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Capital Markets
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September 12, 2025
Microsoft, OpenAI Ink Tentative Deal On Nonprofit Restructure
OpenAI and Microsoft have announced that the OpenAI nonprofit is taking a major step in its development, gaining control of a new Public Benefit Corporation and receiving an equity stake worth more than $100 billion.
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September 12, 2025
4 Companies Led By 5 Firms Ride IPO Wave, Raising $1.9B
Four companies across wide-ranging industries — including an engineering firm, a transportation tech startup, a cryptocurrency exchange and a coffee chain — began trading Friday after raising a cumulative roughly $1.9 billion in their initial public offerings, capping off the year's busiest week for new listings.
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September 12, 2025
McGinn Smith Cos. To Pay $44M To End Obama-Era SEC Suit
The U.S. Securities and Exchange Commission's long-running litigation over the McGinn Smith Ponzi scheme has wrapped up after a federal judge entered a $44.2 million judgment against entities accused of running a $125 million fraud that went bust in 2010.
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September 12, 2025
Digital Infrastructure SPAC Starts Trading After $200M IPO
Special purpose acquisition company OTG Acquisition Corp. I began trading on Friday after pricing a $200 million initial public offering, with plans to merge with a company in the digital infrastructure services sector.
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September 12, 2025
Broker Wants DC Circ. View Of FINRA Constitutionality Claim
A broker-dealer representative has asked the D.C. Circuit to review a lower court's refusal to block an enforcement action against him from the Financial Industry Regulatory Authority despite his claims that the pending in-house hearing is unconstitutional under the U.S. Supreme Court's Jarkesy decision.
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September 12, 2025
Taxation With Representation: Felesky Flynn, Gibson, Kirkland
In this week's Taxation With Representation, copper mining companies Anglo American and Teck Resources plan to merge, EchoStar agrees to sell spectrum licenses to SpaceX, and Diversified Energy acquires fellow energy operator Canvas.
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September 12, 2025
Firm Says Lender In 'Falsified' Loan Suit Wasn't A Client
Pullman & Comley LLC has told a Connecticut state judge it should not have to face a New York lender's claims in a legal malpractice case accusing the multistate law firm of failing to flag allegedly falsified $16.2 million loan documents because the plaintiff was not its client.
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September 12, 2025
Title Group Says FinCEN Erred In Rule On All-Cash Resi Deals
The American Land Title Association told a Florida federal judge that the U.S. Department of the Treasury's Financial Crimes Enforcement Network underestimated the costs and overestimated the benefits of a rule imposing new reporting requirements on all-cash residential real estate transactions.
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September 12, 2025
Calif. Court Refuses To Block Climate Reporting Rules, Again
A California federal court judge would not bar two new state climate disclosure regulations while a coalition of business groups takes its bid for an injunction up to the Ninth Circuit, saying his perspective hasn't shifted since the groups' last injunction request.Â
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September 11, 2025
Trump's CFTC Nominee Publicly Feuds With Winklevoss Twins
Brian Quintenz is accusing crypto exchange founders Tyler and Cameron Winklevoss of pressuring President Donald Trump to delay his nomination to lead the U.S. Commodity Futures Trading Commission, saying in a social media post that the identical 44-year-old twins were apparently unhappy that he refused to make promises about a complaint they've lodged against agency attorneys.
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September 11, 2025
Trump Wants Fed Gov. Cook Out Before Next Rate Meeting
The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.
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September 11, 2025
Capital One Sues FDIC Over $149M SVB Bailout Charge
Capital One has sued the Federal Deposit Insurance Corp. in Virginia federal court challenging a $149 million charge in a special assessment levied by the agency as part of an effort to recoup losses from the 2023 regional banking crisis, saying the FDIC improperly included certain data in its calculation of the special assessment.
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September 11, 2025
Ex-Nikola CEO Seeks To Undo Investor Class In Fraud Case
Former Nikola CEO Trevor Milton on Thursday asked an Arizona federal judge to decertify at least part of a class of investors accusing him and the company of exaggerating the viability of Nikola's technology and its business prospects, arguing the lead investors didn't identify and contact class members during discovery.
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September 11, 2025
SEC Fights Musk's Bid To Send Twitter Case To Texas
The U.S. Securities and Exchange Commission is challenging Elon Musk's attempt to have a lawsuit over his purchase of Twitter shares moved to Texas, arguing Thursday that there was "no question" that the case belonged in Washington, D.C.
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September 11, 2025
SEC Drops Suit Against Nikola Founder After Trump's Pardon
The U.S. Securities and Exchange Commission on Thursday ended its civil enforcement action in New York federal court against Nikola founder Trevor Milton months after he was pardoned by President Donald Trump for his securities fraud conviction on charges of lying to boost the company's stock on Wall Street.
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September 11, 2025
CFTC Withdraws Biden-Era Voluntary Carbon Credit Guidance
The U.S. Commodity Futures Trading Commission has withdrawn Biden-era guidelines that were intended to foster transparency and deter manipulation in the emerging market for voluntary carbon credits.
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September 11, 2025
Weedmaps Shouldn't Get To Exit Fraud Suit, Investor Says
Weedmaps Technology Inc., a cannabis tech company that was fined by federal regulators for allegedly misleading investors, shouldn't be allowed to escape an investor-led proposed class action, the lead plaintiff has told a California federal court, saying the company's arguments defy common sense and understandings of the word "engage."
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September 11, 2025
DLA Piper Adds Leveraged Finance Partner In LA
DLA Piper has hired a former Katten Muchin Rosenman LLP attorney as a leveraged finance partner in Los Angeles, where she will also serve as leader of the firm's West Coast fund finance team.
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September 11, 2025
Texas Justices Wary Of Letting Developers Out Of $75M Bond
Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.
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September 11, 2025
AI, Tech and More Sectors Drive $4B-$7B Deal Rumors
Valuations in the $4 billion to $7 billion range emerged as the sweet spot in this week's deal rumors, with companies across artificial technology, tech and other sectors reportedly nearing stake sales, divestitures and initial public offerings.
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September 11, 2025
Capital One Unit Can't Nix OT Misclassification Case
A Virginia federal judge ruled that a former Capital One employee can concurrently pursue claims under federal and state overtime laws, adding that the bank made some premature arguments when it tried to toss a suit accusing it of misclassifying learning associates as overtime-exempt.
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September 11, 2025
Cooley-Led LB Pharmaceuticals Raises Upsized $285M IPO
LB Pharmaceuticals, a clinical-stage biopharma company developing therapies for a number of neuropsychiatric diseases, hit the public markets on Thursday after raising $285 million in an upsized initial public offering.
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September 11, 2025
Media, Sports-Focused SPAC's $240M IPO Guided By 3 Firms
Trailblazer Acquisition, a blank-check company whose target businesses include media and sports and entertainment, was steered by three law firms as it raised $240 million in an upsized initial public offering with 24 million units at $10.
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September 11, 2025
BlackRock, Pictet Back Swiss Marketplace's $1.3B IPO
Online marketplace owner SMG said on Thursday that it expects to raise up to approximately 1.04 billion Swiss francs ($1.3 billion) in its initial public offering scheduled to take place on the SIX Swiss Exchange on Sept. 19.
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September 10, 2025
Chinese Real Estate Co. Inks $5M Deal To End Investor Suit
Investors in Chinese real estate giant KE Holdings Inc. have asked a New York federal judge to give an initial nod to a nearly $5 million deal ending claims the company misled the markets about certain key performance metrics in filings associated with its secondary public offering.
Expert Analysis
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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Liquidity Rule Compliance Still Vital Even After SEC Dismissal
Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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A Look At Justices' Rare Decision Not To Limit Agency Powers
The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.