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Securities

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Chancery Sharply Refuses To Toss Colo. Bank Air Fleet Suit

    In an often sharp-edged ruling, a Delaware vice chancellor on Tuesday sent toward discovery and trial stockholder claims that Solera National Bancorp's executive chairman and others wasted corporate assets in assembling an 11-aircraft fleet for a one-site bank in Colorado.

  • July 01, 2025

    Virtu, SEC Move To Settle Information Security Suit

    The U.S. Securities and Exchange Commission and Virtu Financial Inc. told a New York federal judge on Tuesday that they have struck a tentative deal to end a lawsuit accusing the broker-dealer of failing to adequately protect customer data.

  • July 01, 2025

    FTX Bahamas, Celsius Settle Clawback Claims

    Crypto exchange FTX's Bahamas unit and crypto lender Celsius Network have reached a deal to end Celsius' attempt to claw back $516.6 million transferred out of Celsius accounts just prior to its Chapter 11 filing.

  • July 01, 2025

    Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules

    A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.

  • July 01, 2025

    Judge Rejects Integra Investor's Suit Over Factory Issues

    A New Jersey federal judge has tossed an investor suit alleging Integra LifeSciences Holding Corp. and its top brass misled the public about how they were addressing quality control and manufacturing issues at the company's Boston factory.

  • July 01, 2025

    Arrival Investors Seek Approval For $13.3M Partial Settlement

    Investors in bankrupt electric vehicle company Arrival are seeking the OK for a nearly $13.3 million deal to end claims the company presented a flashy, profitable business plan when it went public through a special purpose acquisition company only to scale back its ambitions a year later.

  • June 30, 2025

    Argentina Must Turn Over YPF Stake, NY Judge Says

    Argentina must give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in a pair of investor lawsuits, a New York federal judge ruled Monday, rejecting the country's argument that sovereign immunity shields the shares from turnover.

  • June 30, 2025

    9th Circ. Nixes Suit Against Allianz Over $6B Fraud Sentence

    A man can't bring securities fraud claims against Allianz SE after one of the German financial services giant's former businesses pled guilty to investment fund fraud and was ordered to pay roughly $6 billion, the Ninth Circuit ruled, finding he failed to sufficiently allege Allianz SE itself acted fraudulently.

  • June 30, 2025

    Aspen Hotel Investor Can't Get 2nd Go In $1M Fraud Suit

    A Colorado federal judge on Monday dismissed the bulk of claims against a luxury hotel owner accused of stealing more than $1.3 million from a former investment partner, ruling that the claims have already been litigated in New York state court.

  • June 30, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.

  • June 30, 2025

    Del. Justices Uphold State Sale Of Long-Dormant Stock

    Rejecting a doctor's claim that the risk of a state seizure and sale of his long-unchecked stock was "inherently unknowable," Delaware's Supreme Court preserved on Monday a lower court's finding that the statute of limitations barred his attempt to reclaim securities purportedly worth some $600,000 when sold.

  • June 30, 2025

    Ex-CEO Accused Of Ponzi-Like Scheme Agrees To SEC Deal

    A California businessman accused of running a Ponzi-like scheme with money clients gave him to invest in the cannabis industry has agreed to not fight U.S. Securities and Exchange Commission's efforts to hit him with penalties or confiscate his allegedly ill-gotten gains.

  • June 30, 2025

    Biotech Co. Stockholders Reach $32M Merger Suit Deal In Del.

    Former stockholders of Emisphere Technologies told the Delaware Chancery Court they have reached a $32 million settlement to resolve their suit challenging the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S.

  • June 30, 2025

    4 Mass. Rulings You May Have Missed In June

    A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.

  • June 30, 2025

    Hong Kong's IPO Surge Creates More Competition For US

    Hong Kong led global exchanges on new listings for operating companies in the first half of 2025, partly benefiting from a U.S.-China rift that is prompting more mainland China companies to seek secondary listings in Hong Kong, according to new data released on Monday.

  • June 30, 2025

    Chancery OKs $19.25M Settlement In Weber Squeeze-Out Suit

    Grillmaker Weber Inc. public stockholders secured an up to 87-cents-per-share boost Monday over the company's purportedly unfair, $3.7 billion take private sale, when the Delaware Court of Chancery approved a $19.25 million mediated settlement.

  • June 30, 2025

    Ripple To Abandon Appeal After NY Judge Rebuffed SEC Deal

    Ripple Labs CEO Brad Garlinghouse has said the blockchain firm plans to drop its appeal in its landmark case with the U.S. Securities and Exchange Commission, ending the matter after the New York federal judge overseeing the case refused to sign off on a settlement that would've truncated a court-ordered $125 million penalty.

  • June 30, 2025

    Justices Decline To Hear Ex-Tesla Worker's Whistleblower Suit

    The U.S. Supreme Court on Monday declined to take up a petition filed by a former Tesla employee who claimed he was retaliated against for reporting various forms of alleged misconduct at a Nevada factory to both company management and the U.S. Securities and Exchange Commission.

  • June 30, 2025

    High Court To Hear Fight Over Investment Fund Suits

    The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.

  • June 27, 2025

    Crytpo Co. Boss Gets 8 Years For $40M Ponzi Schemes

    A Brooklyn federal judge on Friday sentenced the head of multiple cryptocurrency companies to nearly eight years in prison for his role atop interrelated Ponzi schemes that raised over $40 million from investors based on false promises of guaranteed returns.

  • June 27, 2025

    Senate Republican Plan Would Cut sa¹ú¼Ê´«Ã½ Funds, Keep PCAOB

    U.S. Senate Banking Committee Republicans' latest budget bill plans have dropped a push to dismantle the Public Company Accounting Oversight Board and pivoted to a lesser — but still severe — cut to the Consumer Financial Protection Bureau's funding. 

  • June 27, 2025

    Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths

    Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.

  • June 27, 2025

    Tribes Say Kalshi's Sports Contracts Undermine Sovereignty

    A group of state and tribal gaming associations plus 27 federally recognized tribes have weighed in on a dispute between trading platform KalshiEx LLC and Maryland regulators, arguing that Kalshi's entrance into the gaming market has adversely impacted tribal gaming revenue and impeded tribes' inherent sovereign right to regulate gaming activity on tribal lands.

  • June 27, 2025

    Banks Get Clean Bill Of Health As Stress Test Changes Loom

    The Federal Reserve said Friday that the nation's big banks are stocked with enough capital to weather a severe recession, giving them passing marks on what are poised to be the last round of stress tests before regulators begin overhauling the testing process.

Expert Analysis

  • Assessing Market Manipulation Claims In Energy Markets

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    Today's energy markets are conducive to sudden price changes, breakdowns in pricing linkages and substantial shifts in trading patterns, so it's necessary to take a holistic view when evaluating allegations of market manipulation, say Maximilian Bredendiek, Greg Leonard and Manuel Vasconcelos at Cornerstone Research.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Limit On SEC Enforcement Authority May Mean Fewer Actions

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    Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.

  • As SEC, CFTC Retreat, Who Will Police The Crypto Markets?

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    As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.

  • Calif. May Pick Up The Slack On Foreign Bribery Enforcement

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    The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • A Look At M&A Trends In An Uncertain Deal Environment

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    Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.

  • Opinion

    Ripple Settlement Offers Hope For Better Regulatory Future

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    The recent settlement between the U.S. Securities and Exchange Commission and Ripple — in which the agency agreed to return $75 million of a $125 million fine — vindicates criticisms of the SEC and highlights the urgent need for a complete overhaul of its crypto regulation, says J.W. Verret at George Mason University.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • FDIC Shift On ALJs May Show Agencies Meeting New Norms

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    The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

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