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Securities

January 20, 2026
SEC Picks Kirkland Partner For Corp. Finance Deputy Director

The U.S. Securities and Exchange Commission announced Tuesday that a Kirkland & Ellis LLP partner and counsel to a former commissioner will be deputy director of the Division of Corporation Finance.
January 20, 2026
Delaware Supreme Court Reverses Moelis Governance Ruling

The Delaware Supreme Court on Tuesday reversed a Chancery Court ruling that had invalidated key provisions of Moelis & Co.'s stockholder agreement, holding that the challenged governance provisions were not void but merely voidable, and that a stockholder challenge brought nearly nine years later was time-barred.
January 20, 2026
Broker-Dealer, Mutual Firm Fight Trimmed By Judge

A Washington federal judge has dismissed claims by financial services company Leader Capital Corp., accusing a broker-dealer and a marketing services company of making misleading representations to investors about Leader Capital's compliance with securities laws, but allowed a counterclaim by the broker-dealer to proceed.
January 20, 2026
FTX Trust Hit With Sanctions After Ch. 11 Donation Fight Loss

The FTX Recovery Trust is facing sanctions after losing its bid to claw back a $650,000 bonus given to an employee of the defunct cryptocurrency exchange that was earmarked for charitable purposes, with a Delaware bankruptcy judge saying the trust's efforts were harmful to all parties involved.
January 20, 2026
Coinbase And Kalshi Contracts 'Siphoning' Money, Tribes Say

Battles between crypto titan Coinbase, derivative exchange KalshiEX LLC and Connecticut officials over the legality of sports-related event contracts directly impact "tribal sovereignty over gaming that occurs on Indian lands," a coalition of American Indian tribes and tribal associations told a federal judge in proposed amicus briefs that side with the state government.
January 20, 2026
CorMedix Investors Seek First OK Of Governance Reform Deal

Investors in CorMedix Inc. have told a New Jersey federal judge that company directors have agreed to implement several corporate governance reforms to resolve a consolidated shareholder derivative lawsuit accusing the executives of making misleading statements about delays in the regulatory approval of the company's lead drug candidate.
January 20, 2026
Ogletree Adds Federal Agency Vets As Practice Co-Chairs

Ogletree Deakins Nash Smoak & Stewart PC announced Tuesday that it has tapped a prominent U.S. Securities and Exchange Commission alum from Arnold & Porter Kaye Scholer LLP to co-chair its whistleblower and compliance practice group and a former U.S. Department of Justice litigator from Booz Allen Hamilton to co-chair its government contracting and reporting practice group.
January 20, 2026
CFTC Chair Calls Up Ex-BigLaw Atty For Adviser Role

U.S. Commodity Futures Trading Commission Chair Michael Selig on Tuesday appointed a former Simpson Thacher & Bartlett LLP crypto attorney and a former Treasury Department employee to advise him as he promised to update the agency's rulebook to "unleash innovation."
January 20, 2026
4th Circ. Caps Under Armour's Insurance Coverage At $100M

Under Armour's public financial forecasts and its accounting practices are a single claim under its insurers' excess policy language because they are "logically or causally related," the Fourth Circuit found Tuesday, overturning a trial court's ruling and capping the sportswear company's coverage at $100 million.
January 20, 2026
Catching Up With Delaware's Chancery Court

The Delaware Chancery Court wrapped up last week with a mix of deal litigation, governance fights and disclosure battles, including a proposed settlement over a contested medical device sale, a merits dismissal tied to a $2 billion biotech exit and dueling lawsuits over Paramount Skydance's pursuit of Warner Bros. Discovery.
January 16, 2026
Law360 Names Practice Groups Of The Year

Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
January 17, 2026
Up Next At High Court: Fed Firing & Gun 'Vampire Rules'

The Supreme Court will begin a short argument week Tuesday, during which the justices will consider President Donald Trump's authority to fire a Democratic Federal Reserve governor over allegations of mortgage fraud, as well as the ability for states to presumptively bar gun owners from carrying firearms onto private property open to the public unless the property owner explicitly allows it.
January 16, 2026
SEC Fines Adviser Over Black Rifle Coffee SPAC Deal Conflict

Engaged Capital LLC was fined $200,000 by the U.S. Securities and Exchange Commission and agreed to a censure Friday over allegations the investment adviser failed to disclose conflicts of interest related to a special purpose acquisition company merger with Black Rifle Coffee Co. in 2022.
January 16, 2026
OCC's Gould Takes Aim At Resolution Planning 'Industry'

A top federal regulator called Friday for a sweeping rethink of rules intended to ensure big, complex banks can be safely wound down in a crisis, including potentially ending requirements to file so-called living wills with the Federal Deposit Insurance Corp.
January 16, 2026
Stock Buyback Ban Could Shrink Defense Industrial Base

The Trump administration's move to bar defense contractors from buying back their stock or paying shareholder dividends if they are underperforming on their contracts could make companies reconsider working with the U.S. government and counteract the administration's stated goals.
January 16, 2026
SEC Secures $39M Orders Wrapping Fla. Investor Fraud Suit

The U.S. Securities and Exchange Commission has gotten final judgments totaling nearly $39 million to wrap up claims that a Florida hedge fund manager, associated entities and their owner defrauded would-be investors by concealing self-dealing and misappropriation.
January 16, 2026
SEC Fines Biopharma Co. Execs Over Hidden FDA Findings

Former executives of Spero Therapeutics will pay over $187,000 to settle the U.S. Securities and Exchange Commission's claims they downplayed the likelihood that the U.S. Food and Drug Administration would reject the biopharmaceutical company's new drug application in 2022, the commission said on Friday.
January 16, 2026
SEC Fines 'Cash Flow King' Podcaster $3M For Ponzi Scheme

A podcast host dubbed the "Cash Flow King" will pay $3.3 million to settle claims that he ran a multiyear Ponzi scheme that cheated investors out of $11 million through bogus real estate investments, the U.S. Securities and Exchange Commission announced Friday.
January 16, 2026
Lifecore Investors Ink $3.8M Deal In Accounting Controls Suit

Biotech company Lifecore Biomedical Inc. has reached a $3.8 million deal with its investors to end their claims the company had weak controls over its financial reporting, impairing its ability to remain compliant with Nasdaq listing requirements and causing share declines.
January 16, 2026
6th Circ. Revives Biomed Co. Investor's Suit Over Stock Sale

The Sixth Circuit has ruled that a man who sold his stock in a biomedical research company just before being told the company planned to pursue private equity financing can bring his breach of contract and fiduciary duty claims, reversing a lower court's ruling granting summary judgment to the biomedical company.
January 16, 2026
$29M Deal In Boeing Supplier Fraud Suit Gets Final OK

A New York federal judge on Friday approved a $29 million deal to close out a suit alleging that Spirit AeroSystems Holdings Inc. misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, The Boeing Co., with defective plane parts.
January 16, 2026
SIFMA Presses SEC To Reverse Nasdaq Fee Hike

The Securities Industry and Financial Markets Association is urging the U.S. Securities and Exchange Commission to force Nasdaq and other exchanges to stop collecting new fees that the organization argues were allowed to go live with little detail as to why they were necessary or how they comply with the law and past SEC guidance.
January 16, 2026
Acadia Investors Get Initial OK For $179M Settlement

Acadia Healthcare Co. Inc. investors have received the first OK from a Tennessee federal judge for a $179 million settlement in a class action alleging the company misled them about the strength of its U.K. operations.
January 16, 2026
Pomerantz To Lead Biohaven Investors' FDA Approval Suit

Pomerantz LLP will lead a proposed class of investors accusing biopharmaceutical company Biohaven Ltd. of overstating the odds that two of its product candidates would receive regulatory approval, a Connecticut judge said Friday.
January 16, 2026
Judge Yanks $41M Atty Fee Award In SPAC Merger Suit

A Texas federal judge has rescinded an attorney fee award of over $41 million to Robbins Geller Rudman & Dowd LLP, Labaton Keller Sucharow LLP and Entwistle & Cappucci LLP after the firms became engaged in a dispute over the amount of work done and the allocation of fees, among other things.

Expert Analysis

Justices' Separation-Of-Powers Revamp May Hit States Next

The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
Preparing For Congressional Investigations In A Midterm Year

2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
Key Trends Shaping ESG And Sustainability Law In 2026

2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
How Bank M&A Prospects Brightened In 2025

Even with less-than-ideal macroeconomic conditions in 2025, federal banking regulators' shift away from procedural concerns to focus more on core financial risks boosted M&A in several key ways, including shorter review timelines and increased interest in de novo charters, say attorneys at Arnold & Porter.
3 Securities Litigation Trends To Watch In 2026

Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
4 Developments That Defined The 2025 Ethics Landscape

The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
Navigating AI In The Legal Industry

As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
Regulatory Rollback And Lingering Limbo: The CFPB In 2025

The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.
2025 Calif. Banking Oversight Centered On Consumer Issues

The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
The Major Securities Litigation Rulings And Trends Of 2025

The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.
The CFTC's Road Ahead Under Newly Confirmed Chair

Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.
How Fractional GCs Can Manage Risks Of Engagement

As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26

With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.
Changes In Crypto, Cybersecurity Defined NY Banking In 2025

The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.