Securities

  • June 07, 2021

    Rising Star: Latham & Watkins' Gavin Masuda

    Latham & Watkins LLP partner Gavin Masuda locked down an industry-shaking victory for Restoration Robotics in California state court last year and has deftly defended accounting firms and underwriter banks from major professional liability, post-IPO and merger-related litigations, earning him a spot as one of seven securities attorneys under age 40 honored by Law360 as Rising Stars.

  • June 04, 2021

    Feds Attack Ex-Theranos CEO's 45-Page Juror Questionnaire

    The 45-page juror questionnaire proposed by ex-Theranos CEO Elizabeth Holmes for her impending fraud trial is "excessive, invasive, and unlikely" to help the California federal court select an impartial jury, federal prosecutors argued.

  • June 04, 2021

    B. Braun Medical Must Face ERISA Suit Over 401(k) Plan

    A Pennsylvania federal judge on Friday refused to toss a proposed ERISA class action alleging B. Braun Medical Inc. mismanaged its 401(k) plan, finding that four former employees had backed up their allegations that the medical device manufacturer improperly selected high-cost investments and incurred excessive record-keeping fees.

  • June 04, 2021

    Mitchell Silberberg & Knupp Ink $32M Deal For Jay Peak Role

    Mitchell Silberberg & Knupp LLP has agreed to pay $32.5 million to resolve claims from investors and a court-appointed receiver that the law firm and one of its partners breached their fiduciary duty and assisted an EB-5 immigrant investor fraud scheme involving the Jay Peak ski resort in Vermont.

  • June 04, 2021

    US Prosecutors Still Can't Seize Alleged 1MDB Funds

    U.S. prosecutors have again come up short in their bid to seize some $329 million allegedly connected to embezzled 1Malaysia Development Berhad funds after a judge in California ruled on Friday that the government hadn't sufficiently shown how the money was tied to the conspiracy.

  • June 04, 2021

    SEC Removes PCAOB's Trump-Era Boss

    The U.S. Securities and Exchange Commission on Friday removed William Duhnke as chairman of the Public Company Accounting Oversight Board, pleasing Wall Street critics and frustrating the SEC's two Republican commissioners.

  • June 04, 2021

    Rosenberg & Estis Seals $1.5B NYC Loan Amid Pandemic

    With emails zipping around, Rosenberg & Estis attorneys leaned into a virtual environment to help the Durst Organization clinch a $1.5 billion refinancing package for several Manhattan trophy properties, as the firm raced a changing market to try to wrap up the commercial mortgage-backed securities portion of the deal.

  • June 04, 2021

    Wine Co. Investor Says Majority Owner 'Misleading' Court

    A Chilean wine company minority shareholder called the company's owner an "international fraudster" who holds "utter disregard for this court's authority," as he attempts to shake a $28.7 million award enforcement suit in a Florida federal court.

  • June 04, 2021

    Judge Backs Contempt If Unregistered Agent Doesn't Pay SEC

    A federal magistrate has recommended that a Florida man be given three months to arrange payment of a nearly $900,000 judgment entered against him for allegedly selling unregistered securities of the Woodbridge Group of Companies LLC, which was revealed as a $1.2 billion Ponzi scheme, or be held in contempt.

  • June 04, 2021

    SEC Signals New Direction On Proxy Advice Regulations

    The U.S. Securities and Exchange Commission's decision to reconsider new rules governing proxy advisory firms signals a policy shift that could alter or undo what is seen as a corporate-friendly regulatory regime installed at the tail end of the Trump administration.

  • June 04, 2021

    OCC Counsel Alum Joins Murphy & McGonigle

    Murphy & McGonigle has hired an attorney who for more than a decade rose through the ranks of the Office of the Comptroller of the Currency and worked on one of the first financial technology charters that the regulator approved, the firm has announced.

  • June 04, 2021

    Insurer Wants Out Of Blue Bell Investor Listeria Suit

    Two Travelers units have brought Blue Bell Creameries to Texas federal court, saying they do not have to cover the ice cream maker in a shareholder suit over its alleged failure to prevent the 2015 listeria outbreak that caused a mass recall of Blue Bell's ice creams.

  • June 04, 2021

    Crypto Platform Faces Shutdown After Investor Complaints

    A New York judge on Friday appointed a receiver for unregistered cryptocurrency trading platform Coinseed Inc., and indicated that he would order the company to halt operations following claims it has locked users' accounts and tanked investor portfolios since being sued by state and federal regulators.

  • June 04, 2021

    Judge Pauses Cred Inc. Borrower's Third-Party Ch. 11 Claims

    A Delaware bankruptcy judge Friday gave a two-week pause to a lawsuit by an investment company allegedly swindled out of millions by third parties tied to bankrupt cryptocurrency venture Cred Inc., saying it initially appears that the claims belong to Cred.

  • June 04, 2021

    Feds Warn Of Biotech Exec's Next Stock Scam Without Prison

    A biotech corporate insider who was dinged for a stock promotion scheme and went on to commit criminal insider trading deserves a year in prison to help ensure he doesn't break the law again, prosecutors told a Massachusetts federal judge Friday.

  • June 04, 2021

    Judge Gibney To Open Up 3rd Seat In Va.'s Eastern District

    U.S. District Judge John A. Gibney Jr. of the Eastern District of Virginia plans to take senior status later this year, his office confirmed to Law360 on Friday, giving Democrats a third opening on the "rocket docket" court.

  • June 04, 2021

    Atty Fees Trimmed By $100K In Bluebird Bio Pay Suit

    Cooch and Taylor PA and Newman Ferrara LLP got $100,000 less than they sought for work settling an investor suit over Bluebird Bio Inc.'s director compensation, with a Delaware vice chancellor ruling Friday that the deal's terms didn't warrant more than a $400,000 fee award.

  • June 04, 2021

    Rising Star: Labaton Sucharow's Francis P. McConville

    Francis P. McConville of Labaton Sucharow LLP co-chairs the firm's case development group and was involved in a securities class action against Brazilian energy company Petrobras that recently resulted in a $3 billion settlement, earning him a spot among the securities law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 04, 2021

    Hearing Loss Biotech Sued By Investor Over 78% Stock Drop

    Frequency Therapeutics Inc. and its chief executive hid disastrous clinical trial results that undermined the prospects of its lead hearing loss treatment while dumping shares before the findings became public, an investor in the Massachusetts company said in a putative class action filed Thursday.

  • June 04, 2021

    Competition Watchdog Probes IHS Markit, CME Joint Venture

    Britain's competition watchdog said on Friday that it is investigating a proposed joint venture between subsidiaries of financial information provider IHS Markit Ltd. and CME Group, a derivatives exchange.

  • June 04, 2021

    FCPA's High Costs May Cause Tightening In D&O Market

    U.S. authorities' recent probing of Toyota for possible Foreign Corrupt Practices Act violations illustrates the heightened enforcement risks faced by corporate policyholders, which could encounter an even harder market for directors and officers insurance, according to legal experts.

  • June 04, 2021

    Vedder Price Bulks Up New Dallas Office With Litigation Pro

    A seasoned litigator has ended her more than 15-year tenure at Jackson Walker LLP to join Vedder Price PC at its new Dallas office, where she will help the firm build out its Texas litigation offerings.

  • June 03, 2021

    Biden's Anti-Corruption Vow Could Supercharge Enforcement

    President Joe Biden's anti-corruption directive to more than a dozen federal agencies Thursday signals a sea change in the government's approach to policing graft, attorneys say, placing renewed emphasis on cooperation and expanding enforcement beyond typical corporate bribery schemes.

  • June 03, 2021

    1 Firm Eked Ahead Of Peers Amid Bumpy May IPO Market

    Cooley LLP steered the most initial public offerings of any firm in May, enduring a choppy period for IPOs that saw market volatility before returning to more robust levels in recent weeks.

  • June 03, 2021

    Biden Unveils Plan To Crack Down On Corruption, Tax Havens

    President Joe Biden issued a memorandum Thursday directing a range of federal government agencies to develop a new strategy for enforcing U.S. anti-corruption laws internationally by cracking down on foreign tax havens and illicit financing, which he said "contribute to income inequality, fund terrorism and generate pernicious foreign influence."

Expert Analysis

  • D&O Insurance Implications From Tesla's Stock Drop Suit

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    A recent shareholder stock drop lawsuit against Tesla showcases the legal perils that can follow companies' social media missteps, and highlights the importance of directors and officers liability insurance in the current age of political polarization, says Tae Andrews at Miller Friel.

  • Enabling Nonsecurity Fractional Ownership Of NFTs

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    Distributed ledger and smart contracts may make fractional ownership of nonfungible tokens possible without the complications of traditional securities sales, and market participants stand to benefit from the associated innovation and efficiencies, say Mack Legal principal Thomas Mack and Google product counsel Richard Widmann.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Archegos Fallout Is A Wake-Up Call For Banks

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    Billions in bank losses related to the recent collapse of Archegos Capital Management point to bank risk management and compliance deficiencies, and highlight several steps brokerages should take to avoid exposure next time a family office customer blows up, say consultants at StoneTurn.

  • Opinion

    Justices Should Clarify Securities Fraud Loss Causation

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    At its May conference, the U.S. Supreme Court should agree to review BofI Securities Litigation, to clear up a circuit split on how to assess loss causation in securities fraud cases, as shareholder class actions increasingly focus on external events that led to a stock drop, says Lyle Roberts at Shearman & Sterling.

  • How Gov't FCPA Hiring Practices Theory May Pan Out In Court

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    In recent settlements with banks, U.S. authorities have taken the position that providing a job or even an unpaid internship to relatives or friends of foreign officials is a violation of the Foreign Corrupt Practices Act, but it is worth assessing how this theory would fare in individual prosecutions, say attorneys at Debevoise.

  • What OECD Scrutiny Means For Anti-Corruption In Brazil

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    Attorneys at Paul Hastings examine how an unprecedented standing subgroup recently created by the Organization for Economic Cooperation and Development to monitor Brazil's anti-corruption efforts reflects significant uncertainty regarding the country's commitment to enforcement, and what companies can do to address foreign bribery risk and strengthen compliance programs.

  • How SPACs Can Avoid Failed China Reverse Mergers 2.0

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    As red-hot special purpose acquisition companies hungry for de-SPAC transactions set their sites on Asia, practitioners can look to the failed Chinese reverse mergers of the early 2000s for lessons about regulation, due diligence and misrepresentation, say attorneys at Baker McKenzie.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Avoiding Litigation Risks As SPAC Popularity Explodes

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    While interest in special purpose acquisition companies has recently increased because they are perceived as less risky than traditional initial public offerings, parties to SPAC transactions can reduce the risk of litigation by focusing on disclosures, financial projections and target company selections, say Eric Rieder and Amy Wilson at Bryan Cave.

  • Opinion

    Time To Replace FBI Interview Memos With Digital Recordings

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    As part of his law enforcement reforms, President Joe Biden should retire the Federal Bureau of Investigation's often incomplete and unreliable Form 302 for memorializing agents' witness interview notes and instead mandate digital recording of interviews as a more trustworthy and efficient substitute, says cybersecurity consultant John Reed Stark.

  • Economic Sanctions And Export Controls: A Q1 Update

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    Attorneys at Kirkland discuss first-quarter developments in U.S. export controls and economic sanctions and what they may indicate about the Biden administration's national security and foreign policy agenda. 

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Zoom Damages Ruling Benefits Securities Defendants

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    In an investor suit against Zoom, a California federal court's novel interpretation of a Private Securities Litigation Reform Act provision, which few courts have previously addressed, gives defendants a powerful new argument to reduce damages in securities class actions, say Jared Gerber and Eduardo Amorim at Cleary.

  • Crypto Bills Show Consensus On Need For Federal Oversight

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    Several new legislative proposals attempting to clarify the legal framework governing the digital asset space reflect the recognition that cryptocurrencies' rising popularity, rapid pace of change and volatility make federal regulation crucial for protecting investors and promoting innovation, say Jonathan Marcus and Stephanie Cannuli at Skadden.

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