Capital Markets

  • August 19, 2026

    2nd Circ. Revives Signature Bank Investor Suit Against Execs

    The Second Circuit on Wednesday revived a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, finding that a New York federal court was wrong to toss the case because securities fraud claims against the defunct bank do not transfer to the Federal Deposit Insurance Corp. as the banks' receiver.

  • August 19, 2026

    9th Circ. Sides With PennyMac In Fixed LIBOR Fallback

    The Ninth Circuit on Wednesday rejected a shareholder's claim that PennyMac Mortgage Investment Trust was required to replace discontinued LIBOR with a newer floating rate when calculating preferred-share dividends, holding that the federal LIBOR Act allowed for a contractual fixed fallback rate.

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Outcome Health Execs Owe $270M And Counting For Fraud

    Former Outcome Health executives who were convicted of a $1 billion fraud against investors, lenders and customers must repay $270.8 million to certain victims, though that amount will climb higher with additional calculation, an Illinois federal judge said Wednesday.

  • August 19, 2026

    OCC Advancing Stablecoin Rule At 'Great Speed,' Gould Says

    The Office of the Comptroller of the Currency plans to issue the main rule establishing its stablecoin oversight framework by November and expects to be ready to process issuer licensing applications as soon as January, the agency's top official said Wednesday.

  • August 19, 2026

    CFTC Seeks Input On Derivatives To Hedge AI Costs

    The U.S. Commodity Futures Trading Commission is calling for expert feedback on a new type of derivative contract that could offer companies a way to hedge the cost of artificial intelligence development, with the agency's leader saying Wednesday that the market could help the country "win the AI race."

  • August 19, 2026

    CFTC Spares FTX's Ellison, Wang Fines For Cooperation

    Former FTX and Alameda Research executives Caroline Ellison and Gary Wang have agreed to trading and registration bans, but will not face financial penalties, as part of deals with the U.S. Commodity Futures Trading Commission to resolve fraud claims against them over their roles in the scheme that caused the crypto exchange and trading firm to collapse.

  • August 19, 2026

    Nutter Leader Eyes Fla. Growth, AI-Driven Billing Shift

    After overseeing Nutter McClennen & Fish LLP's expansion into New York City, California and Hawaii, co-managing partner Michael Scott is setting his sights on extending the firm's footprint into Florida within the next year and leveraging the power of artificial intelligence to lower clients' bills.

  • August 19, 2026

    Google Gets $12.2B Option To Buy Stake In Chipmaker Marvell

    Marvell Technology has issued Google a warrant to buy up to 58.97 million shares of its common stock, worth about $12.2 billion at the warrant's exercise price, according to a Marvell securities filing Wednesday.

  • August 19, 2026

    Med Co. Director's Fiduciary Claims Not Covered, Judge Says

    A Nationwide unit had no duty to defend or indemnify a medical diagnostics company's directors against another director and shareholder's fiduciary breach allegations, a California federal court ruled, saying coverage was barred by an "insured v. insured" exclusion.

  • August 19, 2026

    Willkie, Latham Guide Defense Tech Firm Lyntris' $298M IPO

    Private equity-backed defense technology company Lyntris Inc. hit the public markets Wednesday after raising $298 million in its initial public offering steered by Willkie Farr & Gallagher LLP and Latham & Watkins LLP.

  • August 18, 2026

    SEC Proposes Long-Awaited Crypto Offering Exemptions

    The U.S. Securities and Exchange Commission on Tuesday unveiled plans to exempt some cryptocurrency offerings from its registration requirements and to create a safe harbor for some projects to eventually shed securities law obligations altogether.

  • August 18, 2026

    Easterly Fund Must Face Claims Over Illiquid Investments

    A New York federal judge has largely granted a dismissal bid in an investor class action over the collapse of the Easterly ROCMuni High Income Municipal Bond Fund, tossing challenged statements in the suit about the fund's valuation and investments in defaulted securities, but keeping claims tied to the fund's illiquid investments.

  • August 18, 2026

    Tricolor Execs Accused Of Securities Fraud By SEC

    The U.S. Securities and Exchange Commission on Tuesday sued the founder of bankrupt subprime auto lender Tricolor Holdings and two of its executives, accusing them of double pledging collateral and misrepresenting the debt pools they were offering to lenders.

  • August 18, 2026

    Fla. Judge Wants More Public Info In SEC's PE Fraud Suit

    A Florida federal judge on Tuesday declined to grant the U.S. Securities and Exchange Commission's request to unseal court-appointed monitor reports of a private equity firm accused of fraud in a $1 billion fund, but said some information wasn't privileged and allowed the government to list what should be public.

  • August 18, 2026

    Exchanges Ask SEC To Delay Trade-Through Rule Withdrawal

    Some of the largest stock exchanges are urging the SEC to hold off on eliminating a rule that prohibits exchanges from executing trades at lower prices than the best displayed price available on other exchanges, saying the agency should first consider how the rule's elimination could impact broader market structure.

  • August 18, 2026

    NCUA Board Left Sitting Empty As Trump Pick Waits In Wings

    The National Credit Union Administration has entered its second week with an empty governing board, an unusual leadership vacuum that could limit the agency's ability to take certain formal actions until President Donald Trump's newly confirmed board pick assumes office.

  • August 18, 2026

    Orrick, Kirkland Steer Weave's $650M Take-Private

    Patient engagement platform and payment services company Weave Communications Inc., led by Orrick Herrington & Sutcliffe LLP, on Tuesday revealed it will become a private company after it was acquired by Kirkland & Ellis LLP-advised private equity shop Francisco Partners in a $650 million deal.

  • August 18, 2026

    BakerHostetler Launches Crypto Asset Disputes Team

    BakerHostetler announced Tuesday that it has a new crypto asset disputes team that will focus on advising clients about matters involving crypto assets, blockchain technology and emerging digital markets.

  • August 18, 2026

    Nexo Sanctioned Over Purge Of Emails, Slack Messages

    Nexo Capital Inc. has been sanctioned and ordered to pay roughly $439,000 in attorney fees by a federal magistrate judge in California who found that the crypto lender intentionally destroyed electronic evidence relevant to a customer's suit about allegedly forced liquidations of his crypto assets.

  • August 18, 2026

    Kalshi Invades NM Tribes' Exclusive Gaming Turf, Amici Say

    The first tribes to sue Kalshi alleging it violated the Indian Gaming Regulatory Act are backing four New Mexico Indigenous nations' efforts to block the prediction market from offering sports-related contracts on their lands, contending U.S. Supreme Court decisions dating back to 1832 recognize Indian political independence and self-governance.

  • August 18, 2026

    DLA Piper Taps Weil Partner As New York PE Co-Lead

    DLA Piper has announced it hired a Weil Gotshal & Manges LLP partner to co-lead its private equity practice in New York.

  • August 18, 2026

    AI Biz Fort Robotics To Go Public Via $556.6M SPAC Deal

    Fenwick & West LLP-advised tech company Fort Robotics Inc. on Tuesday announced plans to go public by merging with special purpose acquisition company Newbury Street II Acquisition Corp., led by Ellenoff Grossman & Schole LLP, in a deal that values the merged business at a pro forma enterprise value of $556.6 million.

  • August 18, 2026

    ​​​​​​​Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving multibillion-dollar mergers, corporate oversight, founder control, SPAC litigation, commercial contracts and attorney fees.

  • August 17, 2026

    Treasury Plan Would Map Boundaries Of US Stablecoin Market

    The U.S. Department of the Treasury on Monday floated a proposal to set standards for how and when payment stablecoins may enter the U.S. market, moving ahead on a key unfinished plank of the emerging federal regulatory framework for the stable-value tokens.

Expert Analysis

  • CFTC Chair's Speech Hints At Innovation-Friendly Policies

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    Remarks made by Commodity Futures Trading Commission Chair Michael Selig at the Futures Industry Association's conference last month provided the most comprehensive articulation of his regulatory agenda and signaled a shift in the CFTC's regulatory posture, including a rare focus on agency coordination and support for digital asset innovation, say attorneys at Willkie.

  • CFTC Actions Show Prediction Market Insider Trading Risks

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    It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

  • How Securities Litigation Risks Materialized In The 1st Quarter

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    The securities litigation landscape in 2026's first quarter was defined by higher filing frequency and increased litigation exposure with rising average settlement values, meaning issuers should maximize data-driven legal defenses early to disqualify alleged fraud-revealing stock drops, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • 5 Takeaways From Capital Proposals For Community Banks

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    While much commentary has centered on how federal regulators' proposed capital overhaul would affect the biggest banks, there are several aspects that regional and community institutions should note too, including the potential benefits of the expanded risk-based approach and reduced capital requirements for mortgage origination, say attorneys at Covington.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Recent Bank Resolution Filings Stress Readiness Over Docs

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    Against the backdrop of banking regulators' recent emphasis on institutional readiness in the event of a bank failure, a review of more than a dozen public resolution plan submissions points to an immediate future in which regulators and banks alike prioritize operational preparedness over extensive documentation, say attorneys at Moore & Van Allen.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Understanding The SEC's Consequential Crypto Guidance

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    The U.S. Securities and Exchange Commission's recent interpretive release — its most comprehensive statement ever on the application of the federal securities laws to crypto-assets — reimagines the Howey test to resolve long-standing questions over what is a security, but leaves many issues unresolved, say attorneys at Cahill.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Regulators' Basel Pitch May Bring Banks Capital Relief

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    The prudential banking agencies' new proposals to implement the so-called Basel III endgame rules — which would modify the approach to risk-based capital, among other notable changes — represent a fundamental directional shift in bank capital requirements aimed at increasing lending capacity, says Chen Xu at Debevoise.

  • How SEC And CFTC Are Attempting To End Their 'Turf War'

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    Through coordinated examinations and a shared aim to end duplicative regulation, the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission's recent memorandum of understanding could represent a significant shift in the regulatory landscape for market participants subject to the jurisdiction of both agencies, say attorneys at Jenner.

  • Parsing Rule 12(c) Motion Overuse In Securities Class Actions

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    Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

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