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Securities
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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September 08, 2025
Super Micro Hit With Stockholder Derivative Suit In Del.
A Super Micro Computer Inc. stockholder has launched a lawsuit seeking recoveries from top officers and directors for hundreds of millions in damages allegedly arising from false and misleading statements tied to financial reports and internal controls.
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September 08, 2025
Securities Class Actions Had A Late Summer Appellate Bloom
While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.
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September 08, 2025
Swedish Video Game Co. Beats Suit Over Compliance Issues
A Pennsylvania federal judge dismissed claims against Evolution AB in a suit claiming the Swedish gaming company misled investors about its growth and that its subsidiaries routinely conducted business with unlicensed customers, finding that the court does not have jurisdiction over Evolution, since it is not "at home" in Pennsylvania.
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September 08, 2025
Ex-Trader Barred By SEC In Insider Trading Plea Deal
A former Irving Investors LLC trader has agreed to disgorge insider trading gains, to be banned from buying or selling securities based on nonpublic information and to stop communicating nonpublic information to others, all under an SEC enforcement action that parallels a recent criminal plea agreement.
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September 08, 2025
Bank Group Urges Supervision Reform Amid Regulatory Shift
A banking think tank announced Monday a new campaign to persuade federal policymakers to reform bank supervision frameworks the institute described as "subjective, duplicative, tangential to material risks and extralegal," the news following on the heels of a similar proposal issued by federal regulators.
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September 08, 2025
Del. Gov. Defends Corp. Law Overhaul In Pending Appeal
Delaware's governor has weighed in strongly against a state Supreme Court challenge to legislation approved earlier this year barring damages or "equitable" relief for some controlling stockholder or going-private deals, arguing that nothing in the measure unconstitutionally limits court powers.
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September 08, 2025
FibroGen To Pay SEC $1.25M Over Drug Mistatements
Biopharmaceutical company FibroGen Inc. has agreed to pay a $1.25 million penalty to the U.S. Securities and Exchange Commission to resolve claims that its former chief medical officer fudged results for its primary drug, Roxadustat, which treats anemia in kidney disease patients.
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September 08, 2025
New $25M Vanguard Investor Tax Case Deal Gets Initial OK
A $25 million settlement of a class action accusing Vanguard of improperly triggering an asset sell-off that saddled investors with steep tax bills received preliminary approval Monday, according to an order in Pennsylvania federal court, after a $40 million deal was rejected in May.
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September 08, 2025
E-Bike Co. Hid Battery Issues, Investor Says In Stock Suit
An investor sued Fly-E Group Inc. on Monday in New York federal court, alleging that the company and its officers ignored slumping sales because of problems with its lithium-ion batteries, inflating stocks until they dropped by 87% in a single day when the truth came out.
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September 08, 2025
Penny Stock Trader Denies SEC Claims At Trial Despite Plea
An Ohio salesman who in 2022 copped to fraudulently pumping a lone penny stock on Twitter told a Manhattan federal jury Monday that a U.S. Securities and Exchange Commission suit alleging he pilfered $2.5 million via dozens of such schemes seeks to punish him for everyday, lawful behavior.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Court Says Claim For Coverage Declaration Is Untimely
A wiring manufacturer demanding coverage from a Nationwide unit for nearly $32 million in outstanding defense costs over claims it violated federal bribery and accounting laws filed its claim for declaratory judgment too late, a Delaware federal court ruled, pointing to the state's three-year statute of limitations for contract-related actions.
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September 08, 2025
Orrick To Open In Charlotte As Cadwalader Partners Join Firm
Orrick Herrington & Sutcliffe LLP will open an office in Charlotte, North Carolina, as a part of a larger group of eight partners focused on collateralized loan obligations joining the firm from Cadwalader Wickersham & Taft LLP in the U.S. and U.K., Law360 Pulse has learned.
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September 05, 2025
SEC Lost Year's Worth Of Gary Gensler Texts, Watchdog Says
The U.S. Securities and Exchange Commission made "avoidable errors" that caused the agency to lose all text messages sent and received by former chair Gary Gensler for nearly a year of his tenure, some of which haven't been recovered, according to a report from the SEC's Office of Inspector General.
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September 05, 2025
Near Ch. 11 Litigation Trustee Sues MobileFuse In Del.
A litigation trustee for bankrupt data analytics company Near Intelligence Inc. has sued New York-based digital ad company MobileFuse LLC in the U.S. Bankruptcy Court for Delaware, alleging a multiyear circular payment conspiracy that cost Near more than $50.7 million.
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.