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Securities

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 19, 2018

    Arent Fox Snags White Collar Duo From Dentons

    Arent Fox LLP has lured a white collar duo from Dentons with more than 12 years of experience to join the government enforcement arena in the firm's New York office.

  • June 19, 2018

    SFO Euribor Case Is 'Misleading,' Defense Tells Jury

    The jury should take “huge care” when assessing the Serious Fraud Office’s case against four former Barclays PLC traders and a Deutsche Bank trader for alleged Euribor rigging, one of the defendants’ lawyers said Tuesday during her closing, arguing the agency has given a “misleading” and unbalanced picture.

  • June 18, 2018

    Judge ‘Troubled’ By Ukraine Hacker-Trader Turncoat’s Lies

    A Brooklyn federal judge warned prosecutors Monday to scrutinize a cooperating witness in their case against two men who allegedly traded on draft corporate press releases that were pinched by Ukrainian hackers after the cooperator admitted on the stand to deceiving the government.

  • June 18, 2018

    Feds Downplay Testimony From Ex-Katten Atty's Loss Expert

    Brooklyn federal prosecutors sought to counter a bid by former Katten Muchin Rosenman LLP attorney Evan Greebel to reduce his potential sentence for fraud conspiracy on Monday, asking an expert witness questions that seemed meant to diminish his testimony on legal issues faced by life sciences startups.

  • June 18, 2018

    Hansen Medical Must Face Shareholder Suit Over Merger

    A suit alleging that controlling investors of Hansen Medical Inc. pushed through a squeeze-out merger and secured benefits for themselves at the expense of a putative class of minority holders survived a motion to dismiss Monday in Delaware Chancery Court.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Judge Slams DOJ Jury Trial Bid In Ex-Barclays Trader Case

    A California federal judge on Monday laid into the U.S. Department of Justice, suggesting it was wasting resources by requesting a jury trial for a former Barclays PLC trader charged with scheming to defraud Hewlett-Packard Co. in a £6 billion options transaction, after the defendant said he’d prefer a bench trial.

  • June 18, 2018

    Linkwell Investor Says Execs Waived Attorney-Client Privilege

    Two former Linkwell Corp. executives can’t claim they complied with state law and followed the advice of Sidley Austin LLP while keeping communications that support those assertions cloaked by attorney-client privilege, an investor told a Florida federal court Monday.

  • June 18, 2018

    National Amusements Urges Stay In CBS Shareholder Suit

    National Amusements Inc. and its controller Shari Redstone pushed their case Monday for a stay of litigation in a lawsuit brought by shareholders of CBS Corp. in the Delaware Chancery Court in favor of a parallel proceeding that will resolve issues over a special stock dividend approved by the CBS board aimed at diluting her control.

  • June 18, 2018

    UBS Units Seek $20M Debt Bond Suit Coverage At 1st Circ.

    UBS AG units on Monday urged the First Circuit to revive its bid for $20 million in coverage for costs associated with claims that investors lost billions of dollars because UBS manipulated Puerto Rico's municipal debt bond market, arguing that the claims are not sufficiently similar to previously filed actions to trigger a policy exclusion.

  • June 18, 2018

    Justices Reject Momentive Ch. 11 Make-Whole Payments Row

    The U.S. Supreme Court on Monday denied a last-ditch attempt by creditors of Momentive Performance Materials Inc. to collect on $200 million in fees tied to bonds repaid in bankruptcy, ignoring their argument that allowing the silicone manufacturer to keep the money contradicts “bedrock principles” of bankruptcy law.

  • June 18, 2018

    Brazil Telecom's $20B Restructuring Deal Clears US Court

    A Manhattan bankruptcy judge has approved the restructuring plan of troubled Brazilian telecommunications company Oi SA, clearing the way for a $20 billion debt-for-equity swap to take the company out of bankruptcy.

  • June 18, 2018

    Acacia Execs Beat Shareholder Class Action In Mass.

    A federal judge in Massachusetts has dismissed a purported class action against Acacia Communications Inc., finding the company made no misstatements that investors claimed led to a steep stock drop in 2017.

  • June 18, 2018

    Amazon Urged Not To Sell Face-Recognition Tool To Gov't

    Some Amazon Inc. investors joined privacy advocates Monday in pressing the tech giant to stop selling its real-time facial recognition tools to law enforcement, citing human rights concerns that could hurt the company's stock price and spawn lawsuits.

  • June 18, 2018

    Fujifilm Sues Xerox For Killing $6.1B Merger

    Fujifilm hit Xerox with a complaint in New York federal court Monday over the termination of their $6.1 billion combination, alleging that two shareholder activists pressured Xerox into walking away from the deal and seeking more than $1 billion in damages.

  • June 18, 2018

    Baker Botts Attracts Capital Markets Partner In Houston

    Baker Botts LLP has added a former Kirkland & Ellis LLP attorney as a capital markets partner with a focus on debt and equity capital markets transactions, corporate governance and compliance in Houston, the firm announced Monday.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

Expert Analysis

  • States' Crypto Enforcement Onslaught Has Only Just Begun

    John Reed Stark

    It should come as no surprise that state securities administrators have boosted their cryptocurrency enforcement efforts. Because while cryptocurrency promoters can find easy prey in today’s excitable retail investor marketplace, initial coin offerings and digital trading platforms are also easy to surveil and easy to charge, says John Reed Stark of John Reed Stark Consulting LLC.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • A Series Of SEC Enforcement Cases Against Microcap Attys

    Joseph Dever

    Earlier this year, Chairman Jay Clayton warned that the U.S. Securities and Exchange Commission was looking to bring enforcement actions against attorneys who failed to live up to their “gatekeeper” responsibilities. Recent cases suggest that Clayton's shot across the bow has turned into a direct hit for attorneys practicing in the microcap space, say Joseph Dever and William Lesser of Cozen O'Connor.

  • Choice Of Entity And IRC Section 1202 After Tax Reform

    Michael Wilder

    Since the tax overhaul, the reduction of the corporate tax rate and the new deduction for pass-through income have been widely discussed as they apply to choice of business entity. Also important, though less often analyzed, are strategies to utilize Internal Revenue Code Section 1202 and the exclusion of gain from the sale of qualified small business stock, say attorneys at McDermott Will & Emery LLP.

  • Lessons From Panasonic FCPA, Accounting Fraud Settlement

    Gayle Littleton

    Panasonic recently agreed to pay over $280 million in penalties, disgorgement and prejudgment interest to resolve Foreign Corrupt Practices Act and accounting fraud violation allegations, making it the largest FCPA settlement so far this year. The resolution reaffirms the importance of internal controls to identify the location of corporate funds, say attorneys with Jenner & Block LLP.

  • Where Have All The Public Company Frauds Gone?

    Marc Fagel

    A Cornerstone Research report found that the U.S. Securities and Exchange Commission filed only 15 new cases against public companies between October 2017 and March 2018 — the lowest semiannual total since fiscal 2013. Is the new SEC administration deliberately pulling back on investigations, or are public companies simply behaving better? asks Marc Fagel of Gibson Dunn & Crutcher LLP.

  • Best Practices For Interacting With SEC Examination Staff

    Bradley Bondi

    The U.S. Securities and Exchange Commission’s increased emphasis on protecting retail investors could signal a greater scrutiny of registered entities by the Office of Compliance Inspections and Examinations. When preparing for an examination, it is important to understand current OCIE priorities, say Bradley Bondi and Michael Wheatley of Cahill Gordon & Reindel LLP.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Arbitrating Cryptocurrency Disputes

    Theodore Snyder

    Arbitration in the cryptocurrency world promises to be very different from traditional securities arbitrations against broker-dealers. The specific language of a digital currency exchange's arbitration provision will determine if a particular dispute is arbitrable, as demonstrated by a recent Eleventh Circuit ruling, says Theodore Snyder of Murphy & McGonigle PC.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.