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Securities
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April 17, 2025
Crypto Casino Owner Gambled With Investor Funds, Feds Say
The founder of a purported cryptocurrency casino was criminally charged with stealing millions of dollars from investors and gambling the funds away at a different online gambling platform and in the stock market.
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April 17, 2025
3rd Circ. Questions Walmart's Duty To Disclose Opioid Probe
The Third Circuit on Thursday questioned the extent to which Walmart knew of the government's interest in prosecuting it for opioid sales, as it considered a bid by investors to revive class claims alleging the retail chain failed to disclose it was under investigation.
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April 17, 2025
Hidden Road Nabs Broker-Dealer Approval After Ripple Deal
Prime brokerage platform Hidden Road announced Thursday that it's received a broker-dealer license from the Financial Industry Regulatory Authority, hot on the heels of a deal that will see Ripple Labs acquire the firm for $1.25 billion.
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April 17, 2025
Zenas BioPharma Faces Investor Suit Over Post-IPO Plunge
Autoimmune disease therapeutics company Zenas BioPharma Inc. was hit with a proposed shareholder class action alleging that its registration statement for its September 2024 initial public offering overstated the amount of time that the company could fund its operations using existing cash and expected net proceeds from the offering.
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April 17, 2025
CFPB Will Cut Examinations By Half In Broad Retreat: Memo
The Consumer Financial Protection Bureau plans to cut back sharply on its policing of nonbank financial firms, slash examinations and pull back on its use of fines as part of a dramatic shift in supervisory and enforcement priorities outlined in a new internal memo.
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April 17, 2025
Haynes Boone Atty Joins Mintz Capital Markets Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC said Tuesday that its New York office has welcomed a corporate attorney from Haynes Boone who advises investment banks and private issuers on equity securities offerings and strategic investments.
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April 16, 2025
Geron Shareholder Sues Execs Over Drug Launch Claims
A shareholder of Geron Corp. has filed a derivative suit against current and former members of the biopharmaceutical company's top brass, accusing them of making misleading statements about the commercial prospects of its cancer drug despite knowing that the company faced challenges to the drug's success.
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April 16, 2025
Computer Equipment Co. Wants Suit Over Sales Decline Axed
Cloud network equipment company Extreme Networks Inc. has asked a federal judge in California to toss a lawsuit alleging it misled investors about its financial prospects and declining client demand during the COVID-19 pandemic, arguing the existence of undisclosed information, by itself, is not misleading.
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April 16, 2025
DexCom Execs Sued For Allegedly Misleading Growth Claims
Executives and directors of glucose monitor manufacturer DexCom Inc. have been hit with a derivative suit alleging that they concealed from investors that DexCom struggled to maintain a sales force that could keep up with growing demand following a Medicare policy expansion.
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April 16, 2025
Red State AGs' SEC Suit Paused Amid Crypto Policy Shift
A Kentucky federal judge on Wednesday paused a suit from a coalition of Republican attorneys general challenging the U.S. Securities and Exchange Commission's crypto enforcement strategy as the regulator retools its approach to digital asset policy.
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April 16, 2025
Carvana Stockholders Urge Revival Of Insider Trading Suit
Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.
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April 16, 2025
Judge Axes Suit Against Intel Unit Mobileye Over Supply Glut
Autonomous driving company Mobileye Global Inc. has escaped a proposed investor class action that claimed the company's trading prices slid after it cut its first quarter revenue expectations in half, citing a supply glut, with a New York federal judge ruling that the investors' second amended complaint failed to plead any actionable misstatements, among other things.
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April 16, 2025
Venture Global Faces Investor Suit Over Post-IPO Slump
Liquefied natural gas exporter Venture Global Inc. has been hit with a class action in Virginia federal court from an investor who claims that the company's registration statements from its $1.8 billion initial public offering earlier this year contained false and misleading statements about Venture's production levels and the costs of some of its projects.
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April 16, 2025
Schumer Looks To Block Trump NY US Attorney Nominations
Senate Minority Leader Chuck Schumer, D-N.Y., announced on Wednesday he is exercising his power to block two of President Donald Trump's nominations for U.S. attorneys, which could set up an early test for preserving the long-standing Senate blue slip tradition.
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April 16, 2025
Disbarred Atty Gets 2½ Years For Investment Scheme
A New Jersey federal judge sentenced a disbarred attorney to 2½ years in prison after he admitted to misleading would-be investors in his financial services company with false promises before using their money for his personal expenses.
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April 15, 2025
Securities Org. Says SEC Must Hand Over Texting Sweep Data
The American Securities Association has urged a Florida federal court to order the U.S. Securities and Exchange Commission to turn over spreadsheets related to the regulator's enforcement sweep of so-called off-channel communications, arguing the SEC's "ever-changing excuses" cannot shield it from Freedom of Information Act requirements.
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April 15, 2025
Atty Sues After His Dog-Themed Meme Coin Gets Hacked
A former BigLaw attorney who created a meme coin in honor of his pet dachshund has sued the crypto wallet provider he used to hold his tokens over "catastrophic security failures and deliberate regulatory evasion" that allegedly allowed a hacker to steal half a million dollars' worth of his meme coin and tank the value of the project in the process.
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April 15, 2025
No Appeal For Green Energy Co. CEO In $40M Investor Suit
The CEO of a company purportedly funded by a green energy outfit can't appeal a judge's determination in a proposed investor class action that found the executive is subject to the Tennessee federal court's jurisdiction, saying he failed to meet the requirements for such an appeal.
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April 15, 2025
Ex-AutoZone CEO Beats Investor's 'Short Swing' Profits Suit
AutoZone's former CEO has beaten an investor's suit accusing him of making $1 million in short-swing profits trading in the company shares at the expense of the company, with the judge ruling the transactions were exempt from certain insider trading rules.
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April 15, 2025
Cloud Startup Figma Confidentially Files IPO Amid Volatility
Cloud-based design platform Figma Inc. said Tuesday it confidentially filed for an initial public offering, marking a first step toward going public during tense times for equity markets and coming more than one year after a failed merger with Adobe.
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April 15, 2025
SPAC Officers Seek Coverage For Post-Merger Lawsuits
Beazley Insurance Co. and certain former directors and officers of a special purpose acquisition company that ultimately became a solar financing company accused the successor company in Delaware Chancery Court of failing to indemnify and advance costs they incurred in two cases stemming from the SPAC merger.
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April 15, 2025
Insurer Denies Coverage For Short Seller Cohodes' Libel Case
Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.
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April 15, 2025
Davis Polk Guides StoneX On $900M RJ O'Brien Buy
Davis Polk & Wardwell LLP is guiding New York-based StoneX Group on its agreement to acquire Mayer Brown LLP-advised futures brokerage R.J. O'Brien, or RJO, at an equity value of approximately $900 million.
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April 15, 2025
Chancery Tosses 'Unripe' AES Advance Notice Bylaw Suit
A Delaware vice chancellor tossed a suit against the global utility and power company AES Corp. and its top brass that challenged the company's advance notice bylaw, finding there is no "ripe" controversy or dispute for the court to review.
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April 15, 2025
MIT Bros. Cite DOJ Memo In Bid To Get $25M Crypto Case Axed
Two Massachusetts Institute of Technology-educated brothers accused of stealing $25 million worth of cryptocurrency cited a U.S. Department of Justice memo instructing prosecutors to pull back from novel cases involving digital assets as they urged a New York federal judge to dismiss the charges.
Expert Analysis
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.