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Securities

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Puerto Rico Fights Special Revenue Bond Insurer Appeal

    Puerto Rico and its federally appointed financial restructuring advisers urged the First Circuit on Monday to affirm a decision that has freed the commonwealth from an obligation to pay special revenue bondholders while it winds its way through bankruptcy-like proceedings, saying a reversal would “undermine critical infrastructure.”

  • July 10, 2018

    Ex-Deutsche Traders Get '11th Hour' OK For UK Testimony

    A New York federal judge on Tuesday granted a bid by two former Deutsche Bank traders accused of rigging the London Interbank Offered Rate who sought to depose a former British Bankers’ Association official, calling it an “11th hour and 59th minute” request and warning she wouldn’t budge on their September trial date.

  • July 10, 2018

    Feds Defend Spoofing Indictment Of Software Developer

    Federal prosecutors are pushing back on a software company executive’s bid to dismiss an indictment accusing him of participating in a spoofing scheme, telling an Illinois federal court on Monday that the anti-spoofing statute isn't unconstitutionally vague and the indictment wasn’t arbitrary.

  • July 10, 2018

    IHeartMedia Creditors Seek To Bring Claims Against Lenders

    The unsecured creditors of iHeartMedia Inc. asked a Texas bankruptcy judge on Monday to let them take control of and prosecute claims against the radio giant's more senior creditors, questioning the validity of certain liens that could affect overall Chapter 11 recoveries and billions of dollars' worth of claims.

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Big3 Basketball League Sues Exec to Prevent Share Sale

    Ice Cube’s three-on-three basketball league is suing to block its former commissioner from selling his stake in the league, telling a New York state court that the “faithless servant” is likely to have his shares clawed back in a parallel arbitration action.

  • July 10, 2018

    2nd Circ. Won't Revive ERISA Forex Suit Against Big Banks

    A Second Circuit panel on Tuesday upheld a New York federal judge's decision to toss claims accusing Credit Suisse, Deutsche Bank and 10 other banks of violating the Employee Retirement Income Security Act by rigging foreign exchange benchmarks, saying bank-run retirement plan participants didn't prove the banks acted as fiduciaries.

  • July 10, 2018

    Trump Issues Post-Lucia Order Nixing Exams For ALJs

    President Donald Trump on Tuesday issued an executive order eliminating the competitive examination and selection procedures for appointing administrative law judges, citing “sound policy reasons” for making the exception in the wake of the U.S. Supreme Court’s Lucia v. SEC ruling last month.

  • July 10, 2018

    Feds Want Max Prison Time For Broker's Stock Schemes

    A former broker caught in two separate market manipulation schemes that caused more than $50 million in intended investor losses should receive concurrent sentences of 60 months and 51 months, prosecutors told a New York federal judge on Monday, saying his low-ball bid for only 41 months ignores the seriousness of his crimes.

  • July 10, 2018

    3rd Circ. Won't Revive AXA Investors' Action Over Fees

    The Third Circuit on Tuesday refused to disturb a New Jersey federal court ruling dismissing with prejudice investors’ claims in a consolidated derivative action against AXA Equitable Life Insurance Co. alleging that its subsidiary collected excessive mutual fund management fees, finding that the court’s conclusions were not “clearly erroneous.”

  • July 10, 2018

    Woodbridge Noteholders' Bid To Nix Plan Exclusivity Denied

    Investors in The Woodbridge Group LLC lost their bid to terminate the plan exclusivity rights of the debtor Tuesday when a Delaware bankruptcy court judge determined there was no cause to allow competing plans in the case.

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    Ex-DOJ Fraud Section Official Starts White Collar Boutique

    Pablo Quiñones, a former official at the U.S. Department of Justice's Fraud Section is launching his own boutique white collar firm in Manhattan, Law360 confirmed on Tuesday.

  • July 10, 2018

    SEC Targets Ex-Heartland CEO, Girlfriend For Insider Trading

    The U.S. Securities and Exchange Commission on Tuesday accused Robert O. Carr, the founder and former CEO of Heartland Payment Systems Inc., of passing insider information on a $4.3 billion buyout offer by Global Payments Inc. to his girlfriend, telling a Connecticut federal court the pair skirted federal securities laws in doing so.

  • July 10, 2018

    USCIS Closes Vt. EB-5 Investor Center Over Ski Resort Fraud

    Vermont said Tuesday it has received a termination notice from U.S. Citizenship and Immigration Services, saying it is shutting down the Vermont Regional Center for immigrant investors after an alleged scheme to defraud EB-5 visa holders who invested millions of dollars in the state’s Jay Peak ski resort.

  • July 10, 2018

    Kavanaugh Dissent Shows Skepticism For Deference To SEC

    U.S. Supreme Court nominee D.C. Circuit Judge Brett Kavanaugh has earned a reputation for being skeptical of “overreaching” federal agencies, a point of view that could significantly influence how the high court defers to the U.S. Securities and Exchange Commission going forward, legal experts said Tuesday.

  • July 10, 2018

    2nd Circ. Rejects Feds' Bid For Redo On Litvak Decision

    In a brief order with no further explanation, the Second Circuit on Monday shot down federal prosecutors’ request for a rehearing on the appellate court’s decision to reverse the conviction of Jesse Litvak, the former Jefferies Group trader who has faced two trials on allegations of securities fraud.

  • July 10, 2018

    Ex-Akebia, Merrimack Analysts Found Guilty Of Insider Trades

    A Massachusetts federal jury debated for less than an hour Tuesday before convicting two former biostatisticians at Akebia Therapeutics Inc. and Merrimack Pharmaceuticals Inc. of swapping confidential information on their companies’ investigational drugs to make illegal trades.

Expert Analysis

  • Managing Uncertainty In The SEC Fair Fund Process: Part 2

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    To cope with the uncertainty inherent in the U.S. Securities and Exchange Commission's complicated fair fund distribution process, respondents can take six actions that will reduce the organizational burden and ultimately shave time, maybe even years, off the distribution timeline, says Alan Friedman of Charles River Associates.

  • New Clarity On SEC’s Approach To Crypto Regulation

    Peter Altman

    Remarks made last week by a U.S. Securities and Exchange Commission official ended long-standing speculation over whether the SEC would assert jurisdiction over ether and bitcoin. The remarks also leave no doubt that the SEC aims to remain active in the digital currency markets, focusing on initial coin offerings, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • Managing Uncertainty In The SEC Fair Fund Process: Part 1

    Alan Friedman

    The U.S. Securities and Exchange Commission uses the fair fund process in a wide range of instances, with some cases involving the distribution of hundreds of millions of dollars to eligible investors. However, it is clear that completing the process can be arduous, as most of the fair funds created after 2009 are still open, says Alan Friedman of Charles River Associates.

  • High Court Answers Appeal Question For Consolidated Cases

    Desiree Moore

    The U.S. Supreme Court's decision in Hall v. Hall is significant because it clarifies that parties have an immediate right of appeal following a final decision in actions consolidated under Rule 42(a). Companies that routinely face consolidation will have to be diligent in taking timely appeals, say Desiree Moore and Daisy Sexton of K&L Gates LLP.

  • China Agritech May Have Limited Practical Effect

    Noelle Reed

    While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • What To Expect From PCAOB's Ongoing Transition

    Robert Cox

    Since reaching full strength in April, the Public Company Accounting Oversight Board has wasted little time in charting a new course for the audit regulator, starting with a 360-degree review and the departure of several senior staff. Among other things, the board is contemplating drilling more deeply into firms’ quality control systems, says Robert Cox of Briglia Hundley PC.