Securities

  • May 07, 2025

    Judge Certifies Class In Wheat Futures Manipulation Case

    An Illinois federal judge Wednesday certified a class of traders who held positions in certain wheat futures contracts in a class action accusing agribusiness The Andersons Inc. of manipulating its wheat futures and options price, saying, "most importantly, the efficiencies of adjudicating this matter as a class action are overwhelming."

  • May 07, 2025

    Chancery Arrest Order Sought In Family Holding Co. Feud

    Two principals in real estate venture Regency Holdings LLC sought a rare Delaware Court of Chancery civil contempt and arrest order Wednesday, accusing their sister — Regency's ex-manager and purported majority interest holder — of diverting millions of dollars in company assets despite the appointment of two receivers.

  • May 07, 2025

    Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures

    The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.

  • May 07, 2025

    Moelis Atty Says Chancery Ruling 'Handcuffed' Co.

    A Delaware Court of Chancery ruling that last year invalidated a decade-old stockholder agreement granting broad corporate powers to investment bank Moelis & Co.'s founder "handcuffed for no reason" directors of state-chartered corporations, an attorney for the company told Delaware's Supreme Court on Wednesday.

  • May 07, 2025

    Del. Justices Deny Bid To Revive Carvana Insider Trading Suit

    Delaware's Supreme Court rejected a bid by Carvana stockholders to revive insider trading claims against the father of the company's CEO, alleging the senior businessman controlled the online car retailer and used inside information when selling $3.7 billion in shares.

  • May 07, 2025

    Walgreens Wants 'Far-Fetched' Shareholder Suit Tossed

    Walgreens contends that a proposed class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division and primary clinic investment must be dismissed because it lacks factual allegations to back its claim that Walgreens made any misstatements to shareholders about its financial outlook, let alone with fraudulent intent.

  • May 07, 2025

    NYC Developer Conned Investors Out Of $10M, Feds Say

    A real estate developer involved in several projects in New York City was charged by federal prosecutors with misappropriating about $10 million in investor funds and using the money to finance a lavish lifestyle and cover gambling losses.

  • May 07, 2025

    FSOC Rethink Of SIFI Labeling 'Is On Agenda,' Bessent Says

    U.S. Treasury Secretary Scott Bessent signaled at a U.S. House hearing on Wednesday that the Financial Stability Oversight Council may seek again to curb its power to single out large asset managers and other nonbank financial firms for heightened regulation.

  • May 07, 2025

    McMahon's Misconduct Docs Sought In WWE Merger Suit

    Shareholders seeking damages from World Wrestling Entertainment Inc.'s disputed $21.4 billion merger with Ultimate Fighting Championship have urged a Delaware vice chancellor to force WWE's former CEO, Vince McMahon, to hand over documents regarding his alleged sexual misconduct and hush money payments, arguing they are central to the suit.

  • May 07, 2025

    Nordstrom's Investor Can't Block Vote On Go-Private Deal

    A Washington federal judge said he won't block a shareholder vote on Nordstrom's proposed $6.25 billion deal to go private, issuing a sealed order on Tuesday denying a preliminary injunction bid in a proposed investor class action.

  • May 07, 2025

    Top Regional Atty At Binance Joins Steptoe White Collar Team

    The former legal leader for Binance's Americas region, who also has been in-house with Vimeo and the U.S. Commodity Futures Trading Commission, has transitioned into private practice at Steptoe LLP, the firm said Wednesday, as policymakers work to set rules of the road for cryptocurrency.

  • May 06, 2025

    Dems Exit Hearing After Calling For Crypto Conflict Limits

    House Democrats continued to call for coming digital asset legislation to limit potential conflicts of interest in light of the Trump family's crypto ventures at a Tuesday joint hearing between the financial services and agriculture committees that saw some members walk out in opposition.

  • May 06, 2025

    PennyMac Wins Quick 9th Circ. Appeal Of Libor-Rate Ruling

    A California federal judge on Monday allowed PennyMac entities to pursue their quick appeal in a proposed class action alleging they illegally imposed a lower fixed interest rate instead of a variable rate on preferred-stock dividends, asking the Ninth Circuit to clarify whether the Libor Act bars such fixed rates.

  • May 06, 2025

    VIX Note Investors Can't Revise Revived Suit, Judge Finds

    Investors who claimed Credit Suisse manipulated the market for a certain exchange-traded note it issued can't revise their suit to add claims about the bank's lending practices and internal calculations, a New York federal judge has determined.

  • May 06, 2025

    SDNY Taps Sullivan & Cromwell Atty To Lead Criminal Division

    A former Sullivan & Cromwell LLP partner has been selected to lead the U.S. Attorney's Office for the Southern District of New York's criminal division, according to an announcement made Tuesday.

  • May 06, 2025

    Medical Device Co. SeaStar Seeks Toss Of Shareholder Suit

    SeaStar Medical Inc. has urged a Colorado federal judge to toss a proposed class action alleging the healthcare company misled investors about potential regulatory risks and compliance deficiencies, arguing the amended complaint "attempts to create the illusion of factual particularity through a façade of prolixity."

  • May 06, 2025

    Judge Scolds US Over 'Vague' Bid To Stay $380M Award Row

    A California federal judge has scolded the Trump administration as it tries to seize part of a $380 million arbitral award purportedly tied to embezzled Malaysian funds, saying it has not constructively engaged in the discovery process while seeking a stay during related criminal proceedings.

  • May 06, 2025

    NC Staffing Biz Hits Ch. 11 After Scuttled Merger And Delisting

    Five affiliates of a North Carolina staffing company have filed for Chapter 11 bankruptcy protection, listing debts of up to $100 million after a planned merger fell through and its stock was delisted.

  • May 06, 2025

    Golf Gear Co. Sued In Del. Over Controller Share Sales

    A pension fund stockholder of golf gear maker and distributor Acushnet Holdings Corp. sued its controlling stockholders and directors on Monday for purportedly lining up hundreds of millions in company share repurchases that preserved the controllers' status despite repeated stock sales.

  • May 06, 2025

    SEC Panel Says Easier Trading Would Rev Up 'Reg A'

    A small business-focused committee advising the Securities and Exchange Commission expressed renewed support on Tuesday for easing secondary trading in connection with Regulation A, hoping to broaden the appeal of this lightly used alternative to an initial public offering.

  • May 06, 2025

    B. Riley Escapes Investor Suit Over National Holdings Buyout

    Delaware's Chancery Court has dismissed B. Riley Financial Inc. from a suit challenging its 2021 acquisition of National Holdings Corp., rejecting a former National stockholder's claim that B. Riley controlled the negotiations in the shadow of its significant stake in National.

  • May 06, 2025

    SEC Asks High Court To Skip $22.7M Disgorgement Case

    The U.S. Securities and Exchange Commission responded to an investment advisory firm's request for the U.S. Supreme Court to review a First Circuit ruling upholding an order for the firm to pay $22.7 million in disgorgement, arguing that investor losses are not necessary for disgorgement orders.

  • May 06, 2025

    Ex-CEO Can't Shake Conviction In COVID Test Kit Fraud Case

    The former chief executive of a healthcare software company who touted a $670 million COVID test kit deal that collapsed was denied acquittal Monday by a Newark federal judge who ruled the evidence was sufficient for a reasonable juror to find beyond a reasonable doubt that he had engaged in securities fraud.

  • May 06, 2025

    Morgan Stanley Says SEC Has Closed Cash Sweep Probe

    The U.S. Securities and Exchange Commission has ended an investigation into Morgan Stanley's cash sweep program without recommending an enforcement action, the bank told investors.

  • May 06, 2025

    Investors Sue West Pharma Over Post-COVID Stock Losses

    The New England Teamsters Pension Fund has sued West Pharmaceutical Services Inc. and its top brass, alleging they misled investors by overstating demand for the company's high-margin products and hiding the loss of contracts after the COVID-19 pandemic, causing a stock price drop when the truth was finally revealed.

Expert Analysis

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • What Del. Corporate Law Rework Means For Founder-Led Cos.

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    Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future

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    Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • The Fund Finance Market Is In Its Transformative Era

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    The fund finance market is experiencing explosive growth as it develops into a mature and sophisticated industry, with several recent developments – such as an increase in net asset value lending and a shift toward borrower-friendly terms – reshaping the landscape of this rapidly evolving sector, say attorneys at Fried Frank.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • Opinion

    SEC Shouldn't Complicate Broker-Dealers' AML Compliance

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    Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.

  • Executive Orders Paving Way For New Era Of Crypto Banking

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    Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.

  • Retirement Plan Suits Show Value Of Cybersecurity Policies

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    Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.

  • Explaining CFPB's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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