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Securities
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June 17, 2025
Crypto Co. Says Meme-Coin Creating Atty Can't Rep Theft Suit
Cryptocurrency wallet provider Phantom Technologies has asked a New York federal judge to disqualify an attorney from representing a group of plaintiffs, including himself, in a suit he filed over the alleged theft of half-a-million dollars worth of a meme coin he created in honor of his pet dachshund.
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June 17, 2025
Decarb Investors Reach $8.8M Deal In Hyzon Motors SPAC Suit
An investor who challenged a $2.1 billion take-public merger for Hyzon Motors Inc. in 2021 that he says deprived them of the opportunity to make an informed choice between sticking with the deal or cashing out told a Delaware vice chancellor Monday they've settled the case for $8.8 million.
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June 17, 2025
Utah Man Can't Escape SEC's Microcap Stock Scheme Suit
A Utah bookkeeper can't escape U.S. Securities and Exchange Commission allegations he served as a middleman in a penny stock pump-and-dump scheme because the SEC's complaint appropriately details its assertion that he was, at least, reckless, in connection with the matter, a federal judge has determined.
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June 17, 2025
Beverage Co.'s Rihanna Rum Claims Were Bunk, SEC Says
A purported beverage company and its founder face Securities and Exchange Commission claims they defrauded would-be investors out of $3.6 million by misrepresenting how they aimed to use funds they raised and inaccurately suggesting the company was poised to collaborate with pop star Rihanna.
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June 17, 2025
ImmunityBio's $10.5M Investor Deal Gets Final OK
A California federal judge has granted final approval to a $10.5 million settlement between oncology drug company ImmunityBio Inc. and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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June 17, 2025
Energy Co. Brass Faces Investor Suit Over LNG Project Delays
Executives and directors of New Fortress Energy Inc. have been hit with a shareholder's derivative suit accusing them of misleading investors about the company's timeline for completing a liquefied natural gas facility off the coast of Mexico.
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June 17, 2025
Del. Justices Undo $200M Award In TransCanada Case
Pointing in part to an earlier appellate ruling, Delaware's highest court on Tuesday reversed a Court of Chancery decision that ordered the former TransCanada Corp. to pay $199 million to former Columbia Pipeline Group Inc. shareholders allegedly shorted in a 2016 merger.
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June 17, 2025
Canadian Banks Decry BioPharma's 'Abusive' Spoofing Suit
The brokerage arms of the Royal Bank of Canada and the Canadian Imperial Bank of Commerce are fighting a lawsuit accusing them of spoofing the stock of a biopharmaceutical company, arguing that the "abusive litigation" does not belong in a U.S. courtroom.
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June 17, 2025
Cannabis REIT Reckless To Claim Due Diligence, 3rd Circ. Told
Investors in a cannabis-focused real estate investment trust urged the Third Circuit on Tuesday to revive their proposed class action alleging it violated securities laws by ignoring information about a tenant, saying it was reckless to have claimed it conducted due diligence when it knew it did not.
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June 17, 2025
GOP Lawmaker Praises DOL IG's Law Firm Agreements Audit
The chair of the Republican-led U.S. House Committee on Education and the Workforce on Tuesday praised a U.S. Department of Labor watchdog for investigating the agency over allegations it shared confidential information with plaintiffs attorneys, which comes after the panel called for an investigation in November.
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June 17, 2025
Investors Say Exxon Trial Should Remain On Schedule
A class of investors has told a Texas federal judge that Exxon Mobil has no basis to ask the court to stall a November trial for a suit accusing the oil giant of misleading investors, saying Exxon didn't point out any factors that would merit a delay.
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June 17, 2025
AT&T Beats Investor Suit Over Lead-Lined Cables, For Now
A Texas federal judge has tossed a securities class action against AT&T and several of its executives alleging they misled investors about removing lead-covered copper cables from the company's network, finding that the plaintiffs have failed to meet the heightened pleading bar for securities fraud.
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June 17, 2025
Commodities Scheme Operator Gets 65 Years, Owes $75M
The operator of a commodities scheme who evaded taxes and stole precious metals from his clients was sentenced to 65 years in prison and ordered to pay more than $75 million in restitution Tuesday by a Delaware federal court that also denied his request for a new trial.
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June 17, 2025
FINRA Fines Ex-Canaccord Compliance Head Over Monitoring
The Financial Industry Regulatory Authority has suspended Canaccord Genuity LLC's former chief compliance officer and the former head of its trading compliance group, and fined them a combined $15,000 for alleged surveillance lapses.
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June 17, 2025
Gemini Says CFTC Enforcement Went 'Trophy-Hunting' In Suit
The crypto exchange Gemini on Tuesday slammed the U.S. Commodity Futures Trading Commission's Enforcement Division and the attorneys who pursued a now-settled case against the firm, calling the division "out of control" and accusing its attorneys of engaging in "trophy-hunting lawfare."
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June 17, 2025
Alston & Bird Hires Former EDNY Deputy Section Chief
Alston & Bird LLP announced Tuesday that it has welcomed the former deputy chief of the Business and Securities Fraud Section in the U.S. Attorney's Office for the Eastern District of New York.
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June 17, 2025
Florida Judge Awards $487K In Real Estate Fraud Case
A Florida federal judge awarded more than $487,000 to two investors who alleged that they were tricked into providing funds for multiple South Florida real estate projects in a multimillion-dollar real estate fraud scheme.
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June 16, 2025
DOJ Won't Charge PE Firm That Acquired Sanctions Violator
The U.S. Department of Justice has decided not to go after private equity firm White Deer Management LLC after it discovered and voluntarily disclosed that Unicat's former leadership had violated economic sanctions and export laws, according to an announcement made Monday.
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June 16, 2025
Krispy Kreme Brass Face Investor Suit Over McDonald's Deal
Officers and directors of doughnut chain Krispy Kreme Inc. are facing shareholder derivative claims that they concealed that a partnership with burger chain McDonald's was yielding disappointing results, hurting investors when the company finally conceded that it was facing financial uncertainty in connection with the deal.
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June 16, 2025
Maryland, Kalshi Clash Over Sports Contract Oversight
Maryland regulators and KalshiEx are dueling over whether the trading platform's past battle with the U.S. Commodity Futures Trading Commission to list its election contracts complicates its current bid to block Maryland regulators from taking action over contracts that allow traders to wager on the outcome of sporting events.
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June 16, 2025
Consolidated SVB Class Action Survives 3 Dismissal Bids
A California federal judge has rejected three bids to dismiss a proposed shareholder class action against Silicon Valley Bank's brass, underwriters and auditor stemming from the bank's 2023 failure, finding the plaintiffs' "well-pleaded" allegations can continue.
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June 16, 2025
Fla. Investor Exploited Puerto Rico Law To Avoid $7M Tax Bill
A Miami-Dade County investor has pled guilty to filing a false tax return with the Interanl Revenue Service in an attempt to shield $30 million in trading proceeds from capital gains taxes by moving to Puerto Rico and retroactively changing the status of his company to an S corporation.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
CFTC Founding Chair Bagley Dies At 96
The U.S. Commodity Futures Trading Commission's first chair, William T. Bagley, has died at the age of 96.
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June 16, 2025
Canadian Atty Must Pay SEC $323K Over Stock Promotion
A Canadian securities attorney will pay over $323,000 to resolve U.S. Securities and Exchange Commission allegations that he drafted and executed sham consulting agreements at the heart of a scheme to conceal pay-for-play promotion of two so-called Regulation A offerings.
Expert Analysis
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Parsing The SEC's No-Action Letter On Rule 192 Compliance
Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.
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High Court Order On Board Firings Is Cold Comfort For Fed
The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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SEC Staff Input Eases Path For Broker-Dealer Crypto Activities
Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.
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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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How The DOJ Is Redesigning Its Approach To Digital Assets
Two key digital asset enforcement policy pronouncements narrow the Justice Department's focus on threats like fraud, terrorism, trafficking and sanctions evasion and dial back so-called regulation by prosecution, but institutions prioritizing compliance must remember that the underlying statutory framework hasn't changed, say attorneys at Blank Rome.
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At 'SEC Speaks,' Leaders Frame New Views
At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Calif. Digital Assets Proposal Provides Only Partial Clarity
Recently proposed regulations under California's Digital Financial Assets Law answer some important questions about the new regime, particularly regarding its interaction with the state's money transmission law, but many key compliance questions remain, say attorneys at Stinson.
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Staying The Course Amid Seismic DOJ White Collar Changes
While some of the big changes at the U.S. Department of Justice during the second Trump administration — like an embrace of cryptocurrency and more politicized prosecutions — were expected, there have also been surprises, so practitioners should advise clients to stay focused on white collar compliance in this unpredictable environment, say attorneys at Keker.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.