whether the agency has enough money and staff to be handed the keys to crypto market oversight, but Michael Selig declined to commit to pushing for additional funding or for a full complement of commissioners if confirmed.
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November 19, 2025
Lawmakers Urge High Court To Curb SEC's Receivership Powers
A group of Republican lawmakers is urging the U.S. Supreme Court to take up a Texas businessman's case challenging the U.S. Securities and Exchange Commission's ability to place businesses into court-appointed receivership before a trial.
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November 19, 2025
Deutsche Bank To Pay FINRA $2.5M Over Research Reports
The securities segment of Deutsche Bank on Wednesday agreed to pay the Financial Industry Regulatory Authority $2.5 million to settle claims that for 18 years it violated multiple research report disclosure requirements, impacting approximately 110,000 debt and equity research reports.
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November 19, 2025
SEC Enforcement Actions Plunged After Gensler, Report Says
The U.S. Securities and Exchange Commission brought far fewer enforcement actions against public companies and subsidiaries after its Biden-era leader Gary Gensler departed, with the former chair bringing 52 of the 56 actions the agency initiated in fiscal 2025 despite stepping down in January.
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November 19, 2025
6th Circ. Won't Explain Docs Ruling To FirstEnergy Investors
The Sixth Circuit on Wednesday denied a request from FirstEnergy investors to clarify a ruling blocking them from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal.
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November 19, 2025
Samourai Wallet Tech Gets 4 Years In Crypto Laundering Case
A Manhattan federal judge sentenced a self-taught coder who managed the day-to-day tech side of crypto mixer Samourai Wallet to four years in prison Wednesday, after he admitted that he knew the business facilitated bitcoin transfers derived from criminal activity.
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November 19, 2025
Crypto Exchange Kraken Files Confidential IPO Plans
Crypto exchange Kraken said Wednesday that it has confidentially filed with the U.S. Securities and Exchange Commission for an initial public offering, hot off an $800 million funding round.
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November 19, 2025
3 Firms Lead Churchill Capital's Latest $300M SPAC Filing
Special purpose acquisition company Churchill Capital Corp. XI, the latest in a string of SPACs founded by former Citi executive Michael Klein, has launched plans to raise up to $300 million in its initial public offering built by three law firms.
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November 19, 2025
3 Firms Build $450M Blockfusion SPAC Merger
Data center infrastructure company Blockfusion USA Inc. on Wednesday unveiled plans to go public by merging with special purpose acquisition company Blue Acquisition Corp. in a $450 million deal that was built by three law firms.
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November 18, 2025
Sick With Cancer, Jack Abramoff Avoids Jail In Crypto Fraud
Disgraced Washington, D.C., lobbyist Jack Abramoff avoided a second stint in prison when a California federal judge sentenced him Tuesday to probation for his role in a cryptocurrency fraud, citing his cooperation with law enforcement and his stage-four cancer.
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November 18, 2025
Buyers Ask To Add 'Hawk Tuah' Influencer To Token Suit
Buyers of the "Hawk Tuah" themed-meme coin want to expand their securities suit with new claims and defendants, including naming the social media star behind the viral phrase, Haliey Welch, as well as her managers.
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November 18, 2025
Crypto Scammer Admits Role In $263M RICO Conspiracy
An eighth defendant has pled guilty to participating in a scam ring accused of stealing at least $263 million in cryptocurrency from victims across the U.S. to spend on high-priced goods, prosecutors said Tuesday.
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November 18, 2025
Reed Smith Can't Represent Eletson By 'Repeated Incantation'
A New York federal judge on Tuesday rejected Reed Smith LLP's latest effort to intervene on behalf of the purported former owners of international shipping company Eletson Holdings in Eletson's $102 million breach-of-contract litigation with rival Levona, saying the firm can't represent the holding company post-bankruptcy "by repeated incantation."
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November 18, 2025
Fed Pushes To Shift Oversight Focus In Examiner Guidance
The Federal Reserve shared new internal guidance Tuesday that directs its examiners to concentrate on material financial risks to banks and not get "distracted" by process concerns, deepening a policy shift that is drawing sharp rebuke from Fed Gov. Michael Barr.
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November 18, 2025
Citadel Securities, Virtu Face Claims Of 'Massive' Spoofing
Market makers Citadel Securities LLC and Virtu Americas LLC face a proposed class action alleging they used the illegal trading strategy known as spoofing to manipulate trading prices for a technology company, depressing the issuer's market capitalizations while enriching themselves.
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November 18, 2025
9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws
The Ninth Circuit on Tuesday blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court.
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November 18, 2025
FDIC Says Capital One Is 'Turning Back Time' With Fee Fight
The Federal Deposit Insurance Corp. has accused Capital One of trying to "turn back time" by retroactively distributing $56 billion and claiming it was erroneously included in the FDIC's fee calculations, in order to dodge roughly $99 million in special assessments tied to the 2023 regional bank crisis.
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November 18, 2025
Korea Wins Annulment Of $216M Lone Star Funds Award
South Korea on Tuesday prevailed in its bid to wipe out a $216 million arbitral award issued to an affiliate of Lone Star Funds, though the private equity firm has already vowed to resubmit its claim to a new tribunal.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Traditional Venue Theories May Not Encompass Crypto Fraud
A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.