Securities

  • March 05, 2024

    Terraform Says Creditors Sabotaging Dentons Retention

    A Delaware bankruptcy judge on Tuesday allowed Terraform Labs unsecured creditors time to catch up on a dispute over the debtor's Denton's retention, a request Terraform dubbed "sabotage" of its defense in an upcoming $40 billion securities fraud trial.

  • March 05, 2024

    Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit

    A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.

  • March 05, 2024

    Judges Unsure On Atty Sanctions In Robinhood Spam Suit

    Class counsel sanctioned $750,000 for helping instigate a spam text suit against Robinhood Financial likely engaged in "shenanigans," a Washington appeals judge said Tuesday, though a colleague on the bench questioned whether those sanctions should stick if Robinhood was nevertheless liable in the case.

  • March 05, 2024

    UPS, AT&T Can't Avoid ESG Proxy Proposals, But BofA Can

    U.S. Securities and Exchange Commission staff have indicated they won't let UPS and AT&T get out of including shareholder proposals on environmental and social matters from their upcoming proxy statements, while letting Bank of America exclude two ESG-related proposals.

  • March 05, 2024

    5th Circ. Judge Slams SEC's 'Loosey-Goosey' Proxy Rules

    The Fifth Circuit heard arguments Tuesday in a case that could shape the future of the U.S. Securities and Exchange Commission's process for assessing requests to block certain shareholder proposals from proxy materials, with one judge casting doubt on the agency's argument that conservative Kroger Co. investors should sue the company directly if they are unhappy with attempts to block them from the corporate ballot.

  • March 05, 2024

    DocGo Hit With Investor Suit Over 'Limitless' Charter Clause

    A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.

  • March 05, 2024

    CryptoQueen's Brother Avoids More Prison For OneCoin Fraud

    A Manhattan federal judge on Tuesday allowed the younger brother of fugitive OneCoin founder Ruja Ignatova to avoid additional prison time for his role in the $4 billion, global cryptocurrency scam, after he testified for the feds at a high-profile trial.

  • March 05, 2024

    EV Maker Proterra's Ch. 11 Plan Gets Thumbs-Up In Del.

    A Delaware bankruptcy judge on Tuesday approved the reorganization plan of commercial electric vehicle technology company Proterra, which entered Chapter 11 to overhaul nearly $200 million in funded debt, overruling a handful of remaining objections.

  • March 05, 2024

    Meta Tells Chancery It Didn't 'Utterly Fail' To Stop Exploitation

    Shareholders accusing Meta's leaders of "utterly failing" to eliminate pedophilia, human trafficking and child sexual exploitation on its social media platforms didn't ask enough about the company's efforts and haven't shown any "corporate trauma," an attorney for Meta's board told Delaware's Court of Chancery on Tuesday.

  • March 05, 2024

    Callon Sued Over Disclosures Prior To $4.5B APA Deal

    A Callon Petroleum Company shareholder has alleged in a proposed class action in Delaware Chancery Court that the company breached its fiduciary duties in connection with a pending $4.5 billion acquisition by APA Corp. by not fully disclosing the details of another proposal.

  • March 05, 2024

    Norton Rose Gains 2 Financial Services Pros From Fried Frank

    Norton Rose Fulbright has added two experienced financial services attorneys from Fried Frank Harris Shriver & Jacobson LLP, including the founder of legal website Regulatory Intelligence, as New York-based partners.

  • March 05, 2024

    Splunk Investors Get Final OK For $30M Deal, $7.5M Atty Fees

    A California federal judge has granted final approval to a $30 million settlement, including $7.5 million in fees for class counsel, to resolve a securities class action accusing software company Splunk of lying about strategies it used to meet cash flow goals.

  • March 04, 2024

    Former DOJ Assistant Chief Joins Bird Marella

    The assistant chief in the fraud section of the Department of Justice's Criminal Division joined Bird Marella Rhow Lincenberg Drooks & Nessim LLP, the firm announced Tuesday.

  • March 04, 2024

    Meta Asks Justices To Review Investors' Data Scandal Suit

    Investors' claims over the Cambridge Analytica data abuse scandal should not be given new life, Meta Platforms told the U.S. Supreme Court on Monday, asking the justices to review the Ninth Circuit's adoption of "extreme outlier positions" that will "light a beacon" for similar actions that would be dismissed elsewhere.

  • March 04, 2024

    Apple Inks Deal To End Derivative Suit Over Slow IPhones

    Apple investors are urging a California federal judge to approve a noncash settlement of their derivative shareholder suit claiming the tech giant's top brass secretly slowed older iPhones, saying the deal will bring needed board committee reforms and notify consumers about battery options when their phones' performance degrades.

  • March 04, 2024

    CFTC Pushes Back On 5th Circ. Order In Election Betting Case

    The U.S. Commodity Futures Trading Commission urged a D.C. federal judge on Sunday to not immediately return the agency's legal showdown against election betting platform PredictIt to Texas, despite a Fifth Circuit ruling that slammed the CFTC's decision to transfer the suit to the nation's capital in the first place.

  • March 04, 2024

    Don't Skip Mock Trials, Veteran Criminal Defense Atty Says

    A mock trial is a must before the real thing, even when the defendant is on a budget and the jury is just friends of friends, a veteran trial lawyer told a New York City Bar audience Monday.

  • March 04, 2024

    Underwriters Freed From Suit Against Fintech Co. Ryvyl

    A California federal judge has dismissed the underwriters and significantly trimmed the remaining claims in a case against fintech company Ryvyl Inc. and certain executives, accusing them of concealing accounting issues, saying the plaintiffs have adequately alleged only a few misleading statements and knowledge of wrongdoing by one executive.

  • March 04, 2024

    Credit Suisse Can't Undo Class Cert. In XIV Notes Crash Suit

    A New York federal judge has refused to revisit her order certifying one of three proposed investor classes in litigation accusing Credit Suisse of tricking investors into buying a series of short-term notes inversely tied to stock market volatility in 2018, rejecting objections from both sides.

  • March 04, 2024

    3 Ways The SEC Might Scale Back Climate Disclosures

    The U.S. Securities and Exchange Commission is scheduled to vote Wednesday on the future of corporate climate disclosures after a nearly two-year wait, but experts told Law360 that the finalized version of the much-anticipated rule could look different from the proposal in several ways following significant pushback from big business and its allies. 

  • March 04, 2024

    SEC Fines Adviser $950K Over Ryder Buyout Disclosures

    A New York-based investment adviser will pay a $950,000 civil penalty to the U.S. Securities and Exchange Commission for allegedly failing to timely disclose information about its ownership of commercial rental truck company Ryder System Inc. leading up to a May 2022 takeover offer.

  • March 04, 2024

    Trial Of Ex-Stimwave CEO Over Medical Device Nears End

    Prosecutors on Monday urged a Manhattan federal jury to convict the former CEO of Stimwave Technologies for hawking a medical device for chronic pain sufferers with a bogus component designed to drive up billings, while defense counsel derided a lack of evidence to support the government's claims.

  • March 04, 2024

    Carvana, Execs Beat 'Puzzle Pleading' Investor Suit, For Now

    An Arizona federal judge dismissed for now a consolidated investor class action alleging Carvana's promised "limitless growth machine" business model was a lemon that artificially inflated its share prices long enough for its executives to sell $3.9 billion of their own stock, saying the investors need to rework their "puzzle pleading."

  • March 04, 2024

    DOJ Worried Binance Founder's Travel May 'Become An Issue'

    Binance founder Changpeng Zhao should have to notify the government of any travel as he awaits sentencing, prosecutors have said, telling a federal court in Washington they remain concerned he could be a flight risk.

  • March 04, 2024

    Stockholder In Homebuilder MDC Challenges $5B Acquisition

    A stockholder in homebuilder MDC Holdings Inc. accused the Denver-based company of agreeing to a $4.9 billion all-cash acquisition by a Japanese homebuilder only for the benefit of MDC's board.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Precise Advance Notice Bylaws May Help Prevent Disputes

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    While the Chancery Court's December decision in Kellner v. AIM Immunotech shows that Delaware courts won't always uphold advance notice bylaws, and its willingness to selectively enforce or invalidate individual provisions doesn't create an incentive for companies to be surgical in their drafting, companies should nonetheless be precise when drafting such bylaws to avoid unnecessary disputes, say attorneys at Debevoise.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How US Companies Can Wield The New Foreign Bribery Law

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    U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

  • New Tech, Old Tricks: How GCs Can Fight White Collar Crime

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    As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.

  • Unpacking PCAOB's Sanctions Against China-Based Auditors

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    Following the Public Company Accounting Oversight Board's first major enforcement actions against audit firms located in China and Hong Kong for violating quality control standards, China-based U.S. issuers should be prepared for more rigorous audits in the upcoming cycle, and for continuing strict scrutiny from the regulator, say attorneys at Debevoise.

  • FERC Actions Signal Concern Over Investors' Utility Stakes

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    Two recent orders and a notice of inquiry from the Federal Energy Regulatory Commission on the subject of whether large investors are asserting control of public utilities signal increasing regulatory scrutiny of the investment community's influence over the electric power industry, say attorneys at Day Pitney.

  • 10 Global Antitrust Trends To Anticipate In 2024

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    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • NY CRE Lenders Need Clarity On Foreclosure Standing

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    Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • Del. Ruling Guides On Advance Notice Bylaw Amendments

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    The Delaware Chancery's Court's recent denial of investment fund Paragon Technologies' injunction motion against Ocean Power Technologies underscores the importance of carefully crafting and enforcing corporate advance notice bylaw amendments, especially in light of universal proxy rules, say attorneys at Venable.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

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