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Securities
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July 14, 2025
2 Ex-Binance Employees Seek To Escape FTX Clawback Suit
Two former Binance employees named as defendants in a $1.76 billion clawback suit brought by FTX in Delaware bankruptcy court have asked to be dismissed from the case, saying the court has no personal jurisdiction over them and that the complaint doesn't allege that they were involved in the transactions at issue.
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July 14, 2025
SEC Drops Fraud Suit Following Death Of Gaming Co. Head
The death of a man who owned a now-defunct online gaming company prompted the U.S. Securities and Exchange Commission to drop its New York federal civil case that had accused him of defrauding investors and using a portion of the money for his personal expenses.
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July 14, 2025
2nd Circ. Won't Let UBS Arbitrate Fund Mismanagement Suit
The Second Circuit on Monday affirmed a New York federal judge's decision rejecting UBS' bid to send a charitable trust's mismanaged funds suit to arbitration, finding that the bank knowingly relinquished the right to arbitrate "by acting inconsistently with that right."
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July 11, 2025
Coinbase Sues Oregon For Records Amid Enforcement Suit
Coinbase sued the office of Oregon Gov. Tina Kotek Friday for failing to fulfill a public records request for information on the state's approach to crypto policy and use of outside counsel as the crypto exchange defends a securities enforcement action from the Oregon attorney general.
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July 11, 2025
SEC Says $140M Ponzi Funded Lifestyle, Campaign Donations
The U.S. Securities & Exchange Commission sued First Liberty Building & Loan LLC and owner Edwin Brant Frost IV in Georgia federal court, alleging Frost defrauded 300 investors out of $140 million in a Ponzi scheme that fueled Frost's lavish lifestyle and his donations to Republican campaigns totaling six figures.
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July 11, 2025
AbbVie Defeats Investor Class Suit Alleging Humira Kickbacks
AbbVie on Thursday defeated a certified securities class action that accused it of giving healthcare providers unlawful kickbacks in exchange for prescribing its flagship arthritis drug Humira when an Illinois federal judge ruled that AbbVie provided legitimate services that were "integrally tied" to the drug itself.
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July 11, 2025
SEC Fines Adviser $1.75M For Hiding Conflicts Of Interest
American Portfolios Advisors Inc. on Friday agreed to pay a $1.75 million fine to end allegations from the U.S. Securities and Exchange Commission that the investment adviser failed to properly disclose conflicts of interest with an affiliated broker-dealer.
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July 11, 2025
Wine Exec Extradited From UK Denies $99M Fraud Scheme
One of two executives of a United Kingdom wine company was extradited to the U.S. and pled not guilty on Friday in Brooklyn federal court to charges that he conned investors into making loans using wine collections as collateral, cheating them out of $99 million.
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July 11, 2025
Grayscale Tells SEC 'End-Run' Shouldn't Delay Crypto ETP
Digital asset management firm Grayscale Investments LLC has challenged a decision by the U.S. Securities and Exchange Commission to hold back the launch of its multi-crypto exchange-traded fund, arguing in a letter to the agency that the stay violates the Exchange Act's rules on approval timelines.
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July 11, 2025
Slack Investor Wants 2nd Shot Before High Court
An investor leading a proposed class action against Slack Technologies LLC is asking the U.S. Supreme Court to finish what it started, petitioning the justices to clarify a point they declined to rule on two years ago when they limited investors' ability to sue newly public companies.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
US Arm Of Dolce & Gabbana Freed From NFT Outfit Suit
The U.S. division of Italian luxury fashion brand Dolce & Gabbana was dismissed on Friday from a proposed investor class action accusing it of abandoning a nonfungible tokens project while retaining more than $25 million of funds, with the court agreeing that it is not liable for the actions of the larger company.
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July 11, 2025
FTX Trust Says Blockchain Co. Hasn't Delivered $1.3M Coins
A recovery trust for the bankrupt cryptocurrency exchange FTX filed a Chapter 11 adversary proceeding in Delaware bankruptcy court seeking turnover of $1.3 million worth of $XION digital tokens that the debtor's subsidiaries purchased prior to the bankruptcy filing.
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July 11, 2025
AT&T Can't Escape Suit Over Pension Plan's Mortality Data
AT&T must face a proposed class action claiming it miscalculated married couples' pension benefits, a California federal judge ruled, saying workers leading the suit provided evidence that the telecommunications company's use of decades-old mortality data and interest rates was unreasonable.
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July 11, 2025
Better Therapeutics Settles SPAC Suit In Del. For $1M
Defunct telehealth provider Better Therapeutics Inc. has reached a roughly $1 million settlement with a shareholder to end a Delaware Chancery Court suit challenging its take-public merger, according to court filings.
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July 11, 2025
SEC Quietly Drops First-Ever Liquidity Rule Suit
The U.S. Securities and Exchange Commission on Friday agreed to dismiss its first-ever case accusing an investment adviser of violating a rule that limits the amount of illiquid investments a mutual fund can hold.
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July 11, 2025
Charter's Cox Acquisition Vote Should Be Blocked, Suit Says
A Charter Communications Inc. shareholder has asked a Connecticut state court judge to block a July 31 vote on the Stamford-based company's proposed $37.9 billion acquisition of Cox Communications Inc., claiming the deal will enrich executives and their financial advisers but provide few benefits to shareholders.
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July 11, 2025
2 Firms Tapped To Lead Regeneron Investor Suit
Labaton Keller Sucharow LLP and Motley Rice LLC have been named lead counsel in a proposed securities class action accusing Regeneron Pharmaceuticals Inc. and its executives of misleading investors about its revenue prospects for its vision loss drug and inflating reimbursements.
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July 11, 2025
Taxation With Representation: Davis Polk, Kirkland, Cassels
In this week's Taxation With Representation, Merck buys U.K. drugmaker Verona Pharma, CoreWeave acquires fellow data center company Core Scientific, Royal Gold acquires Sandstorm Gold and Horizon Copper, and Italian food company Ferrero buys WK Kellogg.
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July 11, 2025
Drugmaker Fights Claims Over 'Misleading' IPO Statements
Investors in biopharmaceutical company BioAge Labs Inc. mischaracterized certain statements the company made in an effort to allege securities fraud after the company hit the brakes on a clinical trial for its lead product candidate, the company has argued.
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July 10, 2025
VC Giant Andreessen Rips Del. Courts, Plans Move To Nev.
Venture capital giant Andreessen Horowitz on Wednesday announced plans to reincorporate in Nevada, saying that it was no longer a "no-brainer" to launch a company and incorporate in the historically corporate-friendly state of Delaware.
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July 10, 2025
Crypto Exec Fights NY Suit, Cites Due Process Violation
The CEO of a venture capital firm accused of misleading investors into buying up a crypto token with the help of an endorsement from Argentine President Javier Milei just before it tanked said an attempt by New York to exercise jurisdiction over him would be unconstitutional.
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July 10, 2025
Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees
The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.
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July 10, 2025
Execs Of Device Co. Made $6M From Insider Trading, Suit Says
Five executives for electrotherapy device maker Zynex Inc. were hit with a derivative suit Wednesday in Colorado federal court saying they inflated the company's stock price to cash out on shares valued at more than $6 million.
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July 10, 2025
Dentsply Investors Win Class Cert. Over Pandemic Issues
A New York federal judge on Thursday certified a class of Dentsply Sirona Inc. investors who claim the dental health products supplier misled them about the extent of its pandemic-era woes.
Expert Analysis
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Is SEC Moving Away From Parallel Insider Trading Cases?
The U.S. Securities and Exchange Commission's apparent lack of follow-up in four recent criminal cases of insider trading brought by the Justice Department suggests the SEC may be reconsidering the expense and effort of bringing parallel civil charges for insider trading, say attorneys at Dentons.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Prepping For SEC's Changing Life Sciences Enforcement
By proactively addressing several risk areas, companies in the life sciences sector can position themselves to minimize potential exposure under the U.S. Securities and Exchange Commission's return to back-to-basics enforcement focused on insider trading and fraud, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Del. Ruling May Redefine Consideration In Noncompetes
The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.
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Spinoff Transaction Considerations For Biotech M&A
Amid current market challenges, boards and management teams of biotech companies can consider several strategies for maximizing value should a spinoff opportunity arise, but not without significant advance planning and careful implementation, particularly in cases that might qualify as tax-free, say attorneys at Paul Hastings.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.