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Asset Management
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August 18, 2025
Boeing Slams Fund's 737 Max 'Zombie' Fraud Claims
Boeing told an Illinois federal judge that an investment fund has lobbed untimely "zombie" claims seeking to hold the American aerospace giant liable for allegedly misrepresenting the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019.Â
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August 18, 2025
Deutsche Bank, NCUA Net Partial Wins In Crisis-Era RMBS Suit
A New York federal judge has granted partial early wins to both the National Credit Union Administration board and Deutsche Bank in a long-running suit stemming from the 2008 financial crisis and concerning allegations that Deutsche Bank failed to fulfill its duties to certificate holders in several residential mortgage-backed securities trusts.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Mexican Bank Sues Treasury Over Opioid Order Death Knell
Mexico-based bank CIBanco has sued the U.S. Department of the Treasury and its criminal enforcement wing for cutting off its access to the U.S. financial system through an order aimed at combating opioid trafficking, arguing it faces an "imminent demise" if it doesn't get the chance to show the regulator's allegations are false.
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August 18, 2025
Whiteford Taylor Must Face Wire Fraud Malpractice Suit
A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.
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August 15, 2025
Argentina Can Stay YPF Stake Turnover, 2nd Circ. Says
The Second Circuit on Friday paused a New York federal judge's order requiring Argentina to give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in investor litigation, while the country appeals.
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August 15, 2025
Schwab Defends Antitrust Settlement From Iowa AG Objection
The Charles Schwab Corp. has pushed back on objections raised by the Iowa attorney general and others to an investor class action settlement over its merger with TD Ameritrade, saying its plan to implement an antitrust compliance program, among other things, "offers real value to the class."Â
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August 15, 2025
Perkins Coie Beats Claims It Aided Client's Alleged $12M Theft
Perkins Coie LLP has defeated an investment company's lawsuit in Illinois state court accusing the firm of helping the plaintiff's onetime investment manager fleece $12 million from company accounts and playing a "critical" role in the theft and cover-up.
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August 15, 2025
Firm Avoids FINRA Fine For Cooperation In Mutual Fund Case
A broker-dealer unit of Georgia-based insurance company Primerica has avoided a fine from the Financial Industry Regulatory Authority by providing what FINRA described as "extraordinary cooperation" in response to a probe of its practices for safeguarding the so-called rights of reinstatement in place for investors in certain mutual funds.
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August 15, 2025
Chancery Says Failed FTX Claim Buy Is Outside Its Jurisdiction
A Delaware Chancery Court judge on Friday ruled that a lawsuit over a failed deal to buy a claim in the Chapter 11 case of cryptocurrency platform FTX does not belong in his court, saying the fact the bankruptcy is being heard in Delaware does not constitute a sufficient connection to the state.
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August 15, 2025
Paragon Tech, Ex-CEO End Legal Fee Dispute In Del.
Holding company Paragon Technologies Inc. and its ousted CEO have ended a legal fees dispute in Delaware Chancery Court, ending a chapter of a power struggle at the top of the company following allegations of misconduct.
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August 15, 2025
Taxation With Representation: Wachtell, Cooley, Sullivan
In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.
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August 15, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.
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August 14, 2025
Genesis Parent Says It Met $1.1B Duty, Seeks 'Overpayments'
Crypto conglomerate Digital Currency Group Inc. on Thursday urged a New York bankruptcy judge to declare it has no further obligations under a $1.1 billion promissory note meant to "backstop" its bankrupt subsidiary, crypto lender Genesis, after rising crypto prices allegedly offset the loss the note intended to cover.
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August 14, 2025
2 Face Charges Over $200M Water Vending Machine Fraud
A Washington business executive and a former investment adviser were hit with civil and criminal charges in New York federal court Thursday stemming from an alleged yearslong $200 million Ponzi scheme that hawked investments in nonexistent water vending machines.
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August 14, 2025
Energy Co. Can't Avoid 401(k) Forfeiture, Fee Fight
A Florida federal judge refused Thursday to toss a proposed class action against NextEra Energy from an employee 401(k) participant who alleged plan forfeitures were misspent and that a recordkeeper illegally profited off retirement plan earnings, opening discovery on allegations that the conduct violated federal benefits law.
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August 14, 2025
Wyden, Warren Ask Lutnick's Son About Firm's Tariff Bets
Senate Democratic ranking members sent a letter published Thursday to Cantor Fitzgerald & Co. CEO Brandon Lutnick raising concerns about potential insider trading and conflicts of interest associated with a financial product hedging the legality of tariffs that his father, Commerce Secretary Howard Lutnick, has been involved in.
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August 14, 2025
Ponzi Scheme Trial Not Tainted By Video Depo, 7th Circ. Says
A Seventh Circuit panel upheld the conviction and 17-year sentence of an alleged Ponzi schemer, rejecting a "host of challenges," including that he was denied his Sixth Amendment confrontation rights when the government presented a key witness's testimony through a videotaped foreign deposition neither he nor his counsel attended.
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August 14, 2025
Ex-Payday Lender CEO Gets 7 Years For $66M Ponzi Scheme
The former CEO of a Miami payday loan company was sentenced Thursday to more than seven years in prison for operating a Ponzi scheme that prosecutors say fraudulently raised $66 million from more than 600 investors.
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August 14, 2025
Bob's Discount Furniture Could Go Public, And Other Rumors
Bob's Discount Furniture may boast about its "Oh My Bob" low prices in TV ads, but the retailer's quirky marketing and expanding e-commerce have helped boost sales to roughly $2 billion last year — a performance that a Wall Street Journal report said could support a $1 billion IPO.
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August 14, 2025
Judge Won't Boot Family Feud From NC Business Court
A son suing his father for allegedly refusing to turn over more than $1 million his grandfather set aside for him when he turned 21 can't use "gamesmanship" to get the case booted from North Carolina's Business Court, a judge said in declining to send the case back to regular superior court.
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August 13, 2025
Labcorp Wins ERISA Trial As Judge Cites Stronger Witnesses
Medical testing chain Labcorp did not breach its duty of prudence to its multibillion-dollar employee retirement investment fund, a North Carolina federal judge ruled Tuesday after a trial, saying two plaintiffs' experts earned little credibility.
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August 13, 2025
Paramount Investor Gabelli Sues Redstone, Skydance In Del.
A fund of Paramount Global investor Mario Gabelli sued National Amusements Inc. successor Harbor Lights Entertainment, Shari Redstone and others in Delaware's Court of Chancery on Wednesday, seeking damages tied to the recently closed $8.4 billion Paramount-Skydance Media merger.
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August 13, 2025
Bank Of America Can't Escape 401(k) Forfeiture Suit
A North Carolina federal judge refused to toss a proposed class action against Bank of America alleging the bank misspent 401(k) plan forfeitures, finding allegations that the bank's decision to reduce obligations to other employees' accounts instead of defraying plan expenses had stated a claim for violating federal benefits law.
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August 13, 2025
Investment Co. Adviser Admits His Role In Fraud Scheme
An officer of a purported investment company admitted in federal court Wednesday that he lied about working for a Chicago law firm to help fleece investors out of nearly $1 million with false promises of quick returns on high-yield bank instruments.
Expert Analysis
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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How Real Estate Funds Can Leverage Del. Statutory Trusts
Over the last two years, traditional real estate fund sponsors have begun to more frequently adopt Delaware Statutory Trust programs, which can help diversify capital-raising strategies and access to new sources of capital, among other benefits, say attorneys at Polsinelli.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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While On Firmer Ground, Uncertainty Remains For SEC's ALJs
The U.S. District Court for the District of Columbia's recent opinion in Lemelson v. U.S. Securities and Exchange Commission affirmed the legitimacy of the SEC's administrative proceedings, but pointedly left unanswered the constitutional merits of tenure protection enjoyed by SEC administrative law judges — potentially the subject of future U.S. Supreme Court review, says Dean Conway at Carlton Fields.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.