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Securities
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April 22, 2025
Kalshi, Crypto.com Fight Md. Regulator On Sports Contracts
Trading platform KalshiEx LLC and the derivatives platform owned by Crypto.com have each sued Maryland gaming regulators for allegedly preempting federal authority with directives to shut down sports event contracts the agency contends are unregistered wagers.
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April 22, 2025
Tivity Health Denied Win In Suit Over Nutrisystem Buy
Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.
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April 22, 2025
Deutsche Bank Appeals Conn. Asset Price Suit Loss
Deutsche Bank AG has asked a Connecticut appeals court to hear its case against Norwegian billionaire Alexander Vik and his daughter Caroline after a lower court ruled that it cannot relitigate its claims that the Viks purposely devalued certain assets to avoid paying a $243 million debt.
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April 22, 2025
Intel Asks For Final End To Claims Over Chipmaking Problems
Intel Corp. has told a California federal judge that a group of investors on a second try failed again to show that the company concealed problems in its domestic computer chipmaking business before posting results on Aug. 1 that led to its largest single-day stock decline since 1985.
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April 22, 2025
Scott + Scott To Lead Medical Cannabis REIT Securities Suit
A Maryland federal judge picked Scott + Scott as the lead class counsel Tuesday for a proposed securities class action accusing a medical cannabis-focused real estate investment trust of misleading shareholders about its declining rents, declining property management fees and the state of its leasing operations.
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April 22, 2025
Santos, Attys Say Social Media Posts Don't Negate Remorse
George Santos and his attorneys wrote to a Brooklyn federal judge saying the former Congressman's posts on social media claiming to be a victim of government persecution don't negate the remorse he feels for stealing from campaign donors and inflating fundraising numbers.
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April 22, 2025
Jay Clayton Sworn In As Interim US Atty For SDNY
Jay Clayton, President Donald Trump's pick to lead the U.S. Attorney's Office for the Southern District of New York, was sworn in Tuesday as the top federal prosecutor in Manhattan on an interim basis while he awaits confirmation from the Senate.
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April 22, 2025
Court Appoints Monitor In SEC's $1B PE Fraud Case
A Florida federal judge has appointed a founding partner of a Florida law firm to serve as a monitor in the U.S. Securities and Exchange Commission's suit against a private equity firm it says defrauded investors in a $1 billion fund focused on real estate and small business funding.
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April 22, 2025
JPMorgan Fined $650K Over Regulation M Reporting Failures
The Financial Industry Regulatory Authority and several stock exchanges, including Nasdaq and some New York Stock Exchange entities, teamed up to fine JPMorgan $650,000 for failing to file hundreds of required reports under Regulation M, which makes it unlawful for brokers to trade on certain securities during a restricted period.
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April 22, 2025
Del. Justices Order Matterport CEO Cash-Out Recalculation
Delaware's Supreme Court reversed and ordered a recalculation Tuesday for a $79 million Court of Chancery ruling on additional damages and interest due a former CEO of 3D building imaging company Matterport Inc. who challenged his $80 million cash-out in a 2021 go-public sale.
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April 22, 2025
Wells Fargo 'Sham' Hiring Suit Delayed For Mediation
A California federal judge agreed to move deadlines in a proposed investor class action accusing Wells Fargo of conducting "sham" job interviews to meet diversity targets that later triggered a stock drop when the practice was revealed, citing plans to attempt mediation in May.
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April 22, 2025
Morgan Lewis Hires Ex-CFTC General Counsel
Robert A. Schwartz, the former general counsel of the U.S. Commodity Futures Trading Commission, has joined Morgan Lewis & Bockius LLP as a partner in its investment management practice, the firm announced Tuesday.
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April 21, 2025
Binance Crypto Suit Sent To Florida To Avoid Duplication
A Washington federal judge on Monday transferred to Florida a proposed class action over Binance's alleged role in laundering stolen cryptocurrency, finding that the case heavily overlapped with a lawsuit filed earlier in the Sunshine State that was sent to arbitration.
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April 21, 2025
NJ Investment Firm Accused Of Aiding Alleged $300M Ponzi
A New Jersey investment adviser has been hit with a proposed class action claiming the company helped recruit marks for what the U.S. Securities and Exchange Commission has called a $300 million Ponzi scheme, making it at least the second company to be sued for its alleged connections to the fraud operation.
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April 21, 2025
CFTC's Crypto Shift Leaves KuCoin Settlement In Limbo
A recent shift in the U.S. Commodity Futures Trading Commission's stance toward the cryptocurrency industry has cast a cloud over the agency's prospective settlement with bitcoin exchange KuCoin, with an agency attorney telling a New York federal judge it was unlikely the deal would be approved by the commission "in the near term."
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April 21, 2025
Trump Media Exec Seeks Penalties In 'Frivolous' Hacking Suit
A board director for President Donald Trump's social media company and his associate urged a Florida federal court to impose sanctions in a "frivolous" lawsuit alleging they hacked a cloud server to steal documents used to oust the former CEO, saying their accusers can't show what information was allegedly taken.
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April 21, 2025
NJ Says KalshiEx Can't Rebrand Bets To Dodge Gambling Law
New Jersey regulators fired back at KalshiEx LLC's challenge to the state's block of the platform's sports event contracts, arguing the firm can't sidestep registration under the state's gambling laws "just by offering sports wagers in a different format."
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April 21, 2025
Paramount Global, Stockholders Pause Skydance Doc Suit
Paramount Global and three pension fund stockholders have agreed to pause a suit seeking records on the entertainment giant's planned $8 billion merger with Skydance Media pending further negotiations or closing on the deal.
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April 21, 2025
EV Chipmaker Wolfspeed's Execs Sued For Overstated Growth
Executives and directors of North Carolina-based electric vehicle chip manufacturer Wolfspeed Inc. were hit with a derivative suit on Monday alleging they overstated the potential effects a fabrication facility would have on increasing Wolfspeed's revenue and output.
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April 21, 2025
Crypto Cos. Sued Over 'Covert' Meme Coin 'Pump-And-Dump'
A proposed securities class action in New York federal court is accusing a crypto platform, a venture capital firm and their executives of a "covertly orchestrated" scheme to pump and dump a token affiliated with a newly launched meme coin exchange.
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April 21, 2025
Asset Manager Admits Stealing $3M From Real Estate Cos.
A Connecticut asset manager who helped clients buy and manage real estate portfolios has pled guilty to stealing nearly $3 million from entities in five states to fund his day trading endeavors, federal prosecutors announced Monday.
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April 21, 2025
DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule
The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.
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April 21, 2025
Imprisoned Ex-Pharma Exec Must Pay SEC $1.8M
The former leader of a pharmaceutical company currently serving a 20-month sentence for using a fake name to get around a U.S. Securities and Exchange Commission ban has been ordered to cough up $1.8 million within 90 days of his release or be ready to explain why he cannot.
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April 21, 2025
YouTube's 'Nelk Boys' Want Suit Over NFTs Tossed
A pair of influencers behind the YouTube channel "Nelk Boys" asked a California federal judge to toss a lawsuit brought by a buyer of their crypto product who claimed the promised benefits never materialized, arguing the complaint does not show the defendants made any claims that have not or will not be fulfilled.
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April 21, 2025
Judge Blocks Pot Co. CEO's Bid To Enforce $1.5M Settlement
The founder of a defunct marijuana greenhouse leasing business cannot reopen an investor class action to enforce a $1.5 million settlement and declare a related bankruptcy action unlawful, a Colorado federal judge has ruled, finding that he has already filed a separate lawsuit asking for the same things.
Expert Analysis
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.