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Securities

  • October 15, 2018

    Labaton State Street Atty Fee Accord Not Yet A Done Deal

    A proposed settlement between Labaton Sucharow LLP and the special master appointed to investigate alleged improprieties in a $75 million attorneys' fee award in the State Street Corp. swindling case was met with some resistance from the judge presiding over the case and fellow co-counsel during a hearing Monday in a Boston federal courthouse.

  • October 15, 2018

    Deutsche Traders Knew Libor-Rigging Was Illicit, Jury Told

    Prosecutors on Monday began their final pitch to jurors in the Libor-rigging trial of former Deutsche Bank traders Matthew Connolly and Gavin Black, saying trial evidence proves the pair abused the German lender’s position to cash in by gaming the benchmark interest rate.

  • October 15, 2018

    Nine West Creditors Ask To Sue Sycamore For LBO Losses

    The unsecured creditors of Nine West Holdings Inc. on Saturday asked a New York bankruptcy court for permission to file more than $1 billion in claims against company owner Sycamore Partners for allegedly stripping the company’s assets and sending it into Chapter 11.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Google Sued For Not Telling Investors About March Data Leak

    Google's failure to disclose in at least two federal securities filings a March data leak that came to light last week deceived the investing public and caused the tech giant's shares to be traded at artificially inflated prices for months, according to a proposed shareholder class action filed in California federal court. 

  • October 15, 2018

    Scott & Scott Loses Bid To Be Lead In Funko Investor Suit

    A Washington federal judge on Monday denied an investor’s lead plaintiff motion asking for Scott & Scott Attorneys at Law LLP to be appointed lead counsel in a proposed class action against toymaker Funko, saying the current plaintiff did not publish proper notice of the suit.

  • October 15, 2018

    2nd Circ. Seems Skeptical Of Tilton Bid For D&O Insurance

    A Second Circuit panel didn’t seem convinced by businesswoman Lynn Tilton's company that Axis Insurance Co. should be made to cover up to $5 million in legal fees incurred during a Securities and Exchange Commission investigation, expressing skepticism at how Patriarch Partners LLC interpreted its directors and officers insurance policy.

  • October 15, 2018

    Hartford's $2B Navigators Buy Draws Del. Disclosure Suit

    A shareholder of The Navigators Group Inc. alleges in a Delaware federal court suit filed Monday that the insurance company and its directors omitted important information from a proxy statement detailing The Hartford Financial Services Group Inc.'s $2.1 billion acquisition of the firm.

  • October 15, 2018

    Cohen Milstein Seeks $2.9M In Fees In $17M Opus Bank Deal

    Lead counsel for an investor that reached a $17 million settlement with Opus Bank over claims it misled investors about the quality of its loans has asked a California federal judge for a fee award of $2.89 million, more than $1 million less than the maximum amount the Cohen Milstein Sellers & Toll PLLC attorneys previously said they would seek.

  • October 15, 2018

    Fla. Asset Manager Denies Propping Up Fake Hedge Fund

    A Miami-based asset manager denied charges Monday in New York federal court that he handed a $2 million investment from an Alabama couple to a hedge fund he knew to be peddling false promises and ultimately kept most of their money for himself.

  • October 15, 2018

    $4.8B Akorn Ruling More Outlier Than Shift At Chancery

    An unprecedented Delaware Chancery Court finding that Fresenius Kabi AG can terminate a $4.8 billion merger with Akorn Inc. earlier this month appears to be more of a deal outlier than a change in court direction on merger-killing adverse event clauses, some attorneys say.

  • October 15, 2018

    NYSE Again Seeks To Ease Rules On Blank Check Cos.

    The Securities and Exchange Commission said Friday it will invite public comment on a modified proposal by the New York Stock Exchange to ease certain listing standards for special purpose acquisition companies, which represent a fast-rising segment of capital markets.

  • October 15, 2018

    Financial Investigator Seeks To Undo $40M Defamation Award

    A financial investigation company on Monday urged a New Jersey state appeals court to vacate a $40 million jury verdict in favor of an investment management firm claiming its reputation was damaged by the company's allegedly defamatory reports, arguing that the accusation is based on “nothing but presumptions.”

  • October 15, 2018

    Investors Can't Undo $480K Costs In Archstone Buyout Row

    A Colorado federal judge declined Monday to reconsider almost $480,000 in costs awarded to defendants involved in a $22 billion leveraged buyout of the Archstone-Smith real estate investment trust, saying the investors who challenged the buyout should have raised certain arguments against the costs earlier.

  • October 15, 2018

    Swiss Elevator Co. Seeks Arbitration Against S. Korea

    Swiss elevator company Schindler Holding AG has initiated arbitration against South Korea, potentially seeking more than $300 million, saying the country's regulatory agencies failed to prevent the dilution of its investment in Korea's top-ranked elevator producer and violated a treaty with several European nations.

  • October 15, 2018

    Gigamon Seeks Toss Of Suit Over $1.6B Sale To Elliott

    Gigamon Inc. has asked a California federal court to toss a shareholder suit accusing directors of using an inaccurate financial forecast in its proxy statement for a $1.6 billion acquisition offer from hedge fund management firm Elliott Management Corp., with Gigamon saying the forecast it used reflected declines in 2017 revenue growth.

  • October 15, 2018

    Macquarie Executives Hit With Stock-Drop Suit

    Macquarie Infrastructure Corp. executives misled investors by failing to disclose that the company relied heavily on the demand for an oil product put at risk by industrywide changes, according to a derivative suit filed in New York federal court on Friday.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    DOJ Criminal Head Inks Monitor Memo, Axes Compliance Role

    The head of the U.S. Department of Justice's Criminal Division on Friday announced a new policy on what prosecutors must consider before imposing a monitorship and said the DOJ would look to hire prosecutors with compliance experience instead of finding a new corporate ethics counsel.

Expert Analysis

  • Fortress Ruling Helps Temper Overzealous SEC Enforcement

    Perrie Weiner

    The insider trading action against certain Fortress securities traders is one more example of the U.S. Securities and Exchange Commission relying upon analytical data to pursue what may be suspicious activity. But a New Jersey federal court's recent decision in the case reinforces that suspicious trades are not enough, say attorneys with DLA Piper.

  • Opinion

    Blockchain Cos. Should Welcome Regulation — Here's Why

    Anna Fridman

    A clearly delineated regulatory framework would go a long way in providing the certainty necessary for the digital asset economy to thrive, analogous to the stabilizing effect the formation of the U.S. Securities and Exchange Commission had on the stock market after the 1929 crash, says Anna Fridman of Spring Labs.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Deducting SEC Disgorgement In A Post-Kokesh World

    Pamela Johnston

    The U.S. Supreme Court's ruling last year in Kokesh has an unintended consequence — the IRS and state taxing authorities have been applying the decision to challenge deductions for disgorgement paid as a result of U.S. Securities and Exchange Commission settlements. However, a settling party can still qualify for a deduction, say attorneys with Foley & Lardner LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Investment Firms, Beware Changing Compliance Goal Posts

    Bart Schwartz

    Private equity and hedge funds are under greater compliance scrutiny and, as a result, increased regulatory and legal exposure. The responsibilities of board members are not limited to investment performance monitoring — regulators are moving up the corporate ladder to identify wrongdoing, says Bart Schwartz of Guidepost Solutions LLC.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Inside The Petrobras FCPA Resolution

    Gayle Littleton

    The Operation Car Wash investigation that began in 2008 brought down numerous Brazilian politicians and Petrobras officials and led to one of the largest Foreign Corrupt Practices Act settlements last month. The resolution highlights the myriad ways in which Petrobras failed to implement a robust anti-corruption compliance program, say attorneys with Jenner & Block LLP.