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Securities

  • June 19, 2018

    Arent Fox Snags White Collar Duo From Dentons

    Arent Fox LLP has lured a white collar duo from Dentons with more than 12 years of experience to join the government enforcement arena in the firm's New York office.

  • June 19, 2018

    SFO Euribor Case Is 'Misleading,' Defense Tells Jury

    The jury should take “huge care” when assessing the Serious Fraud Office’s case against five former traders for alleged Euribor rigging, one of the defendants’ lawyers said Tuesday during her closing, arguing the agency has given a “misleading” and unbalanced picture.

  • June 18, 2018

    Judge ‘Troubled’ By Ukraine Hacker-Trader Turncoat’s Lies

    A Brooklyn federal judge warned prosecutors Monday to scrutinize a cooperating witness in their case against two men who allegedly traded on draft corporate press releases that were pinched by Ukrainian hackers after the cooperator admitted on the stand to deceiving the government.

  • June 18, 2018

    Feds Downplay Testimony From Ex-Katten Atty's Loss Expert

    Brooklyn federal prosecutors sought to counter a bid by former Katten Muchin Rosenman LLP attorney Evan Greebel to reduce his potential sentence for fraud conspiracy on Monday, asking an expert witness questions that seemed meant to diminish his testimony on legal issues faced by life sciences startups.

  • June 18, 2018

    Hansen Medical Must Face Shareholder Suit Over Merger

    A suit alleging that controlling investors of Hansen Medical Inc. pushed through a squeeze-out merger and secured benefits for themselves at the expense of a putative class of minority holders survived a motion to dismiss Monday in Delaware Chancery Court.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Judge Slams DOJ Jury Trial Bid In Ex-Barclays Trader Case

    A California federal judge on Monday laid into the U.S. Department of Justice, suggesting it was wasting resources by requesting a jury trial for a former Barclays PLC trader charged with scheming to defraud Hewlett-Packard Co. in a £6 billion options transaction, after the defendant said he’d prefer a bench trial.

  • June 18, 2018

    Linkwell Investor Says Execs Waived Attorney-Client Privilege

    Two former Linkwell Corp. executives can’t claim they complied with state law and followed the advice of Sidley Austin LLP while keeping communications that support those assertions cloaked by attorney-client privilege, an investor told a Florida federal court Monday.

  • June 18, 2018

    National Amusements Urges Stay In CBS Shareholder Suit

    National Amusements Inc. and its controller Shari Redstone pushed their case Monday for a stay of litigation in a lawsuit brought by shareholders of CBS Corp. in the Delaware Chancery Court in favor of a parallel proceeding that will resolve issues over a special stock dividend approved by the CBS board aimed at diluting her control.

  • June 18, 2018

    UBS Units Seek $20M Debt Bond Suit Coverage At 1st Circ.

    UBS AG units on Monday urged the First Circuit to revive its bid for $20 million in coverage for costs associated with claims that investors lost billions of dollars because UBS manipulated Puerto Rico's municipal debt bond market, arguing that the claims are not sufficiently similar to previously filed actions to trigger a policy exclusion.

  • June 18, 2018

    Justices Reject Momentive Ch. 11 Make-Whole Payments Row

    The U.S. Supreme Court on Monday denied a last-ditch attempt by creditors of Momentive Performance Materials Inc. to collect on $200 million in fees tied to bonds repaid in bankruptcy, ignoring their argument that allowing the silicone manufacturer to keep the money contradicts “bedrock principles” of bankruptcy law.

  • June 18, 2018

    Brazil Telecom's $20B Restructuring Deal Clears US Court

    A Manhattan bankruptcy judge has approved the restructuring plan of troubled Brazilian telecommunications company Oi SA, clearing the way for a $20 billion debt-for-equity swap to take the company out of bankruptcy.

  • June 18, 2018

    Acacia Execs Beat Shareholder Class Action In Mass.

    A federal judge in Massachusetts has dismissed a purported class action against Acacia Communications Inc., finding the company made no misstatements that investors claimed led to a steep stock drop in 2017.

  • June 18, 2018

    Amazon Urged Not To Sell Face-Recognition Tool To Gov't

    Some Amazon Inc. investors joined privacy advocates Monday in pressing the tech giant to stop selling its real-time facial recognition tools to law enforcement, citing human rights concerns that could hurt the company's stock price and spawn lawsuits.

  • June 18, 2018

    Fujifilm Sues Xerox For Killing $6.1B Merger

    Fujifilm hit Xerox with a complaint in New York federal court Monday over the termination of their $6.1 billion combination, alleging that two shareholder activists pressured Xerox into walking away from the deal and seeking more than $1 billion in damages.

  • June 18, 2018

    Baker Botts Attracts Capital Markets Partner In Houston

    Baker Botts LLP has added a former Kirkland & Ellis LLP attorney as a capital markets partner with a focus on debt and equity capital markets transactions, corporate governance and compliance in Houston, the firm announced Monday.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    JPMorgan To Pay CFTC $65M Over ISDAfix Rigging

    The Commodity Futures Trading Commission said Monday that banking giant JPMorgan Chase has agreed to pay a $65 million civil penalty for allegedly trying to manipulate a global benchmark tied to an array of interest-rate related derivative products such as swaps and options.

Expert Analysis

  • Managing Uncertainty In The SEC Fair Fund Process: Part 2

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    To cope with the uncertainty inherent in the U.S. Securities and Exchange Commission's complicated fair fund distribution process, respondents can take six actions that will reduce the organizational burden and ultimately shave time, maybe even years, off the distribution timeline, says Alan Friedman of Charles River Associates.

  • New Clarity On SEC’s Approach To Crypto Regulation

    Peter Altman

    Remarks made last week by a U.S. Securities and Exchange Commission official ended long-standing speculation over whether the SEC would assert jurisdiction over ether and bitcoin. The remarks also leave no doubt that the SEC aims to remain active in the digital currency markets, focusing on initial coin offerings, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • Managing Uncertainty In The SEC Fair Fund Process: Part 1

    Alan Friedman

    The U.S. Securities and Exchange Commission uses the fair fund process in a wide range of instances, with some cases involving the distribution of hundreds of millions of dollars to eligible investors. However, it is clear that completing the process can be arduous, as most of the fair funds created after 2009 are still open, says Alan Friedman of Charles River Associates.

  • High Court Answers Appeal Question For Consolidated Cases

    Desiree Moore

    The U.S. Supreme Court's decision in Hall v. Hall is significant because it clarifies that parties have an immediate right of appeal following a final decision in actions consolidated under Rule 42(a). Companies that routinely face consolidation will have to be diligent in taking timely appeals, say Desiree Moore and Daisy Sexton of K&L Gates LLP.

  • China Agritech May Have Limited Practical Effect

    Noelle Reed

    While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • What To Expect From PCAOB's Ongoing Transition

    Robert Cox

    Since reaching full strength in April, the Public Company Accounting Oversight Board has wasted little time in charting a new course for the audit regulator, starting with a 360-degree review and the departure of several senior staff. Among other things, the board is contemplating drilling more deeply into firms’ quality control systems, says Robert Cox of Briglia Hundley PC.