Securities

  • July 17, 2026

    Del. Says Counter-Counterclaims Are Allowed In Crypto Case

    The Delaware Chancery Court has recommended denying a cryptocurrency holding company's bid to throw out a former executive's breach of contract claim, concluding that Delaware's procedural rules permit so-called "counter-counterclaims" and rejecting arguments that the claim was barred by res judicata or was untimely under the doctrine of laches.

  • July 17, 2026

    Rakoff Tells Investors Big Banks Were Tricolor Fraud Victims

    U.S. District Judge Jed S. Rakoff has entered an opinion explaining why he tossed an investor suit last month accusing JPMorgan, Barclays and Fifth Third of facilitating a fraudulent scheme by bankrupt subprime auto lender Tricolor Holdings, saying the suit does not establish the banks' motivations.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    Eye On ERISA: Jerry Schlichter Talks 401(k) Litigation, Theory

    Plaintiff-side litigation veteran Jerry Schlichter, founding and co-managing partner of Schlichter Bogard LLP, told Law360 that highlights among the firm's recent legal victories include a reported settlement to end 401(k) investment litigation against ADP, as well as a $150 million settlement in a toxic lead emissions case.

  • July 17, 2026

    6th Circ. Won't Rehear Mark Cuban-Backed FINRA Challenge

    A Sixth Circuit panel has declined to grant a full rehearing of a constitutional challenge of the Financial Industry Regulatory Authority's in-house disciplinary proceedings brought by the owner of a financial consulting company that had support from billionaire entrepreneur Mark Cuban.

  • July 17, 2026

    Ex-SEC Worker's Son Posted Probe Info Online, OIG Says

    The U.S. Securities and Exchange Commission's Office of Inspector General said Friday that prosecutors declined to prosecute a now-retired SEC employee for purportedly sharing information about an active enforcement investigation with her son, who then posted information about the matter on social media.

  • July 17, 2026

    Rivian Hit With Chancery Derivative Suit Over EV Demand

    A Rivian Automotive Inc. stockholder has filed a derivative lawsuit in the Delaware Chancery Court accusing the electric-vehicle maker's current and former directors and officers of misleading investors about customer demand, production growth and the company's path to profitability, allegedly exposing Rivian to significant legal costs and potential liability.

  • July 17, 2026

    Senate Bill Would Ease SEC Reporting For Rural Telecoms

    A bipartisan Senate bill would make it easier for small, rural communications providers to prepare reports to the U.S. Securities and Exchange Commission when obligated to submit paperwork for certain financial events.

  • July 17, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Snapchat and Dolby press on with a fresh infringement claim in their ongoing patent battle, The Telegraph face an intellectual property claim by a photo archive, a group of international human rights barristers and chambers sued, and oil business Equinor embroiled in a contract dispute with BP after recently acquiring full ownership in their offshore project. Here, Law360 looks at these and other new claims in the U.K.

  • July 16, 2026

    Kalshi Says Gov't Employee Traded On Trump Speeches

    Kalshi said Thursday that it's working with the U.S. Commodity Futures Trading Commission to address suspicious trades on the president's speeches that appear to have netted a federally employed teleprompter operator approximately $90,000.

  • July 16, 2026

    Regulators Set New Protocols For 'Sensitive' Bank Exam Data

    Federal regulators said Thursday that they are stepping up their protocols for handling bank data and documents during supervisory examinations, outlining a new policy that will allow banks to designate certain "highly sensitive" information for stricter access control measures.

  • July 16, 2026

    Senate Unanimously Opposes SBF's Quest For Clemency

    The U.S. Senate has passed a resolution condemning Sam Bankman-Fried's bid for a presidential pardon, making clear that lawmakers on both sides of the aisle oppose clemency for the imprisoned FTX founder.

  • July 16, 2026

    Pharma Co. Beats Investor Suit Over Prostate Drug Trial

    A Wisconsin federal judge ruled Wednesday that investors of prostate cancer treatment developer Essa Pharma Inc. have not shown they were misled by the company on the efficacy of its lead drug candidate, which was not as effective as an existing treatment for certain cancer patients in a terminated clinical trial.

  • July 16, 2026

    NJ Justices Clarify FCA Amendment In Reviving Bank Suit

    The New Jersey Supreme Court on Thursday revived whistleblower claims accusing Bank of America, Wells Fargo and other financial giants of fraud in the setting of interest rates on certain municipal bonds, saying that a lower court improperly blocked the attorney general from exercising authority in the litigation.

  • July 16, 2026

    Fat Brands Execs Beat Investor Suit Over $47M Loan Scheme

    A California federal judge has dismissed former and current Fat Brands executives from a proposed class action accusing them and the restaurant group of falsely claiming to be cooperating with the government's investigations into allegations that its CEO orchestrated a $47 million loan scheme, causing stock prices to plunge when criminal charges were announced.

  • July 16, 2026

    SEC Proposes Making E-Delivery Default For Investor Docs

    The U.S. Securities and Exchange Commission on Thursday proposed a new rule that would allow electronic delivery to be the default method for sending investors disclosures, shareholder reports, proxy statements and other information, replacing a standard by which many documents are delivered in paper format unless the recipient chooses otherwise.

  • July 16, 2026

    Wells Fargo, Ocwen Seek Win In ERISA Suit 2nd Circ. Revived

    Wells Fargo and Ocwen asked a New York federal judge for a pretrial win in a suit from union pension fund trustees accusing the companies of mishandling home loans tied to employee pension fund investments, after the Second Circuit partially knocked out the companies' earlier win in March.

  • July 16, 2026

    Zohar Trust Wins $2.4M In Lengthy Row With Lynn Tilton Firm

    Distressed debt investor Lynn Tilton's Patriarch Partners must pay roughly $2.4 million to the litigation trust for a trio of collateralized loan funds she founded in the 2000s, a New York federal judge has ruled, finding that Tilton's private equity firm breached a credit contract.

  • July 16, 2026

    BitConnect Promoter Owes SEC $1M, Judge Says

    A New York federal judge ordered a promoter of digital asset BitConnect to pay more than $1 million to end the U.S. Securities and Exchange Commission's claims that he earned hundreds of thousands of dollars by recruiting investors into an unregistered cryptocurrency lending program, rejecting his arguments that the payment should be reduced.

  • July 16, 2026

    Swedbank To Pay $50M Fine In Panama Papers-Linked Case

    Swedbank AB and its New York branch have agreed to pay a $50 million civil penalty to the New York State Department of Financial Services to resolve claims that the bank failed to fully cooperate with department requests for information related to Swedbank's relationships with Mossack Fonseca, the law firm at the center of the 2016 Panama Papers leak.

  • July 16, 2026

    2nd Circ. Shields Switzerland From Credit Suisse Bond Suit

    In a published opinion Thursday, the Second Circuit affirmed the dismissal of a $372 million bondholder suit against Switzerland over the 2023 collapse of Credit Suisse AG and the reduction in value of $17.3 billion of debt securities, agreeing with a New York judge that the country is immune from being sued in U.S. district court.

  • July 16, 2026

    Simpson Thacher 'Never' Explained Ill-Fated Deal, Exec Says

    A founder seeking over $100 million from Simpson Thacher & Bartlett over a transaction he says destroyed his insurance services company testified Thursday the law firm provided him no education on various words he wasn't familiar with in the deal.

  • July 16, 2026

    Holland & Knight Adds DLA Piper Industrials Sector Co-Chair

    Holland & Knight LLP announced that it has hired the former U.S. co-chair of DLA Piper's industrials sector as a partner in New York.

  • July 16, 2026

    GOP Sen. Tillis Presses Vought On DOGE's 'Amateur' Record

    Retiring Sen. Thom Tillis, R-N.C., on Thursday ripped into White House budget chief Russell Vought over the Trump administration's now-disbanded Department of Government Efficiency, pressing him repeatedly to substantiate its claims of massive taxpayer savings.

  • July 15, 2026

    Ex-Fed Adviser Gets 38 Months For Lying To Investigators

    A former senior adviser to the Federal Reserve Board of Governors was sentenced Wednesday to more than three years in federal prison for lying to investigators about sharing confidential information outside the agency, the U.S. Department of Justice announced.

Expert Analysis

  • Del. Dispatch: The Hurdles To Early Fraud Claim Dismissal

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    Particularly where the alleged facts may suggest potentially blatant or egregious misconduct, the pleading-stage standards highlighted in the Delaware Court of Chancery's recent decision in Diem v. Maisonette provide a ready route for the nondismissal of claims before a trial, say attorneys at Fried Frank.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • AI Investment Advice May Fail Investor Protection Rules

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    Based on an ongoing study of artificial intelligence platforms' investment advice given to retail investors, direct access to AI may not yield recommendations for typical households that are suitable under relevant securities rules, raising new and important issues in the regulation of financial markets, says Bruce Carlin at Rice University.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

  • SEC Clarifies 'Baby Shelf' Restrictions For Small Cos.

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    For smaller public companies looking to access the capital markets, the so-called baby shelf requirements can be a significant limitation, but recent guidance from the U.S. Securities and Exchange Commission helps to alleviate the effect of subsequent baby shelf restrictions on an at-the-market facility, say attorneys at Faegre Drinker.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Key Tronic Case Shows SEC Isn't Ignoring Controls Violations

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    The U.S. Securities and Exchange Commission's first nonfraud enforcement action against a public company during Chairman Paul Atkins' tenure reflects the commission’s willingness to bring enforcement actions that charge books and records and internal controls violations, despite deviating from policing technical violations, say attorneys at Cooley.

  • How Treasury's Stablecoin Test Will Shape State Oversight

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    The Treasury Department's recently proposed principles for judging whether state stablecoin regimes are "substantially similar" to the federal framework signal that issuers should expect stricter benchmarking against the bank agencies' standards, limited state flexibility and heightened pressure to reassess compliance as rules take shape, say attorneys at Baker McKenzie.

  • Operational AI Washing: A New Securities Class Action

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    In rising claims of operational AI washing — plaintiffs alleging that artificial intelligence was invoked to explain corporate business decisions in ways that may obscure underlying financial distress — earnings calls, restructuring disclosures and board-level communications will serve as key defense evidence, say attorneys at Akerman.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

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