Securities

  • September 10, 2025

    Del. Justices Urged To Reverse Ad Co. Note Conversion Nix

    An investor group attorney told three Delaware Supreme Court justices Wednesday that the Court of Chancery wrongly found last year that advertising tech company Vistar Media Inc. had a right to involuntarily cash out millions worth of matured investor notes despite noteholder claims their agreement never allowed the move.

  • September 10, 2025

    SEC Taps Gibson Atty To Head Corporation Finance Division

    The U.S. Securities and Exchange Commission on Wednesday named the co-chair of Gibson Dunn & Crutcher LLP's securities regulation practice as the new leader of its Division of Corporation Finance, which is responsible for writing rules and providing guidance to publicly traded companies on shareholder disclosure matters, among other things.

  • September 10, 2025

    Molson Coors Kept Subpar Fund In $2B 401(k) Plan, Suit Says

    Molson Coors kept a risky and poorly performing fund in its nearly $2 billion employee 401(k) plan, costing plan participants millions of dollars in retirement savings, a former worker for the brewing giant said in a proposed class action in Wisconsin federal court.

  • September 10, 2025

    Kirkland Adds Fintech Regulatory Partner From McDermott

    Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.

  • September 09, 2025

    Fed Reserve Gov. Cook Wins Removal Reprieve For Now

    Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.

  • September 09, 2025

    Block Beats Investor Action Over 2021 Customer Data Breach

    A Manhattan federal judge Tuesday knocked out consolidated litigation alleging Block's stock price plummeted after the financial technology company dilly-dallied disclosing a 2021 data breach stemming from a former employee's alleged theft of customer information, saying the complaint doesn't allege Block made misleading statements or knew it was misleading investors.

  • September 09, 2025

    Investor Tells Texas Justices UDF Claims Aren't Derivative

    The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.

  • September 09, 2025

    Ex-SEC Trading And Markets Special Counsel Joins Skadden

    Skadden Arps Slate Meagher & Flom LLP has added a former U.S. Securities and Exchange Commission attorney to its white collar defense and regulatory team in its Washington, D.C., office, the firm announced Tuesday.

  • September 09, 2025

    5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action

    A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.

  • September 09, 2025

    Ariz. Developer, Son Get Prison For $280M Sports Park Fraud

    An Arizona developer and his son were both sentenced to prison Tuesday for deceiving investors into sinking $280 million into a Phoenix-area sports park by forging documents and inflating revenue projections for the facility, which entered bankruptcy soon after it opened.

  • September 09, 2025

    Private Fund Adviser To Pay $9.7M To End SEC Suit

    The U.S. Securities and Exchange Commission announced on Tuesday that a real estate-focused Colorado private fund adviser and his two management firms would pay $9.7 million to settle claims of defrauding investors with misrepresentations, which include concealing conflicts of interests in proposed buyout transaction requests he sent to investors.

  • September 09, 2025

    DC Says Crypto ATM Operator Profits Off Senior Scams

    Athena Bitcoin, one of the country's largest operators of so-called bitcoin automated teller machines, has been sued by the D.C. attorney general for allegedly charging undisclosed fees on deposits it knew were often the result of scams, for failing to implement adequate anti-fraud measures, and for refusing to refund scam victims.

  • September 09, 2025

    SEC Sued To Lift Private Market Investment Cap

    A U.S. Securities and Exchange Commission regulation that prohibits individuals making less than $200,000 a year from investing in the private markets is unconstitutionally discriminatory, according to a lawsuit launched against the agency in Texas federal court.

  • September 09, 2025

    CFTC Fines Colo. Trader Over Futures Market Spoofing Claim

    The U.S. Commodity Futures Trading Commission announced Tuesday that a Colorado man has agreed to pay $200,000 to settle allegations that he spoofed a pair of futures markets on the Chicago Mercantile Exchange.

  • September 09, 2025

    Coinbase Vendor Called 'Major' Cog In 'Insider Bribery' MDL

    A Manhattan federal judge said Tuesday that a Texas-based Coinbase vendor called TaskUs will be a "major participant" in multidistrict litigation centralized in New York over allegations that thousands of Coinbase customers were victimized in a bribery-fueled data compromise.

  • September 09, 2025

    Fund Managers, Firms Owe SEC $27.6M After Jury Trial Loss

    Two men and their companies owe the U.S. Securities and Exchange Commission $27.6 million in disgorgement, interest and fines after a Wisconsin jury found they violated federal securities law with an offering that raised $53 million through "largely fictitious" gains in a fund valued in part on a gem and mineral collection.

  • September 09, 2025

    Azure Power Investors Get Final OK Of $23M Settlement

    A New York federal judge granted final approval to a $23 million settlement between India-based solar energy company Azure Power and investors accusing it of misrepresenting its compliance with anti-corruption and anti-bribery laws, and the methods through which it won bids for projects.

  • September 09, 2025

    Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon

    The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.

  • September 09, 2025

    Execs Hit With 'Drastic' Sanctions In RE Platform Dispute

    A New York state court has sanctioned two directors of Fang Holdings Ltd. and their affiliates for "flagrant and blatant disregard" of discovery orders amid a shareholder derivative suit accusing them of manipulating the Chinese real estate portal to enrich themselves.

  • September 09, 2025

    1st Circ. Urged To Nix $42M Disgorgement In Stock Scheme

    Five alleged participants in a $144 million multinational pump-and-dump scheme asked the First Circuit on Tuesday to vacate a disgorgement order holding them jointly and severally liable for nearly a third of the alleged ill-gotten gains, saying the order is based on "gibberish" records generated by the scheme's mastermind.

  • September 09, 2025

    Ex-CFTC Atty Presses Religious Bias Claim At 2nd Circ.

    A former Commodity Futures Trading Commission lawyer urged an inquisitive panel of the Second Circuit Tuesday to revive the religious discrimination claims he brought alleging a "gag order" effectively banned him from praying with a friend who was serving as the agency watchdog at the time.

  • September 09, 2025

    Career SEC Attorney Joins Latham's DC Finance Practice

    Latham & Watkins LLP has hired the former chief of the U.S. Securities and Exchange Commission's Office of Structured Finance, who is joining the firm after more than 20 years at the agency, to work with those structured finance clients.

  • September 08, 2025

    DC Circ. Mulls Whether To Leave Whistleblower Rewardless

    The D.C. Circuit didn't seem to think it was fair that the SEC refused a million dollar reward to a whistleblower who went to the media first, even though the judges hinted Monday they thought the agency might have been within its rights to do so.

  • September 08, 2025

    Lolli & Pops Sued For Docs Over Alleged Structure Changes

    The former CEO of Hammond's Candies, who sold the business to candy maker Lolli & Pops last year, sued the company Friday in Delaware seeking to inspect its books and records alleging he has "credible basis to believe" Lolli & Pops modified its ownership structure in a way that could have potentially diluted his shares. 

  • September 08, 2025

    Nasdaq Seeks SEC Nod To Trade Tokenized Securities

    Nasdaq said on Monday that it has submitted to the U.S. Securities and Exchange Commission its proposal to facilitate tokenized securities trading on the Nasdaq Stock Market, in an effort to "support the evolution of the markets."

Expert Analysis

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.

  • Traditional Venue Theories May Not Encompass Crypto Fraud

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    A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.

  • A Shifting Trend In FDA Form 483 Disclosure Obligations

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    A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Genius Act Sets Stablecoin Standards — Without Regulation E

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    While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.

  • Assessing Federal Securities Class Action Stats In '25 So Far

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    The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • How Tariffs Can Affect Event Studies In Securities Litigation

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    When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

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