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Securities
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September 22, 2025
National Instruments Investors Granted Class Cert.
A New York federal judge has certified a class of investors who sold National Instruments Corp. stock during two windows in 2022 while the company was repurchasing shares and considering an acquisition offer, finding that reliance can be presumed and damages can be measured on a class-wide basis, among other things.
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September 22, 2025
Chancery Orders New Doc Handover In Crypto Co. Merger Suit
A busted crypto-venture merger battle resurrected by Delaware's Supreme Court last year took another turn Monday with a ruling by Delaware's chancellor compelling Galaxy Digital Holdings LLC's handover of records that crypto-wallet business Bitgo Holdings Inc. said ties Galaxy to an alleged crypto pump-and-dump scheme.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.Â
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September 22, 2025
NJ Judge Nixes Investment Fund's Bid For Emails In Bias Suit
A Black-owned investment fund accusing New Jersey officials of bias cannot access emails from Gov. Phil Murphy and two of his Cabinet members because the information falls "squarely" within executive privilege, a magistrate judge said Monday, overruling the firm's objections to a special discovery master's report.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Developer Gets 8 Years For Fraud That Sunk Belize Project
A Manhattan federal judge sentenced a California real estate developer with a previous fraud conviction Monday to eight years in prison, after a jury convicted him of defrauding investors who backed a big luxury development he controlled called Sanctuary Belize.
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September 22, 2025
Toy Company Eyes UBS Records Amid FINRA Arbitration
A toy company whose brands include Bratz dolls and Little Tikes has urged an Iowa federal judge to unseal records that it says will bolster its arbitration against UBS over claims that the global wealth manager wrongly advised the company to short-sell Tesla stock.
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September 22, 2025
Floridians Defend Moore & Van Allen Malpractice Claims
A proposed class of Floridians accusing Moore & Van Allen PLLC of mishandling their employee stock ownership trust have told a federal court that a change in venue is unwarranted, and that despite the law firm's claims to the contrary, they have personal standing to sue on behalf of the trust.
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September 22, 2025
High Court Allows FTC Firing, Will Review Trump's Power
The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.
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September 19, 2025
Judge Won't Enforce Injunction Against Pot Co. Shareholder
A Colorado state judge denied a Canadian cannabis company's request for a preliminary injunction against an investor Friday, finding that the injunction request was too broad, and many of the requests needed to be litigated elsewhere.
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September 19, 2025
Nvidia Objects To Class Cert. In Former High Court Case
Nvidia has urged a California federal court to not grant class certification in a case that briefly went before the U.S. Supreme Court, arguing the plaintiffs' claims that the company failed to inform investors about its reliance on the volatile crypto market are too individualized to proceed as a group.
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September 19, 2025
BofI Directors Beat Investor Suit Over Whistleblower Probe
A California federal judge has permanently dismissed a shareholder derivative suit against the top brass of BofI Holding Inc. accusing them of misconduct that led to a costly internal investigation into a whistleblower's allegations, finding the plaintiff failed to demonstrate that a pre-suit demand upon the board would have been futile.
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September 19, 2025
SEC Dem Fears 'High-Speed Collision' In Private Markets
The U.S. Securities and Exchange Commission's sole Democrat urged the agency on Friday to pay more than "lip service" to investor protection as it considers allowing more everyday Americans to access private markets, warning that the commission was headed for a "high-speed collision" if it doesn't change course.
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September 19, 2025
Treasury Launches Stablecoin Rule Push With Call For Input
The U.S. Department of the Treasury on Friday asked for public input on key regulatory considerations for stablecoins as it begins crafting rules to govern the stable-value crypto tokens under the recently signed Genius Act.
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September 19, 2025
AmTrust Investors Seek Class Cert. After 2nd Circ. Revival
AmTrust investors have asked a New York federal judge to certify three subclasses covering those who purchased stock in the insurer's $320 million initial public offering, after the Second Circuit revived their case against the firm and its auditor BDO USA LLP over financial restatements AmTrust had to make.
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September 19, 2025
Texas AG Appeals Ruling That Blocked ESG Proxy Law
Texas Attorney General Ken Paxton is appealing to the Fifth Circuit a federal judge's order temporarily blocking a new state law requiring proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion.
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September 19, 2025
Estée Lauder Faces Derivative Suit In Del. After Stock Drops
An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.
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September 19, 2025
SEC Walks Away From Ozy Media, Stanford Fraud Cases
The U.S. Securities and Exchange Commission has walked away from its $50 million case against former Ozy Media Inc. founder Carlos Watson after President Donald Trump granted him clemency earlier this year, and also dropped a long-dormant case against a co-conspirator in Robert Allen Stanford's $7 billion Ponzi scheme.
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September 19, 2025
Dems Want Answers On Delayed FinCEN Adviser Rule
Sen. Elizabeth Warren and other congressional Democrats have pressed Treasury Secretary Scott Bessent on the department's decision to postpone a rule they said addresses a money laundering vulnerability of the U.S. investment adviser sector, saying the decision puts national security and the economy at risk.
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September 19, 2025
FTX Trust Says Bankruptcy Laws Apply To Binance Founder
The recovery trust created by the Chapter 11 plan of cryptocurrency exchange FTX told a Delaware judge late Thursday that the bankruptcy court has jurisdiction over Binance and its founder in a $1.76 billion clawback suit, and that bankruptcy laws apply to entities outside the United States.
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September 19, 2025
Dow Faces Suit Alleging Misleading Tariff Impact Claims
Chemicals company Dow Inc. and several of its executives and board members have been hit with a shareholder derivative suit in Michigan federal court alleging that company leadership overstated its ability to navigate global economic challenges, harming the company and shareholders.
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September 19, 2025
SEC Fines Bloomberg Unit $5M Over False Market Data Claims
The U.S. Securities and Exchange Commission and Bloomberg Tradebook LLC have reached a $5 million settlement to resolve claims that the broker-dealer made false and misleading statements to customers about the speed at which it displayed market data from U.S. options exchanges.
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September 19, 2025
Capital One, Influencers Announce Deal After Earlier Flub
Two days after an initial filing was withdrawn, Capital One and a proposed class of influencers say they now indeed have a deal to settle a lawsuit over claims the bank helped itself to funds meant for the influencers using its browser extension.
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September 19, 2025
MongoDB Directors, Officers Sued In Del. Over Trading
A stockholder of software venture MongoDB sued a dozen company directors and key officers in Delaware's Court of Chancery late Thursday, seeking to recover more than $240 million allegedly lost in part to trading by insiders after the release of what the complaint said were unsupported, upbeat growth forecasts and business model changes.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Traditional Venue Theories May Not Encompass Crypto Fraud
A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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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.