Investors can’t revive part of their suit accusing a slew of dealers of bullying competition in the interest rate swaps market, a New York federal judge said Wednesday, largely dismantling the putative class’ attempt to file a third amended complaint and rebuking its counsel for keeping the intended request under wraps.
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TOP NEWS

Judge Chides Counsel Over 'Lack Of Candor' In Swaps Suit

Investors can’t revive part of their suit accusing a slew of dealers of bullying competition in the interest rate swaps market, a New York federal judge said Wednesday, largely dismantling the putative class’ attempt to file a third amended complaint and rebuking its counsel for keeping the intended request under wraps. Read more »

2nd Circ. Won't Review Cert. Denial In HSBC RMBS Suits

A Second Circuit panel on Tuesday declined to review a New York federal judge’s decision against certifying two proposed classes of investors accusing HSBC Bank USA of failing to properly oversee an array of residential mortgage-backed securitization trusts.   Read more »

Wall Street Banks Want Treasury Auction Rigging Suit Tossed

A group of large Wall Street banks and a trading platform accused of rigging the $13 trillion market for securities sold by the U.S. Treasury Department have asked a New York federal judge to dismiss a lawsuit that alleges the scheme was conducted through two interrelated conspiracies, according to court filings entered Tuesday. Read more »

Objectors Chafe At 18% Fee Request In $2.3B Forex Deal

Major questions still dog the path to final approval of a $2.3 billion settlement of forex-rate-rigging claims by 15 major banks, a hearing Wednesday revealed, as a New York federal judge asked plaintiffs’ counsel for more data to support an 18 percent fee request and delved into the proper treatment of ERISA claims. Read more »

POLICY & REGULATION

Analysis

CFTC Urges Markets To Keep Close Eye On Crypto Derivatives

By urging exchanges to beef up their monitoring of cryptocurrency-based derivatives, lawyers say the U.S. Commodity Futures Trading Commission is seeking greater visibility into the underlying spot markets of virtual currencies in order to better fight market manipulation. Read more »

WHITE COLLAR

Ex-State Street VP Wants Gov't Agreement Nixed From Trial

Former State Street Corp. Vice President Ross McLellan asked a Massachusetts federal judge Tuesday to exclude the company’s deferred prosecution agreement from his trial, saying the corporate guilty plea was too prejudicial to be used as evidence that he swindled clients. Read more »

Calif. 'Billionaire' Convicted For $3M Ponzi Scheme

A Colorado federal jury has convicted a California man on multiple charges for his role in a scheme in which he and his co-conspirators duped investors into giving him $3 million to purportedly access billions of dollars he claimed were in an overseas bank account. Read more »

DELAWARE

CBS Seeks Approval Of Redstone Vote Dilution

CBS Corp. and five directors asked the Delaware Chancery Court Wednesday to approve of a special committee decision to dilute CBS Corp.'s controlling shareholder Shari Redstone’s voting power at a meeting last week. Read more »

INVESTOR ACTIONS

Live Nation Inflated Income To Reward Execs, Investors Say

An investor hit Live Nation Entertainment Inc. with a putative class action in New York federal court Wednesday, claiming the live entertainment giant falsely inflated its 2017 adjusted operating income to trigger $10.8 million in bonuses and stock awards to its top brass. Read more »

'Dieselgate' Stalled Sales, VW Salespeople Say In Class Action

News that Volkswagen rigged U.S. diesel emissions tests — a scandal sometimes referred to as “Dieselgate” — has harmed the “hardworking men and women who make their livelihood selling vehicles in the Volkswagen brand” and led to reduced sales, according to a consolidated class action filed in California federal court on Tuesday. Read more »

BANKRUPTCY

Gibson Brands To Alter DIP Provisions After Court Comments

Bankrupt guitar maker Gibson Brands Inc. told a Delaware judge on Wednesday that it will resume discussion with its senior lenders and noteholders on the terms of its debtor-in-possession financing package after the judge offered some insights as to how he would likely rule on certain provisions. Read more »

IHeartMedia Gets OK To Secure Citibank Loan, Notes

A Texas bankruptcy court Tuesday granted bankrupt radio giant iHeartMedia Inc. permission to secure its pre-Chapter 11 debt to priority noteholders and Citibank. Read more »

PEOPLE

Fried Frank Atty Who Left For SEC Rejoins Firm As Partner

Fried Frank Harris Shriver & Jacobson LLP will bolster its corporate practice with a former U.S. Securities and Exchange Commission senior counsel who once worked at the firm as an associate, the firm announced Tuesday. Read more »

Abbe Lowell Joins Winston Amid Norton Rose 'Conflicts'

High-profile defense attorney Abbe Lowell is leaving Norton Rose Fulbright's investigations practice for a partnership at Winston & Strawn LLP and taking his clients, including Jared Kushner, with him, the firm announced on Wednesday. Read more »

EXPERT ANALYSIS

Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP. Read more »

A Primer On Private Business Development Companies

Financial sponsors and investors are seeking alternative investment products through which they can access the capital markets, and the private business development company is one such product that has recently been successful at raising capital. Here, Cynthia Krus and Kristin Hespos Burns of Eversheds Sutherland explain how private BDCs are formed and why they are desirable. Read more »

LEGAL INDUSTRY

Feature

Foreign Lobbyists Step Into Light After Manafort Downfall

“Ridiculous” is how Paul Manafort's attorney has described his client's charges under a loosely followed foreign lobbying law, but a Law360 analysis shows that throngs of Washington influencers are now emerging from the shadows to comply. Read more »

Feature

BigLaw Feels The Heat In FARA Enforcement Push

Behind the scenes, law firms are scrambling to stay in the government’s good graces after the Foreign Agents Registration Act was used to indict President Donald Trump’s former campaign chairman. Read more »

Feature

As Foreign Agent Disclosure Soars, Reform Efforts Bog Down

With the Foreign Agents Registration Act in the spotlight, some members of Congress are facing big challenges in their quest to add teeth to the law. Read more »

Akin Gump Partner To Testify At Manafort Trial

Attorneys for Special Counsel Robert Mueller confirmed Wednesday in D.C. district court that they intend to call Akin Gump Strauss Hauer & Feld LLP partner Melissa L. Laurenza to testify at the trial of former Trump campaign chairman Paul Manafort. Read more »

Ex-BigLaw Atty Who Shot Wife Sentenced To Life In Prison

A Georgia judge on Wednesday sentenced a former Fisher Phillips LLP partner who fatally shot his wife to life in prison, after an Atlanta jury rejected the attorney’s contention that the shooting was an accident and convicted him of felony murder. Read more »

BigLaw Too Focused On Legal Fallout In #MeToo: ABA Panel

Too many BigLaw leaders are focused on sexual harassment in the workplace and the #MeToo movement as a legal risk rather than a solvable cultural problem, legal industry and employment experts said Wednesday. Read more »

Trump's 11th Circ. Pick Sails Through Confirmation Hearing

President Donald Trump's choice for an Eleventh Circuit seat faced few questions in her Senate confirmation hearing Wednesday and no opposition from Republicans who control whether Georgia Supreme Court Justice Britt Grant's nomination advances. Read more »

DC Circ. Votes To Livestream Audio For Oral Arguments

The judges on the D.C. Circuit have voted to begin streaming live audio in nearly all oral arguments after it started doing so on a case-by-case basis last fall, the powerful U.S. appeals court said Wednesday in a victory for judicial transparency supporters. Read more »

Courtroom Cackles Get Farm Co. A Fed. Circ. Redo In IP Suit

While not as noisy as a barnyard, the chatter and laughter heard during attorney presentations led the Federal Circuit on Wednesday to grant a North Dakota farm equipment company a rehearing in its patent infringement case against a rival. Read more »

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