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Securities
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July 14, 2025
CFTC Must Pay $3M In Atty Fees As Sanctions In Forex Case
A New Jersey federal judge ordered the U.S. Commodity Futures Trading Commission on Friday to pay back over $3.1 million in attorney fees to a foreign exchange company after dismissing the regulator's case for bad-faith sanctionable behavior.
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July 14, 2025
Ex-SEC Counsel Joins Snell & Wilmer, Boosting Denver Team
Snell & Wilmer has added a litigator in its Denver office who previously served as enforcement counsel at the U.S. Securities and Exchange Commission, the firm announced Monday.
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July 14, 2025
2 Ex-Binance Employees Seek To Escape FTX Clawback Suit
Two former Binance employees named as defendants in a $1.76 billion clawback suit brought by FTX in Delaware bankruptcy court have asked to be dismissed from the case, saying the court has no personal jurisdiction over them and that the complaint doesn't allege that they were involved in the transactions at issue.
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July 14, 2025
SEC Drops Fraud Suit Following Death Of Gaming Co. Head
The death of a man who owned a now-defunct online gaming company prompted the U.S. Securities and Exchange Commission to drop its New York federal civil case that had accused him of defrauding investors and using a portion of the money for his personal expenses.
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July 14, 2025
2nd Circ. Won't Let UBS Arbitrate Fund Mismanagement Suit
The Second Circuit on Monday affirmed a New York federal judge's decision rejecting UBS' bid to send a charitable trust's mismanaged funds suit to arbitration, finding that the bank knowingly relinquished the right to arbitrate "by acting inconsistently with that right."
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July 11, 2025
Coinbase Sues Oregon For Records Amid Enforcement Suit
Coinbase sued the office of Oregon Gov. Tina Kotek Friday for failing to fulfill a public records request for information on the state's approach to crypto policy and use of outside counsel as the crypto exchange defends a securities enforcement action from the Oregon attorney general.
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July 11, 2025
SEC Says $140M Ponzi Funded Lifestyle, Campaign Donations
The U.S. Securities & Exchange Commission sued First Liberty Building & Loan LLC and owner Edwin Brant Frost IV in Georgia federal court, alleging Frost defrauded 300 investors out of $140 million in a Ponzi scheme that fueled Frost's lavish lifestyle and his donations to Republican campaigns totaling six figures.
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July 11, 2025
AbbVie Defeats Investor Class Suit Alleging Humira Kickbacks
AbbVie on Thursday defeated a certified securities class action that accused it of giving healthcare providers unlawful kickbacks in exchange for prescribing its flagship arthritis drug Humira when an Illinois federal judge ruled that AbbVie provided legitimate services that were "integrally tied" to the drug itself.
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July 11, 2025
SEC Fines Adviser $1.75M For Hiding Conflicts Of Interest
American Portfolios Advisors Inc. on Friday agreed to pay a $1.75 million fine to end allegations from the U.S. Securities and Exchange Commission that the investment adviser failed to properly disclose conflicts of interest with an affiliated broker-dealer.
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July 11, 2025
Wine Exec Extradited From UK Denies $99M Fraud Scheme
One of two executives of a United Kingdom wine company was extradited to the U.S. and pled not guilty on Friday in Brooklyn federal court to charges that he conned investors into making loans using wine collections as collateral, cheating them out of $99 million.
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July 11, 2025
Grayscale Tells SEC 'End-Run' Shouldn't Delay Crypto ETP
Digital asset management firm Grayscale Investments LLC has challenged a decision by the U.S. Securities and Exchange Commission to hold back the launch of its multi-crypto exchange-traded fund, arguing in a letter to the agency that the stay violates the Exchange Act's rules on approval timelines.
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July 11, 2025
Slack Investor Wants 2nd Shot Before High Court
An investor leading a proposed class action against Slack Technologies LLC is asking the U.S. Supreme Court to finish what it started, petitioning the justices to clarify a point they declined to rule on two years ago when they limited investors' ability to sue newly public companies.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
US Arm Of Dolce & Gabbana Freed From NFT Outfit Suit
The U.S. division of Italian luxury fashion brand Dolce & Gabbana was dismissed on Friday from a proposed investor class action accusing it of abandoning a nonfungible tokens project while retaining more than $25 million of funds, with the court agreeing that it is not liable for the actions of the larger company.
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July 11, 2025
FTX Trust Says Blockchain Co. Hasn't Delivered $1.3M Coins
A recovery trust for the bankrupt cryptocurrency exchange FTX filed a Chapter 11 adversary proceeding in Delaware bankruptcy court seeking turnover of $1.3 million worth of $XION digital tokens that the debtor's subsidiaries purchased prior to the bankruptcy filing.
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July 11, 2025
AT&T Can't Escape Suit Over Pension Plan's Mortality Data
AT&T must face a proposed class action claiming it miscalculated married couples' pension benefits, a California federal judge ruled, saying workers leading the suit provided evidence that the telecommunications company's use of decades-old mortality data and interest rates was unreasonable.
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July 11, 2025
Better Therapeutics Settles SPAC Suit In Del. For $1M
Defunct telehealth provider Better Therapeutics Inc. has reached a roughly $1 million settlement with a shareholder to end a Delaware Chancery Court suit challenging its take-public merger, according to court filings.
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July 11, 2025
SEC Quietly Drops First-Ever Liquidity Rule Suit
The U.S. Securities and Exchange Commission on Friday agreed to dismiss its first-ever case accusing an investment adviser of violating a rule that limits the amount of illiquid investments a mutual fund can hold.
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July 11, 2025
Charter's Cox Acquisition Vote Should Be Blocked, Suit Says
A Charter Communications Inc. shareholder has asked a Connecticut state court judge to block a July 31 vote on the Stamford-based company's proposed $37.9 billion acquisition of Cox Communications Inc., claiming the deal will enrich executives and their financial advisers but provide few benefits to shareholders.
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July 11, 2025
2 Firms Tapped To Lead Regeneron Investor Suit
Labaton Keller Sucharow LLP and Motley Rice LLC have been named lead counsel in a proposed securities class action accusing Regeneron Pharmaceuticals Inc. and its executives of misleading investors about its revenue prospects for its vision loss drug and inflating reimbursements.
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July 11, 2025
Taxation With Representation: Davis Polk, Kirkland, Cassels
In this week's Taxation With Representation, Merck buys U.K. drugmaker Verona Pharma, CoreWeave acquires fellow data center company Core Scientific, Royal Gold acquires Sandstorm Gold and Horizon Copper, and Italian food company Ferrero buys WK Kellogg.
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July 11, 2025
Drugmaker Fights Claims Over 'Misleading' IPO Statements
Investors in biopharmaceutical company BioAge Labs Inc. mischaracterized certain statements the company made in an effort to allege securities fraud after the company hit the brakes on a clinical trial for its lead product candidate, the company has argued.
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July 10, 2025
VC Giant Andreessen Rips Del. Courts, Plans Move To Nev.
Venture capital giant Andreessen Horowitz on Wednesday announced plans to reincorporate in Nevada, saying that it was no longer a "no-brainer" to launch a company and incorporate in the historically corporate-friendly state of Delaware.
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July 10, 2025
Crypto Exec Fights NY Suit, Cites Due Process Violation
The CEO of a venture capital firm accused of misleading investors into buying up a crypto token with the help of an endorsement from Argentine President Javier Milei just before it tanked said an attempt by New York to exercise jurisdiction over him would be unconstitutional.
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July 10, 2025
Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees
The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.
Expert Analysis
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Two Bills Promise A Crypto Revamp, But Not A Done Deal Yet
Recent efforts in Congress toward an updated regulatory framework for digital assets have led to two bills — the GENIUS Act and the CLARITY Act — that represent the most consequential legislative developments yet in the push for coherent, pro-innovation, reliable regulation for the industry, but both face multiple hurdles, says Mike Katz at Manatt.
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2 NY Rulings May Stem Foreign Co. Derivative Suits
In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.
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FCPA Enforcement Is Here To Stay, But It May Look Different
After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.
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Ore. Coinbase Case Charts New Path For State Crypto Suits
Oregon's recent lawsuit against Coinbase serves as a reminder for the crypto industry that not all states will simply defer to the U.S. Securities and Exchange Commission's evolving stance on crypto-assets, highlighting why stakeholders should proactively assess the risks posed by state-level litigation and develop strategies to address distinct challenges, say attorneys at Steptoe.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Remediation Still Reigns Despite DOJ's White Collar Shake-Up
Though the U.S. Department of Justice’s recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.