Securities

  • April 09, 2025

    Fraudster Says Sentencing Judge Overlooked Harsh Detention

    A California man convicted in a $2 million investment fraud scheme asked the Fourth Circuit Wednesday to overturn his 70-month prison sentence, arguing that a North Carolina federal judge wrongly denied his request for a shorter term based on time he spent in harsh overseas detention.

  • April 09, 2025

    Connell Foley Survives Investment Firm's DQ Bid In Bias Suit

    A federal judge in New Jersey has rejected a Black-owned investment company's request to disqualify a Connell Foley LLP attorney from representing the state in the investment firm's bias case, reasoning that there is nothing showing the law firm or the lawyer previously represented the company.

  • April 09, 2025

    Claims Trimmed In Firm's Suit Over Sports Fraud Coverage

    A Florida federal court tossed more than half the claims a law firm raised against an AIG unit for allegedly misleading them into representing a sports memorabilia collector in underlying civil and criminal fraud cases without payment, finding claims against the unit either premature, duplicative or insufficiently pled. 

  • April 08, 2025

    Ex-Outcome CEO, Co-Founder Challenge $1B Fraud Convictions

    Outcome Health's former CEO and co-founder are challenging their convictions for lying about the company's capabilities and value in a $1 billion fraud, arguing a legally deficient fraud theory, unfair narrative evidence and the government's admitted pre-trial asset over-restraint warrant unwinding the jury's verdict.

  • April 08, 2025

    4th Circ. Affirms Dismissal Of IonQ Shareholder Fraud Suit

    The Fourth Circuit on Tuesday declined to revive a shareholder class action against quantum computer developer IonQ, holding that the plaintiffs' reliance on a short seller's report didn't clear the "high bar" for bringing their securities fraud claims against the company.

  • April 08, 2025

    Crypto Investor Sues In Del. Alleging $16M Pump, Dump Loss

    Cayman Islands-registered cryptocurrency venture Hash Asset Management Ltd. sued two other crypto entities and four individuals in Delaware's Court of Chancery on Tuesday, alleging a "pump and dump" scheme that saw more than $16 million allegedly siphoned away in violation of token deposit and lending agreements.

  • April 08, 2025

    TelexFree Investors Can't Sue Wells Fargo, Others As Class

    A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.

  • April 08, 2025

    Four Robinhood Users Must Arbitrate Meme Stock Claims

    A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.

  • April 08, 2025

    FDIC To Look At 'Indexing' Size Thresholds For Bank Rules

    The Federal Deposit Insurance Corp.'s acting chief said Tuesday that the agency may recalibrate what counts as a large bank after years of inflation and is working on other broadly deregulatory plans for banks' living-will filings, a key leverage rule and more.

  • April 08, 2025

    SEC's Uyeda Urges Review Of Federal-State Oversight Splits

    The acting chairman of the U.S. Securities and Exchange Commission on Tuesday called for a reevaluation of the threshold that divides federal and state oversight of investment advisers, saying he wants to better conserve SEC and taxpayer resources by focusing on the largest advisers.

  • April 08, 2025

    Attys In Javice Case Warned About Post-Trial Juror Contact

    A Manhattan federal judge on Monday cautioned attorneys in the criminal case against Frank founder Charlie Javice to adhere to the rules governing post-trial contact with jurors who convicted her and another executive on fraud and conspiracy charges stemming from JPMorgan Chase & Co.'s ill-fated acquisition of the educational startup.

  • April 08, 2025

    Georgia Day Trader Settles SEC's Manipulation Suit For $1.5M

    A Georgia-based day trader has agreed to pay over $1.5 million to end a U.S. Securities and Exchange Commission lawsuit claiming that he was central to a scheme to manipulate trading prices for certain issuers via false rumors he distributed on his financial media network.

  • April 08, 2025

    Compliance Chief Wants Out Of SEC Fraud Suit

    The chief compliance officer and general counsel of a wealth management firm has urged an Illinois federal judge to dismiss him from a U.S. Securities and Exchange Commission suit over an alleged offering fraud by former representatives at his firm, saying "the commission does not even understand what its own pleading burden in this case is."

  • April 08, 2025

    MSP Recovery Sued For Docs In Del. After $33B SPAC Dispute

    A stockholder of healthcare data analytics company MSP Recovery has demanded the company turn over books and records over allegations that it admitted to financial difficulties and federal investigations shortly after finalizing a $32.5 billion blank-check merger nearly three years ago.

  • April 08, 2025

    Calif. Opposes Bid To Freeze State Corporate Climate Regs

    California is opposing a move by the U.S. Chamber of Commerce and other business groups to stop a pair of regulations on corporate climate reporting from going into effect, telling a federal judge that the state is allowed to protect shareholders from potentially deceptive or misleading commercial speech.

  • April 08, 2025

    Fla. Cloud Co. Accuses Ex-Board Member Of SPAC Fraud

    A Florida cloud storage business has accused a former board member of securities fraud in federal court, alleging that a side agreement splitting a finder's fee with an unregistered broker he introduced for a merger deal wasn't disclosed, and now the company faces shutdown if an asset sale isn't halted.

  • April 08, 2025

    Bernstein Litowitz, Kessler Topaz Seek To Lead GSK Investors

    Bernstein Litowitz Berger & Grossmann LLP and Kessler Topaz Meltzer & Check LLP are seeking lead counsel roles in a proposed securities class action against GSK PLC in Pennsylvania federal court, citing a long history of collaboration and billions recovered for shareholders.

  • April 08, 2025

    DOJ Shuts Crypto Unit, Shifts Focus From Intermediaries

    The U.S. Department of Justice is disbanding its crypto unit and directing prosecutors to focus on cases against individuals who harm crypto investors or use digital assets to further other illegal activity, instead of bringing cases against platforms that enable the conduct, according to a memo circulated to all department employees.

  • April 08, 2025

    Justices Halt Order To Reinstate Federal Workers

    The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings. 

  • April 07, 2025

    Vice Chancellor Warns Plaintiff Over AI-Generated Filings

    A Delaware vice chancellor has threatened a plaintiff with sanctions in an appraisal action for allegedly using a "hallucinating" generative artificial intelligence program to prepare his motions and has ordered the plaintiff to disclose his use of AI in court filings moving forward.  

  • April 07, 2025

    Chancellor Asks About High Court Case In $2.1B SPAC Row

    A Delaware vice chancellor wondered Monday why neither side of a derivative suit over the $3 billion take-public merger of battery maker Microvast Holdings Inc. spoke about a recent state supreme court case relevant to the dispute.

  • April 07, 2025

    Coinbase Accused Of Scam Prevention Shortfalls

    A California man has filed a proposed class action seeking to hold cryptocurrency exchange Coinbase liable for failing to implement safeguards against fraudsters who run "pig-butchering" scams.

  • April 07, 2025

    OMB Issues Guidance On Agency Use, Purchasing Of AI

    The Office of Management and Budget issued a pair of memorandums last week that replaced the Biden administration's safeguards on the federal acquisition of artificial intelligence with a policy aimed at accelerating federal agencies' use and procurement of artificial intelligence.

  • April 07, 2025

    Justices' Slack Ruling 'Forecloses' Palantir Shareholder Suit

    Palantir Technologies Inc. has escaped a proposed class action accusing it of deceiving investors about its growth potential, with a Colorado federal judge ruling that his hands were tied by a recent U.S. Supreme Court ruling that "likely foreclosures" certain shareholder lawsuits against companies that go public via a direct listing.

  • April 07, 2025

    Starbucks Asks To Dump Investors' 'Triple Shot' Strategy Suit

    Starbucks has urged a Seattle federal judge to toss a consolidated proposed class action alleging that the coffee chain made overly positive projections for its "Triple Shot Reinvention" strategy that hurt investors when the financial results didn't bear out the company's optimism, saying the plaintiffs haven't shown that Starbucks made any false statements.

Expert Analysis

  • Recent SEC Actions Highlight Importance Of Filing Form D

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    The U.S. Securities and Exchange Commission's enforcement action against three companies last month for failing to timely file Form D is an unprecedented step that should put an end to Regulation D issuers' views that filing these forms is a technical requirement or somewhat voluntary, says Patrick McCloskey at McCloskey Law.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Kansas Bank's Suit Could Upend FDIC Enforcement Authority

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    ​​​​​​​Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.

  • End-Of-Year FCPA Enforcement Surge Holds Clues For 2025

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    The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.

  • What's Next For Accounting Enforcement After SEC's Big 2024

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    The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Insights For Finance Firms, Regulators From House AI Report

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    Though a U.S. House of Representatives report encourages the financial sector to embrace artificial intelligence tools, its focus on ensuring high-quality datasets, transparent development and equitable access underscores that firms and regulators must strike a delicate balance between technological innovation and responsible implementation, says Brendan Palfreyman at Harris Beach.

  • UPS Penalty Demonstrates Goodwill Impairment Red Flags

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    The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • For Accounting Integrity, Start With The Rank-And-File

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    Macy's acknowledgment of an employee's accounting mistake underscores a valuable lesson for company leaders in fostering compliance with the Sarbanes-Oxley Act by cultivating a culture committed to strong accounting integrity and robust oversight, say Keerthika Subramanian and Jon Mantis at Winston & Strawn.

  • Managing Litigation Side-Switching During 2nd Trump Admin

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    Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • The Blueprint For A National Bitcoin Reserve

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    The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

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