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Capital Markets
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April 25, 2025
Sullivan & Cromwell Adds V&E Shareholder Activism Leaders
Sullivan & Cromwell has added two seasoned corporate governance partners to its New York office, who most recently served as co-chairs of Vinson & Elkins' shareholder activism practice.
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April 25, 2025
Atkins Vows SEC Will Pursue 'Common-Sense' Crypto Policy
The U.S. Securities and Exchange Commission's new Chair Paul Atkins told crypto industry experts on Friday that the SEC will work to establish a "fit-for-purpose" framework for digital assets, while industry participants urged a principles-based approach to cover its rapid innovation.
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April 24, 2025
Judge Won't Halt Auction Over Unpaid SPAC Finder's Fee
A Florida federal judge denied a cloud company's request to halt an auction of its assets to collect a $2.4 million debt, finding that iCoreConnect failed to show it would likely win claims that PIGI Solutions LLC acted as an unregistered broker-dealer when advising on its merger with a blank check company.
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April 24, 2025
Investor Sues To Halt 'Cheap' VC Buyout Of Fla. Health Co.
A Florida health business investor sued its founder, its CEO, a venture capitalist firm and others over negligent misrepresentation in connection to a proposed buyout, alleging a proxy statement omitted conflicts of interest and included deceptive financial data in order to justify the company's "cheap" acquisition.
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April 24, 2025
Long Island Man Gets 18 Years For Father-Son Crypto Scam
A Long Island man convicted of cheating investors out of millions of dollars by falsely promising to serve as a broker for crypto sales while pocketing the funds was sentenced to 18 years in prison on Thursday.
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April 24, 2025
Trump's Regulatory Thaw On Crypto Reaches Federal Reserve
The Federal Reserve on Thursday scrapped guidance that had instructed banks to consult with it before taking up cryptocurrencies, marking the latest step in a broader push to ease regulatory friction for digital assets under President Donald Trump's administration.
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April 24, 2025
FINRA Says 5th Amendment Doesn't Apply In Adviser's Case
The Financial Industry Regulatory Authority has urged a Washington, D.C., federal court to toss a financial adviser's Fifth Amendment challenge against the self-regulating watchdog of brokers, arguing it is not subject to constitutional requirements when carrying out its self-regulatory responsibilities.
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April 24, 2025
Ex-CEO Of Trump-Tied SPAC Reaches Deal With SEC
The former CEO of the special purpose acquisition company that took President Donald Trump's social media platform public has reached a deal to end a U.S. Securities and Exchange Commission case accusing him of failing to timely alert investors to the prospective deal.
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April 24, 2025
2 SPACs Join Recovering Market With $461M In New Capital
Two special purpose acquisition companies raised $461 million combined through initial public offerings in the past two days in order to pursue mergers targeting several industries, represented by three law firms, extending an uptick in SPAC offerings despite broader market volatility.
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April 24, 2025
Nevada Asks Court To Toss Kalshi Sports Contract Suit
Gaming authorities in Nevada have urged a federal judge to dismiss a lawsuit brought against them by online trading platform KalshiEx LLC, telling the court that a state agency's efforts to stop the company from offering betting on sports and elections is on solid legal footing.
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April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs
The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
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April 24, 2025
Ex-Bank GC Gets 4-Year Sentence In $7.4M Fraud Scheme
A former Webster Bank general counsel and corporate secretary was sentenced Thursday to four years behind bars after pleading guilty to spending nearly eight years embezzling $7.4 million and funneling at least some of the money through his personal attorney trust accounts.
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April 24, 2025
Rivian Secures Calif. State Court Win Over Investors' IPO Suit
A California state appellate court affirmed the dismissal of a suit brought against Rivian Automotive accusing the electric vehicle manufacturer and its underwriters of misleading investors ahead of its blockbuster 2021 initial public offering, finding that Rivian's articles of incorporation direct any federal securities-related claims to federal court.
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April 24, 2025
Ready Capital Sued Again Over Real Estate Loan Losses
Ready Capital Corp. and two executives were hit with another derivatives suit alleging statements made in the back half of 2024 about the company's performance misled investors about the significance of several nonperforming commercial real estate loans.
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April 24, 2025
Pardon Me? Why Offers To Secure Clemency Might Be A Scam
Some white collar lawyers and consultants say their clients are increasingly being solicited by potential scammers with promises to leverage supposed White House connections to secure pardons and other forms of clemency in exchange for big fees.
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April 24, 2025
Ala. Ends Coinbase Enforcement Case As Feds Pursue Policy
The Alabama Securities Commission became the fifth state to drop its enforcement matter against crypto exchange Coinbase over its so-called staking business, but the agency's director told Law360 that it made sense for the agency to "table its litigation posture" as policymakers work to set rules of the road for crypto.
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April 24, 2025
DOJ Probing Disney-FuboTV Deal, And Other Rumors
The DOJ is investigating Disney's proposed FuboTV acquisition, Merck is close to a $3.5 billion deal for SpringWorks, and U.S. investor James Cameron offered $5 billion for a Luxembourg-based mining enterprise. Here, Law360 breaks down these and other notable deal rumors from the last week.
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April 24, 2025
SEC Annuity Fraud Case Ends In Mixed Verdict
A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.
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April 24, 2025
Proskauer Adds DC-Based Secondaries Atty From Akin
Proskauer Rose LLP has hired a secondary transactions partner in Washington, D.C., the first attorney to focus their practice on that market in the firm's office in the nation's capital.
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April 24, 2025
Shareholders Back Miami's £70M Bid For European Exchange
The International Stock Exchange said Thursday that its shareholders have backed an approximately £70.4 million ($94 million) takeover offer from the owner of the Bermuda Stock Exchange.
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April 23, 2025
Shaq Settles FTX Litigation Over Alleged Promotions
Shaquille O'Neal and FTX investors in multidistrict litigation over the cryptocurrency exchange's collapse announced a settlement Wednesday resolving allegations that the basketball icon promoted FTX, including through a partnership for his Shaq's Fun House music festival, despite red flags at the crypto company.
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April 23, 2025
Feds Seek At Least 6½ Years For Mango Markets Trader
A cryptocurrency trader convicted on claims he took $110 million out of shuttered decentralized finance platform Mango Markets should spend at least six and a half years in prison, federal prosecutors have argued, while the DeFi protocol itself asked that he pay $47 million in restitution.
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April 23, 2025
Ind. Broker-Dealer Pays FINRA Fine To Settle L Bonds Claims
An Indiana-headquartered brokerage firm is the latest to resolve Financial Industry Regulatory Authority claims related to its representatives' recommendations of certain risky alternative investments like bonds offered by the now-bankrupt company GWG Holdings Inc.
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April 23, 2025
CEOs Urge SEC To Ban Political Activists' Proxy Proposals
The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."
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April 23, 2025
Ex-SEC Counsel Joins Blockchain Co. Plume Network As GC
Plume Network, a blockchain project focused on real-world assets like gold, mineral interests and private credit funds, has hired a former senior special counsel at the U.S. Securities and Exchange Commission as its general counsel, the project announced Wednesday.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.