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Securities
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May 19, 2025
Binance Calls FTX Ch. 11 Clawback Suit 'Legally Deficient'
Binance has asked a Delaware bankruptcy judge to dismiss FTX's lawsuit seeking to recover $1.76 billion that was transferred to Binance, accusing the estate of FTX of trying to "shift the blame" for that company's November 2022 collapse.
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May 19, 2025
SEC's 'New Day' Could Cause Financial Crisis, Member Warns
U.S. Securities and Exchange Commission Chair Paul Atkins on Monday promised a "new day" for the agency that could bring a host of changes around private fund investments, cryptocurrency and the collection of market data, but the commission's sole Democrat warned that new leadership was playing a "dangerous game" that could lead to a 2008-style financial crisis.
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May 19, 2025
Insurer Drops Fight Over $9M OpenText Merger Settlement
Allied World National Assurance Company on Monday ended its lawsuit seeking a declaration that it wasn't obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint Corp.'s merger with OpenText.
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May 19, 2025
MicroStrategy Faces Investor Suit Over Bitcoin Strategy
Analytics software company MicroStrategy was hit with a proposed shareholder class action alleging that it downplayed the risk of major financial losses that would follow an update to its crypto accounting methodology.
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May 19, 2025
Spirits Maker Haunted By Inventory Woes, Investor Suit Says
The top brass of alcoholic beverage company MGP Ingredients Inc. has been hit with a shareholder derivative suit alleging they misled investors about how well the company was managing its inventory levels, only to reveal that excess inventory following the height of the COVID-19 pandemic was impacting the business.
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May 19, 2025
Binance Argues All Class Members Must Arbitrate Claims
Crypto exchange Binance has urged a New York federal judge to require arbitration for all plaintiffs in a proposed class action accusing the crypto exchange of improperly selling securities, saying its terms of use include a class action waiver.
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May 19, 2025
9th Circ. Weighs 'WallStreetBets' Ownership In Reddit TM Suit
The Ninth Circuit on Monday wrestled with whether the founder of Reddit Inc.'s WallStreetBets forum owns the name or if it belongs to the platform, with a judge at one point wondering whether the parties could find a way to coexist.
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May 19, 2025
Minority Investors Claim Colo. Gas Co. Forced Unfair Buyout
Two shareholders are suing a Denver natural gas marketing company, its board and majority shareholders for allegedly forcing minority owners to redeem shares at far below their value, claiming in a Colorado state court complaint that the forced sell-off amounted to self-dealing that violated an operating agreement.
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May 19, 2025
'Tornado Cash' Founder Says Feds Withheld Key Evidence
Tornado Cash founder Roman Storm is demanding federal prosecutors conduct a "thorough" review for additional evidence in his case after the government disclosed in a separate crypto mixer prosecution that Treasury employees had a contrary view of the Justice Department's unlicensed money transmission theory.
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May 19, 2025
CFTC Should Pay $3M Atty Fees After Sanctions, Firm Says
A foreign exchange firm that won dismissal of a U.S. Commodity Futures Exchange Commission case after a New Jersey federal judge sanctioned the agency for bad faith behavior now says the CFTC should have to pay nearly $3 million for failing to own up to its mistake sooner.
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May 19, 2025
Investment Adviser Seeks Cadwalader Notes In Fraud Case
An investment manager who used to be represented by U.S. Deputy Attorney General Todd Blanche when Blanche was a partner at Cadwalader Wickersham & Taft LLP has asked a Brooklyn federal judge to order the firm to turn over documents that he called "critical" to his defense on fraud and money laundering charges.
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May 19, 2025
Judge Sets February Trial Date In Bribery Case Of Coal Exec
A Pennsylvania federal judge on Monday set a February trial date for a coal executive charged with bribing foreign officials for business, with jury selection beginning Feb. 3 and opening statements taking place Feb. 9.
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May 16, 2025
Krispy Kreme Overhyped McDonald's Pact, Investors Say
Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.
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May 16, 2025
FINRA Fines BTG Pactual Unit Over Lax AML Compliance
A U.S. brokerage unit of Brazilian investment bank BTG Pactual will pay $400,000 to the Financial Industry Regulatory Authority to settle claims that, among other things, its written policies didn't explain how it would monitor wire transfer requests to stay in compliance with anti-money laundering provisions.
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May 16, 2025
Name Mix-Up Costs Lender Property Claim, 5th Circ. Says
A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.
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May 16, 2025
FINRA Faces Calls To Narrow Its Outside Biz Rule Revamp
The Financial Industry Regulatory Authority has received a range of feedback on its proposal to streamline reporting requirements for firm representatives' outside business activities, with industry groups urging various tweaks to the measure, and a state regulator and investment adviser group opposing it outright.
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May 16, 2025
CFTC May Be Hobbled As Another Member Announces Exit
The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero announced Friday that she will be stepping down as commissioner at the end of the month, potentially leaving the agency struggling to move forward with only two members as it awaits congressional action on President Donald Trump's nominee for chair.
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May 16, 2025
SEC X Account Hack Conspirator Gets 14 Months
An Alabama man was sentenced in D.C. federal court Friday to 14 months behind bars for his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy.
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May 16, 2025
Coinbase Users Sue Over Bribery-Linked Data Breach
Crypto exchange Coinbase faces a wave of lawsuits from users accusing it of negligent information security practices after the exchange disclosed that an unknown perpetrator had stolen customer data by bribing overseas workers.
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May 16, 2025
Biotech Co. Hit With Investor Suits Over Cancer Drug Launch
Cancer treatment company Iovance Biotherapeutics has been hit with two proposed shareholder class actions accusing the company of misleading the public about the success of its commercial rollout of an FDA-approved skin cancer treatment.
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May 16, 2025
'Tuna Bond' Defendants Ordered To Pay $352M In Restitution
A Brooklyn federal judge ordered three former Credit Suisse bankers and the former finance minister of Mozambique to pay a combined $352 million in restitution Friday after they pled guilty or were convicted of scheming to defraud investors in a $2 billion state-backed development initiative involving tuna fishing.
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May 16, 2025
SEC's Atkins Previews Possible Changes To CEO Pay Rules
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.
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May 16, 2025
Attys With 'Borrowed' Claims Can't Skip Inquiry, Lumen Says
Telecommunications company Lumen has told the Colorado Supreme Court that attorneys still need to conduct their own "objectively reasonable inquiry" when borrowing claims from outside litigants, in the hopes of beating a shareholder suit that took allegations from other cases despite attorneys not speaking to the witnesses.
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May 16, 2025
Armory Sues Wayzata, Others Over 'Black Box' Funding Deals
Armory Capital Group LLC and three affiliates sued Wayzata Investment Partners, Houlihan Lokey Inc. and others in Delaware's Court of Chancery on Friday, alleging fiduciary breaches in connection with multiple unexplained and purportedly conflicted "black box" financing deals for Oregon-based aerospace venture Erickson Incorporated.
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May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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A 2-Step System For Choosing A Digital Asset Reporting Path
Under the Internal Revenue Service's new digital asset reporting regulation, each type of asset may have three potential reporting destinations, so a detailed testing framework can help to determine the appropriate path, says Keval Sonecha at Sonecha & Amlani.
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Foreign Countries Have Strong Foundation To Fill FCPA Void
Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.