Securities

  • August 28, 2024

    Cooley Adds O'Melveny Securities Litigation, Fintech Pro In LA

    Cooley LLP has expanded its California team, announcing Wednesday it has brought in an O'Melveny & Myers LLP securities litigation and fintech expert as a partner in its Los Angeles office.

  • August 27, 2024

    Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit

    Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.

  • August 27, 2024

    Exec To Pay SEC $190K Over Macquarie Insider Trading Claim

    The U.S. Securities and Exchange Commission says a New York man who used inside information he learned as a Macquarie Group investor relations executive to profit from a then-pending deal to sell its airport services business to KKR & Co. has agreed to pay nearly $190,000 to settle the agency's claims that he violated securities laws. ​

  • August 27, 2024

    Electric Jet Co. Grounds Investor Suit Over SPAC Disclosures

    Investors in German aerospace company Lilium have failed to adequately allege that the company lied about its electric jet production efforts as it went through a $3.3 billion go-public merger with a special purpose acquisition company, a Florida federal judge determined in permanently tossing the suit.

  • August 27, 2024

    Reddit Beats Pay-Per-Click Advertising Class Action, For Now

    Reddit Inc. has defeated, for now, LevelFields Inc.'s proposed contract breach class action alleging that it charged advertising customers for fake "clicks" that didn't result in corresponding traffic to the advertiser's website after a California federal judge said Tuesday that the plaintiff doesn't identify specific contractual provisions it thinks Reddit violated. 

  • August 27, 2024

    Navy Shipbuilder Pleads Guilty To Accounting Fraud

    A shipbuilder that contracts with the U.S. Navy pled guilty Tuesday to accounting fraud as part of a settlement to resolve criminal and civil investigations.

  • August 27, 2024

    NY Pension Funds Join Illumina Deal Suit Pile-On In Del.

    New York state's retirement system and fund have added a new derivative suit to widening stockholder litigation over Illumina Inc.'s $8 billion reacquisition of cancer testing company Grail Inc. despite European Commission regulatory agency opposition.

  • August 27, 2024

    CFTC Fines TOTSA $48M Over Market Manipulation Attempts

    Swiss energy trader TOTSA will pay $48 million for allegedly trying to manipulate the market for futures contracts linked to a type of refined gas mainly used in automobiles in Europe, the Commodity Futures Trading Commission announced Tuesday, with one commissioner dissenting over "flimsy evidence that is speculative and circumstantial." 

  • August 27, 2024

    SEC Cites Amazon's FTC Loss In Coinbase Document Dispute

    The U.S. Securities and Exchange Commission on Tuesday told a New York federal judge that a recent ruling denying Amazon's request to review internal documents from the Federal Trade Commission bolsters its own bid to shield internal communications in its enforcement suit against crypto exchange Coinbase.

  • August 27, 2024

    Self-Driving Truck Co. Inks $189M Deal To End Investor Suit

    Self-driving trucking company TuSimple Holdings Inc. has agreed to pay $189 million to settle a class action lawsuit alleging it misled investors about its safety record and payments to a Chinese rival that opened it up to U.S. government investigations, according to a filing in California federal court.

  • August 27, 2024

    Deutsche Bank, Rabo Beat Antitrust Suit Over Euro Bonds

    A New York federal judge has tossed an antitrust suit against Deutsche Bank AG and Rabo Securities USA, alleging they conspired to fix the price of European government-issued euro-dominated bonds sold throughout the U.S. between 2005 and 2016, saying the plaintiffs lack standing.

  • August 27, 2024

    Bank Seeks To End Claims It Mismanaged Treasury Program

    A bank is seeking to permanently dismiss a suit accusing it of misleading an investor about its oversight of a U.S. Department of Treasury contract, saying despite amending its case three times, the investor hasn't connected any sustained stock loss to contract issues.

  • August 27, 2024

    Del. Court Nixes Trump Media Contempt Bid In Share Suit

    A Delaware vice chancellor declined on Tuesday to find Donald Trump's social media venture in contempt for suing in Florida to block the release of two Trump Media & Technology Group founders' shares, while the same founders are battling for the stock in the Court of Chancery.

  • August 27, 2024

    Colo. Co. Deprived Analyst Of $58M Stock Deal, Judge Rules

    An Illinois federal judge has found that a Wall Street analyst and investor suffered damages worth nearly $58 million when a Colorado company and its president failed to compensate him with millions of shares as part of a consulting agreement.

  • August 27, 2024

    2nd Circ. Urged To Reject Preemption Defense In BofA Row

    The Second Circuit should join fellow federal courts in finding that a New York statute requiring all banks to pay at least 2% interest on mortgage-escrow accounts isn't preempted, a former Bank of America mortgage customer has told the appeals court following the U.S. Supreme Court's remand of the matter.

  • August 27, 2024

    Clark Hill Adds Atty In NYC From Schoeman Updike

    Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.

  • August 27, 2024

    NFL Union Sues DraftKings Over Broken NFT Licensing Deal

    The NFL Players Association has accused DraftKings Inc. of failing to make good on a licensing agreement when the online sportsbook decided to cease payments after shuttering its nonfungible token marketplace in the wake of a civil suit that argued DraftKings' NFTs offended securities laws.

  • August 27, 2024

    SEC Says Adviser Touted AI Project, Phony IPO To Fleece $6M

    The U.S. Securities and Exchange is accusing a China-based asset management firm of absconding with $6 million in client funds after making a rash of false claims about investing the money with the aid of artificial intelligence and after attempting to drum up interest in an initial public offering that never materialized.

  • August 27, 2024

    New Jersey Man Gets 3 Years In Prison For Forex Fraud

    A New Jersey man deemed a "modern day snake oil salesman" by Philadelphia's top federal prosecutor has been sentenced to just over three years in prison for defrauding hundreds of investors out of more than $500,000.

  • August 27, 2024

    Treasury Asked To Scrap Stock Buyback Tax's Funding Rule

    Business groups urged the U.S. Treasury Department on Tuesday to remove what's known as the funding rule in forthcoming final regulations on the stock buyback tax, saying the provision would go beyond Congress' intentions for the levy, which aims to deter companies from giving outsize rewards to shareholders.

  • August 27, 2024

    Nasdaq Seeks SEC's Green Light To Launch Bitcoin Options

    The Nasdaq stock exchange said Tuesday it is seeking regulatory approval to allow the listing of an options tool that tracks the price of bitcoin, a move designed to expand institutional and retail trading of cryptocurrency-related assets.

  • August 27, 2024

    Wells Fargo Seeks To Scrap Ex-Worker's $22M ADA Verdict

    Wells Fargo urged a North Carolina federal court to upend a jury's $22.1 million verdict in favor of a former investment director who alleged he was laid off so the company wouldn't have to accommodate his paralyzed colon and bladder, arguing the evidence presented doesn't support jurors' conclusions.

  • August 27, 2024

    Colo. Startup Founder Disbarred For Conflicts, Dishonesty

    A Denver attorney who co-founded and provided legal services for a publicly traded software startup has been disbarred in Colorado for widespread misconduct including failing to inform the company that he issued stock in excess of what had been authorized, practicing law with a suspended license, and conversion of thousands of dollars in corporate funds.

  • August 27, 2024

    New Cigna CLO Vows To Help Co. Navigate 'Dynamic' Industry

    Cigna has promoted one of its in-house lawyers, who has spent her in-house and private practice career in the healthcare space, to chief legal officer, according to a LinkedIn post.

  • August 27, 2024

    Winston & Strawn Hires Morgan Lewis Healthcare Partner

    An attorney specializing in healthcare law recently moved to Winston & Strawn LLP's Houston office after practicing for nearly five years at Morgan Lewis & Bockius LLP.

Expert Analysis

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Advisers Can Avoid Gaps In SEC Marketing Rule Compliance

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    A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • Banks As Crypto Custodians May Rest On SEC Bulletin's Fate

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    Banks' willingness to accept custody of cryptocurrency assets, like the exchange-traded funds approved by the U.S. Securities and Exchange Commission this spring, may hinge on whether a 2022 SEC accounting bulletin directing banks to track customers' digital assets on their balance sheets can survive Congress' attempts to strike it down, says Roger Chari at Duane Morris.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Takeaways From Regulators' £61.6M Citigroup Trading Fine

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    Following the Financial Conduct Authority and Prudential Regulation Authority’s recent significant fining of Citigroup for its catastrophic trading error, and with more enforcement likely, institutions should update their controls and ensure system warnings do not become routine and therefore disregarded, says Abdulali Jiwaji at Signature Litigation.

  • Big Banks Face Potential Broader Recovery Plan Rules

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    The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.

  • Practical Private Equity Lessons From 2 Delaware Deals

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    A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • 4 Tips For Drafting Earnouts To Avoid Disputes

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    Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

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