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Securities
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June 23, 2025
Ex-DOJ Legislative Affairs Atty Returns To King & Spalding
King & Spalding LLP announced Monday it has rehired a former special matters and government investigations partner who left three years ago for the U.S. Department of Justice's Office of Legislative Affairs, where he most recently was a deputy assistant attorney general.
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June 23, 2025
Mayer Brown Brings On Ex-Athene Atty For Insurance Team
Mayer Brown said Monday that it added a former counsel for retirement services company Athene to its Chicago office, where he will serve as a partner in the firm's corporate and securities practice and global insurance industry group.
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June 20, 2025
Ex-Sidley, Covington Partners Launch White Collar Boutique
The former global co-head of Sidley Austin LLP's white collar defense and investigations practice has joined an ex-white collar partner from Covington & Burling LLP to launch a boutique litigation firm based in New York.
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June 20, 2025
MicroStrategy Brass Face Suit Over $5.9B Bitcoin Loss
Executives and directors of bitcoin-focused software company MicroStrategy Inc. face a shareholder derivative complaint alleging they made over $31 million selling off company stock while its shares were artificially inflated by misrepresentations about the magnitude of upcoming changes to the company's accounting practices for its so-called bitcoin treasury.
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June 20, 2025
Many Foreign Firms Could Face Stricter Access To US Markets
The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.
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June 20, 2025
Trump Inks Rollback Of Biden-Era OCC Bank Merger Rule
President Donald Trump on Friday signed legislation nullifying the Office of the Comptroller of the Currency's Biden-era bank merger rule, clinching a Republican campaign to overturn what industry groups criticized as an overly restrictive and unclear framework for reviewing proposed transactions.
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June 20, 2025
Legal And Finance Influencer To Settle Over FTX Promotion
Attorney and personal finance influencer Erika Kullberg and the talent agency she founded have reached a deal with FTX investors over their alleged roles promoting the now-collapsed crypto exchange.
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June 20, 2025
8th Circ. Sends SEC's $12M Dealer Suit Back To District Court
The Eighth Circuit on Friday granted a request from the U.S. Securities and Exchange Commission to remand a $12 million unregistered dealer judgment the agency won against financial firm Carebourn Capital LP back to the district court, despite Carebourn's bid to keep the matter in the federal appeals court.
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June 20, 2025
Senate's CFPB, PCAOB Cuts Hit Parliamentarian Roadblock
The U.S. Senate parliamentarian has thrown cold water on the Senate Banking Committee's bids to defund the Consumer Financial Protection Bureau and eliminate the Public Company Accounting Oversight Board as part of the "One Big Beautiful" budget megabill, but the panel's top Republican is vowing to keep seeking further spending cuts.
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June 20, 2025
Apple Hit With Securities Suit Over IPhone AI Feature Delays
An Apple investor hit the tech giant and its top brass with a proposed securities class action in California federal court Friday, alleging they duped investors into believing Apple would launch new artificial intelligence Siri features on the iPhone 16 and caused Apple stock to tumble after the rollout was delayed repeatedly.
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June 20, 2025
Concrete Biz Investors Sue In Del. After Book, Record Denials
Stockholders of a U.S. concrete company taken private in an $11.5 billion merger in February sued the business for books and records on Friday, arguing the company's denial of access wrongly cited the previous dismissal of a shareholder suit alleging unfair merger terms.
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June 20, 2025
SEC Weighs Settlement After 1st Circ. Pulls $93M Win
The U.S. Securities and Exchange Commission has entered settlement negotiations with Massachusetts-based financial firm Commonwealth Financial Network, two months after the First Circuit nixed the agency's $93 million win against the company, according to a court document filed Friday.
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June 20, 2025
SEC Axes 3 More Dealer Suits In Continued Policy Shift
The U.S. Securities and Exchange Commission has voluntarily dismissed three lawsuits accusing a hedge fund and two penny stock traders of operating as unregistered securities dealers, continuing the new Republican leadership's shift away from pursuing cases that defendants argued unlawfully expanded agency oversight.
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June 20, 2025
Investor Can't Get Emergency Injunction In Sinovac Battle
A New York federal judge will not grant an investor an emergency injunction to preserve the status quo as it pursues arbitration in Hong Kong or Beijing stemming from a bitter, yearslong battle for control of Chinese vaccine maker Sinovac, saying the investors have not demonstrated a likelihood of "irreparable harm."
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June 20, 2025
NJ Tech Co. Brass Face Suit Over NASA Partnership Claims
Executives and directors of Quantum Computing Inc. have been hit with a shareholder's derivative lawsuit accusing them of misleading investors on the company's dealings with NASA, its revenues and its progress on building a chip foundry.
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June 20, 2025
Chancery OKs Expedited Trial In Nielsen Co. Suit
Nielsen Holdings Ltd. won an early partial victory Friday in a suit accusing a consumer intelligence venture it spun off in 2021 of seeking to cut off access to data used by the former parent and another business Nielsen Holdings intends to sell to the spinoff's competitor, Circana LLC.
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June 20, 2025
Exxon Says Class Action Trial Should Be Pushed To 2026
Exxon Mobil told a federal court Friday that a November trial in a class action accusing the oil giant of misleading investors should be delayed, writing that the class is seeking a trial on new theories of liability that were not presented at class certification.
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June 20, 2025
Wells Fargo Escapes Ex-Worker's Suit Over 401(k) Forfeitures
Wells Fargo defeated a proposed class action claiming it unlawfully used forfeited 401(k) funds to offset its own contributions instead of covering retirement plan expenses, as a Minnesota federal judge said the plan didn't require the company to pay for elective services.
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June 20, 2025
4 ERISA Cases To Watch In The 2nd Half Of 2025
The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.
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June 18, 2025
Rio Tinto Agrees To $139M Mongolian Mine Suit Settlement
Rio Tinto agreed to pay $139 million to resolve a putative securities class action that accused the mining giant of concealing delays and cost overruns in a $7 billion copper-gold mine development in southern Mongolia, according to a group of investment funds' Wednesday motion for the settlement's preliminary approval.
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June 18, 2025
Alphabet, Investors Face Judge's Questions Over $500M Deal
A California federal judge has questions about an investor settlement with Google's parent company, Alphabet Inc., which agreed to earmark half a billion dollars over the next 10 years to overhaul its global compliance structure to resolve claims against company leaders of anticompetitive and monopolistic practices.
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June 18, 2025
Toyota Says DOJ Has Closed Thai Bribery Probe
Toyota said Wednesday that the U.S. Department of Justice has closed a long-running Foreign Corrupt Practices Act investigation concerning allegations of bribery at its Thai subsidiary, the latest such probe to be dropped under the Trump administration.
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June 18, 2025
OCC Orders Earnings, Strategy Overhaul For 'Troubled' Carver
Carver Federal Savings Bank, one of the nation's largest Black-led banks, has agreed to undertake new strategic planning and efforts to improve its earnings in response to regulatory concerns flagged by the Office of the Comptroller of the Currency.
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June 18, 2025
NY Prosecutors Seize Crypto Linked To Social Media Scams
New York Attorney General Letitia James on Wednesday said her office and the Brooklyn District Attorney's Office collaborated to seize and freeze $440,000 worth of cryptocurrency that was stolen via Facebook scams targeting Russian-speaking communities in the city and beyond.
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June 18, 2025
Anavex Gets Suit Over Rett Syndrome Clinical Trials Nixed
A New York federal judge tossed an Anavex investor's proposed class action alleging she suffered losses from its misleading statements regarding methodologies used in neurological treatment clinical trials, ruling that stock prices rose from the day the statements were made after Anavex made corrective disclosures in a pre-market earnings call.
Expert Analysis
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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9th Circ. Ruling Clarifies Derivative Suit Representation Test
The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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4th Circ. Latest To Curb Short-Seller Usage In Securities Suits
The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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SEC's Crypto Statement Offers Clarity On Disclosures
While the crypto industry awaits a definitive rule from the U.S. Securities and Exchange Commission on whether a crypto-asset is a security, its recent guidance provides a road map for registrants seeking to comply with current disclosure requirements and shows the commission is working toward a comprehensive regulatory framework, say attorneys at Debevoise.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Strategies To Limit Inherent Damage Of Multidefendant Trials
As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.
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Parsing The SEC's New Increased Co-Investment Flexibility
The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.