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Securities
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December 02, 2025
FDIC Secures Dismissal Of SVB Cayman Deposit Suit
A California federal judge has permanently tossed a suit against the Federal Deposit Insurance Corp. brought by liquidators of the Cayman Islands branch of collapsed Silicon Valley Bank, finding they lack standing to sue the agency and are barred from relitigating issues already decided in bankruptcy court.
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December 02, 2025
Wells Fargo Beneficiary's Hidden Trust Claims Are Too Late
Wells Fargo has beaten claims that it intentionally concealed a Massachusetts man's trust fund and drove him to financial instability, after a federal judge found the man didn't take appropriate steps to find his trust decades earlier.
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December 02, 2025
Citadel Securities Can't Duck Microchip Patent Claims
An Illinois federal judge has denied Citadel Securities' attempt to escape a software company's patent infringement claims related to computer microchips, saying she was not convinced that the patents at issue were too abstract to be valid.
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December 02, 2025
Three Arrows Boosts $1.5B FTX Claim Tied To Crypto Winter
The liquidators of defunct crypto hedge fund Three Arrows Capital defended their $1.53 billion claim against FTX months after the failed exchange called it "baseless," telling a Delaware bankruptcy judge that its assets at FTX were sold just weeks before its collapse in what amounts to "classic preference."
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December 02, 2025
FAT Brands Sued In Del. For Docs On Spinoff, Other Moves
A stockholder of the FAT Brands Inc. global restaurant family sued for corporate books and records in Delaware's Court of Chancery Monday, pointing to allegedly suspicious transactions and purported debt pressures, and citing what was described as a history of purported "economic malfeasance" by FAT's management.
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December 02, 2025
Twitter Investors Lose Bid To DQ Musk Counsel Spiro
A California federal judge has denied an attempt by Twitter investors to have Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro disqualified from serving as both lead counsel for Elon Musk and a witness in a trial over claims that Musk tried to tank Twitter's stock.
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December 02, 2025
Crypto-Focused Forward Industries Taps Fintech Vet As GC
Solana treasury company Forward Industries Inc. has tapped the former chief legal officer of digital broker-dealer Securitize Inc. and top lawyer at crypto-focused Anchorage Digital to serve as its general counsel.
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December 02, 2025
SEC's Atkins Pushes To Broaden Small Business Criteria
U.S. Securities and Exchange Commission Chairman Paul Atkins said on Tuesday that the agency should push to change the definition of small business so that more publicly traded companies can forgo what he considers to be burdensome regulatory requirements.
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December 02, 2025
FINRA Says Firm Broke Reg BI With Private Placement Sales
A Manhattan brokerage faces Financial Industry Regulatory Authority claims that it recommended $24 million in investments without a reasonable basis to believe they were in the best interest of its clients, while the firm's CEO was accused of pocketing undisclosed markups and its chief compliance officer allegedly failed to conduct due diligence on the offerings.
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December 02, 2025
Approach The Bench: Judge Robart On Living Under Threats
It's been nearly nine years since U.S. District Judge James Robart blocked President Donald Trump's 2017 executive order barring travel from seven Muslim-majority countries, and though the judge has had a long career — including groundbreaking patent and securities decisions — he still occasionally gets recognized as that "so-called judge."
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December 01, 2025
Bristol-Myers Must Face Trimmed $6.7B Celgene Investor Suit
A Manhattan federal judge Monday trimmed UMB Bank's lawsuit accusing Bristol-Myers Squibb of slow-walking the U.S. Food and Drug Administration approval process for three drugs to avoid paying shareholders $6.7 billion owed from its 2019 acquisition of Celgene Corp.
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December 01, 2025
Fed Sees Shrinking Number Of Open Exam Findings At Banks
The Federal Reserve on Monday reported broad declines in open supervisory issues at financial institutions under its oversight during the first half of the year, a shift that comes as the Trump administration is pursuing efforts to rein in examiner criticism of banks.
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December 01, 2025
DC Circ. Wonders If SEC Arbitration Decision Was Too Brief
At least one judge on the D.C. Circuit wondered Monday whether the SEC presented too "bare bones" of an opinion when rejecting a petition to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority.
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December 01, 2025
Terraform Founder Seeks Five Years At Most For Crypto Fraud
Terraform founder Do Kwon has asked a Manhattan federal judge to impose no more than five years of imprisonment after he admitted to misleading users about the stability of the crypto project, noting he still has to face "certain future detention in Korea" over the stunning collapse that wiped out $40 billion in value.
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December 01, 2025
Kalshi Users Bring Class Action Over 'Illegal' Sports Gambling
Kalshi Inc. has been hit with a proposed class action in New York federal court alleging that the platform is falsely marketing itself as a "prediction market," when in reality it is running an illegal sports gambling operation.
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December 01, 2025
Robinhood Looks To Block Nevada Sports Wager Order
Robinhood Derivatives LLC asked a Nevada federal judge to pause state regulators from taking action over the trading platform's sports wagers while it pursues an appeal of a related court order, arguing the case presents important, novel and complex legal questions that warrant appellate review.
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December 01, 2025
White House Crypto Czar Hired Clare Locke Amid NYT Probe
The tech founder-turned-White House crypto and artificial intelligence czar David Sacks has hired defamation specialists at Clare Locke LLP to combat a New York Times investigation into potential conflicts of interest arising from his personal tech investments and role as a White House policy adviser.
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December 01, 2025
Ex-NBA Vet Haslem Prepares To Exit Sprawling FTX Litigation
Longtime Miami Heat forward turned NBA broadcaster Udonis Haslem has reached a settlement with investors over his alleged role in promoting the now-defunct FTX cryptocurrency exchange before its collapse in late 2022.
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December 01, 2025
Chancery OKs $9.4M Deal To End Sears Take-Private Suit
Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.
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December 01, 2025
Kessler Topaz To Lead Apple Investors In Siri AI Plans Suit
Kessler Topaz Meltzer & Check LLP will represent a putative class of Apple investors who claim the technology giant was overly bullish on its timeline for implementing certain artificial intelligence-based features for its digital personal assistant Siri.
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December 01, 2025
CFTC's Pham Expands 'Due Process' For Enforcement Targets
The U.S. Commodity Futures Trading Commission announced changes to its investigation process Monday that the acting chair said are meant to protect the due process rights of those who are accused of wrongdoing by agency attorneys.
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December 01, 2025
11th Circ. Reverses Energy Co. Win In Investor Suit
The Eleventh Circuit has revived a proposed class action against NextEra Energy Inc. seeking to hold the energy company liable for a drop in its share price after political interference allegations emerged against its subsidiary Florida Power and Light Co.
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December 01, 2025
Bitcoin Treasury Co. Names New General Counsel
Bitcoin Treasury company Strategy announced Monday that it has brought on a new general counsel, the former legal chief of blockchain platform company Chia Network Inc., according to a filing with the Securities and Exchange Commission.
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December 01, 2025
Attys Seek $99M From Colgate-Palmolive ERISA Pension Deal
Attorneys representing Colgate-Palmolive retirees asked a New York federal court to approve $99 million in attorney fees and expenses from a $332 million megadeal ending claims the company skimped on pensioners' lump-sum retirement payouts, a request that comes after the court initially signed off on the settlement in October.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
Expert Analysis
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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.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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Liquidity Rule Compliance Still Vital Even After SEC Dismissal
Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.