Securities

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    11th Circ. Again Affirms Atty's Stock Fraud Conviction

    The Eleventh Circuit has affirmed an attorney's fraud conviction for the second time, flatly rejecting his revived argument that the government violated his due process rights by allowing false testimony at trial in 2013.

  • July 14, 2020

    2nd Circ. Urged To Restore Alstom Exec's Bribery Conviction

    Federal prosecutors asked the Second Circuit on Monday to reverse a trial judge's ruling clearing former Alstom SA executive Lawrence Hoskins of bribery, saying the judge was wrong to override the jury's guilty verdict.

  • July 14, 2020

    Rising Star: Jenner & Block's Nicole Allen

    Nicole Allen of Jenner & Block LLP has defended clients in complex commercial litigation, like commodities and securities class actions, financial fraud cases and enforcement actions from federal agencies, including helping Kraft Foods Group successfully fight fraud and price manipulation claims by the Commodity Futures Trading Commission, securing her a place as one of six securities attorneys under age 40 honored by Law360 as Rising Stars.

  • July 14, 2020

    Nektar Dodges Stock-Drop Suit Over Poor Study Results

    A California federal judge has dismissed a stock-drop proposed class action against biopharmaceutical research company Nektar, saying investors hadn't provided specific details in their allegations that the company misled them about cancer drug trials.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Louisiana Can Amend GSE Bond-Rigging Suit Over Objections

    A Louisiana federal judge ruled Monday that the Pelican State can again amend its suit alleging that Barclays and other big banks conspired to rig prices of bonds issued by government-sponsored enterprises like Fannie Mae and Freddie Mac, mooting a second round of dismissal bids over protestations from banks.

  • July 13, 2020

    Greka Owes Another $54M In Loan Default Suit, UBS Says

    UBS told a New York federal judge that energy holding company Greka Integrated Inc. owes it an additional $54 million in interest, fees and costs after the bank's early victory in its suit over Greka's failure to repay $100 million in loans.

  • July 13, 2020

    'Copycat' Suit 'Drops The Ball,' GPB Investors Claim

    A proposed class of GPB Capital Holdings investors suing a slew GPB entities claim attorneys in a later-filed "copycat" suit are "double-dipping" by seeking to represent some investors in court and others via arbitration, according to documents filed Friday in a Texas federal court.

  • July 13, 2020

    Zohar Can Continue Ch. 11 Sale Plans Despite End Of Stay

    A Delaware federal judge on Monday upheld a September bankruptcy court decision that the sale of the Zohar Funds portfolio companies must continue despite the end of the stay of litigation between the funds and founder Lynn Tilton.

  • July 13, 2020

    SEC Plan To Ax Disclosures Seen As Boon For Smaller Funds

    A plan from the U.S. Securities and Exchange Commission to vastly limit the number of fund managers filing certain quarterly disclosures has raised concerns about transparency, but supporters believe it could cut down on unnecessary red tape for smaller firms, slashing legal expenses while preventing others from "copycatting" their investment methods.

  • July 13, 2020

    Ideanomics Investors Sue Over 'Shifty' Biz, Stock Drops

    Financial technology company Ideanomics was hit with a shareholder derivative suit filed in New York federal court Friday, alleging executives knew the company ran a "shifty business model" that resulted in stock prices dropping several times over a few years.

  • July 13, 2020

    Chancery Won't Toss $189M Jefferies-HomeFed Merger Suit

    Diversified financial company Jefferies Financial Group Inc. and seven HomeFed Corp. directors on Monday lost a bid for dismissal of a Chancery Court suit accusing them of unfair conduct in a $189 million, two-for-one stock deal that gave Jefferies all HomeFed stock not already owned by the financial company.

  • July 13, 2020

    Calif. Firm Sues Oracle Again Over Lack Of Black Directors

    A California law firm behind suits calling for sweeping changes at Facebook Inc. and Oracle Corp. over their respective approaches to diversity has hit the latter with a second derivative action nearly identical to the first.

  • July 13, 2020

    2nd Circ. Revives NewLink Investor Suit Over Cancer Drug

    The Second Circuit on Monday revived a proposed class action that accuses NewLink Genetics Corp. executives of making misrepresentations while touting the biopharma company's pancreatic cancer treatment.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Crypto App Pays SEC, CFTC $300K For Unregistered Swaps

    Financial regulators hit California-based Abra and related Philippines-based entity Plutus Technologies with $300,000 in penalties for illegally selling a variety of unregistered digital asset-based and security-based swaps outside any regulated exchange, according to orders filed Monday.

  • July 13, 2020

    Pot Co. IAnthus Aims To Trim $169M Debt Amid Investor Suits

    Embattled cannabis company iAnthus Capital Holdings Inc. unveiled a restructuring support deal Monday that would wipe out nearly $70 million in debt and resolve a creditor lawsuit in Canadian court as the company looks to fend off litigation over its financing practices. 

  • July 13, 2020

    Perrigo Investors Push For Class Action Over Irish Tax Audit

    Two Florida public service pension funds are qualified to lead an investor class action accusing drugmaker Perrigo of harming investors by waiting to tell them about a nearly $2 billion tax charge, the funds' attorneys told a federal court.

  • July 13, 2020

    Securities Litigation To Watch In 2020: Midyear Report

    Securities litigation during the first half of 2020 has been dominated by cases related to the ongoing COVID-19 pandemic and its many effects on the economy.

  • July 13, 2020

    $60M Blue Bell Listeria Settlement Gets Chancery Court Nod

    A $60 million-plus Blue Bell Creameries settlement that includes $9 million in attorney fees cleared Delaware's Chancery Court on Monday, ending a milestone legal battle over controlling limited partner liability for deadly food contamination failures that forced the temporary shutdown of the ice cream maker in 2015.

  • July 13, 2020

    VW Tells 9th Circ. That Bondholder Can't Flout Fraud Standard

    Volkswagen told the Ninth Circuit that there will be a surge in abusive securities fraud litigation as a result of a district court decision keeping alive claims it duped a pension fund into buying overpriced bonds by not mentioning its emissions-cheating scandal in offering documents.

  • July 13, 2020

    Rising Star: Cahill Gordon's Sheila C. Ramesh

    Sheila Ramesh of Cahill Gordon & Reindel LLP scored a series of big wins within just a month's span, including Credit Suisse's successful class certification fight in a $21 billion antitrust class action after all of the bank's co-defendants had settled, earning her a spot as one of six securities law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

Expert Analysis

  • Final IRS Rules On REIT Dividends Create Statutory Conflict

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    The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

  • 3 Ways High Court's Liu V. SEC Ruling Curtails FTC Authority

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    The U.S. Supreme Court's recent ruling in Liu v. U.S. Securities and Exchange Commission limited the Federal Trade Commission's authority in important ways, and the court's eventual decision in FTC v. Credit Bureau Center could prevent the regulator from seeking disgorgement or restitution altogether, say attorneys at Sidley.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • 5 Compliance Lessons From Novartis' FCPA Settlement

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    Novartis' parallel settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission to resolve criminal Foreign Corrupt Practices Act allegations emphasize risk points for life sciences companies, especially for repeat offenders, say attorneys at Paul Hastings.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Alleged ICO Fraud Highlights Compliance Considerations

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    Parallel U.S. Department of Justice and U.S. Securities and Exchange Commission fraud charges connected with NAC Foundation's digital currency offering draw attention to the use of undercover agents in financial crime investigations, the risk of retaining questionable service providers, and heightened securities law scrutiny in the space, says Casey O'Neill at Fenwick.

  • Redefining Commercially Reasonable Foreclosure Sales In NY

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    As a result of the COVID-19 pandemic and ensuing shelter-in-place regulations, mezzanine lenders will likely want to account for the changing Uniform Commercial Code landscape and recent New York state court rulings when approaching foreclosure sales and litigation, say attorneys at King & Spalding.

  • How New Fla. Real Estate Remedies May Benefit Lenders

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    Although Florida's recently passed Uniform Commercial Real Estate Receivership Act isn't specifically intended as COVID-19 relief, it should give lenders a better framework for contemplating receivership, streamlining commercial foreclosures and protecting their interests in the looming increase in foreclosures, say attorneys at Nelson Mullins.

  • 5 Emerging Trends In Growth Equity Deals

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    Growth equity investments in mid- to late-stage private companies are marching on despite the pandemic, but there has been a noticeable shift in certain aspects of these deals, particularly around key economic protections for investors, say Cameron Contizano and Alese Bagdol at Goodwin.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Mining Project Highlights Cultural Heritage Risk For Cos.

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    Global condemnation of iron ore miner Rio Tinto's recent destruction of sacred indigenous sites in Australia demonstrates that failure to address cultural heritage risk can destroy corporate reputations, stock prices and the social license companies use to advance development projects, say Marion Werkheiser and Katherine Sorrell at Cultural Heritage Partners.

  • US-China Relationship Holds Lessons For US-India Trade

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    Although the rapport between India and the U.S. has improved amid the coronavirus pandemic, the U.S.-China relationship should teach companies that increased closeness in trade comes with increased risk of U.S. investigation and enforcement, says Vasu Muthyala at Kobre & Kim.

  • 2 Investment Advice Rulings Offer Lessons On Insider Liability

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    The Second Circuit's recent dismissals in Rubenstein v. International Value Advisers and Rubenstein v. Rofam may make it harder for plaintiffs seeking to impose liability premised on the existence of an insider group comprising an adviser and its clients, say Renee Zaytsev and Philip Sineneng at Thompson Hine.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Berman Ouster May Not Be The End Of SDNY Drama This Year

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    While the dust appears to have settled after the surreal departure of U.S. Attorney Geoffrey Berman from the Southern District of New York last month, the interim tenure of Acting U.S. Attorney Audrey Strauss bears close watch in this fraught moment leading up to the presidential election, say Danya Perry and Samidh Guha at Perry Guha.

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