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Securities

  • June 27, 2025

    Injunction OK'd In Ex-FTX Exec Ch. 11 Clawback Case

    A Delaware bankruptcy judge approved a preliminary injunction Friday against former FTX executive Ryan Salame to prevent him from dissipating as much as $6 million in assets he is accused of taking from the cryptocurrency exchange prior to its 2022 collapse.

  • June 27, 2025

    Wells Fargo Beats Some Claims In Cash Sweep Litigation

    A federal judge on Friday nixed some claims in a proposed class action accusing Wells Fargo of harming customers through its cash sweep deposit program by giving them only minimal interest on their holdings, including a claim that the bank breached its fiduciary duties to its indirect clients.

  • June 27, 2025

    Hagens Berman Client Loses Bid To Lead Super Micro Class

    A California federal judge rejected a Hagens Berman Sobol Shapiro LLP client's bid to lead investor claims that Super Micro Computer Inc.'s shares fell roughly 20% after a short seller report accused it of violating its previous settlement with the U.S. Securities and Exchange Commission over accounting improprieties.

  • June 27, 2025

    Apple Execs Sued Over Alleged AI Misrepresentations

    Apple's top brass have been hit with a derivative suit accusing them of duping shareholders into believing the tech giant would launch new artificial intelligence Siri features on the iPhone 16, which caused a stock drop when the rollout was delayed repeatedly.

  • June 27, 2025

    Del. Supreme Court Upholds Ruling In $5.5M Earnout Dispute

    Delaware's highest court offered no long goodbye Friday to data management venture STX Business Solutions LLC's appeal for a revival of buyer breach claims in a suit dismissed by the Court of Chancery in October.

  • June 27, 2025

    NJ Judge Denies Investment Fund's Bid For Nonparty Docs

    A New Jersey federal judge has rejected a Black-owned investment fund's bid to obtain personal emails and other documents related to the relationship between an asset management firm's principals and the ex-director of the Garden State's investment division, ruling the fund failed to show the need for the documents and that the request is overly burdensome.

  • June 27, 2025

    RE Developer Cops Plea, Settles SEC's $3M Fraud Suit

    A New Hampshire-based real estate developer has agreed to plead guilty and settle parallel U.S. Securities and Exchange Commission claims that she defrauded investors out of more than $3 million through a series of real estate investment projects between 2018 and 2024.

  • June 27, 2025

    FDIC, OCC Join Fed In Pitching Plan To Ease Leverage Rule

    A Federal Reserve-backed proposal to relax a key leverage rule for the nation's biggest banks moved forward to the public comment stage Friday after securing approvals from the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency.

  • June 27, 2025

    Pillsbury Adds Restructuring Pro From Paul Hastings In NY

    Pillsbury Winthrop Shaw Pittman LLP has grown its insolvency and restructuring practice in New York with the addition of a Paul Hastings LLP partner.

  • June 27, 2025

    NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials

    Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.

  • June 26, 2025

    SEC Won't Modify More Biden-Era Off-Channel Settlements

    The U.S. Securities and Exchange Commission declined Thursday to rework another batch of Biden-era settlements tied to so-called off-channel communications on Wall Street, turning down bids that challenged some terms as unfair in light of more lenient later deals.

  • June 26, 2025

    Buyer Sanctioned For Scrapping $16M Deal With Cattle Co.

    A Texas federal judge sanctioned a would-be buyer of assets for a defunct cattle trading company at the center of an alleged $161 million Ponzi scheme, saying during a Thursday hearing that the buyer should not have stalled before confessing it didn't have the funds.

  • June 26, 2025

    Bayer Investors' $38M Settlement Over Monsanto Deal OK'd

    A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."

  • June 26, 2025

    Barclays Can't Nix All Of Epstein Stock Fraud Suit, Judge Says

    A California federal judge has refused to dismiss two of three claims in a securities class action accusing Barclays and a former CEO of the bank of misleading investors about the executive's ties to Jeffrey Epstein, finding it plausible that certain public statements the company made were misleading.

  • June 26, 2025

    CSBS Issues Money Transmitter Guidance on Virtual Currency

    The Conference of State Bank Supervisors on Thursday released advisory guidance on how to consider virtual currency when calculating a licensee's tangible net worth under the Money Transmission Modernization Act, the first set of recommendations to be published under the CSBS board of directors' newly established process for issuing nonbinding, advisory guidance.

  • June 26, 2025

    Hims & Hers Face Investor Suits Over Wegovy Collab

    Telehealth company Hims & Hers Health Inc. has been hit with investors' proposed class actions accusing it of exploiting its partnership with Novo Nordisk, the distributor of weight loss drug Wegovy, to sell "knockoff" drugs, causing Hims shares to fall 35% when Novo Nordisk announced earlier this week the collaboration had been terminated.

  • June 26, 2025

    Biotech Co. Must Face Investor Suit Over Misleading Claims

    Biotech company CytoDyn and its former executives and directors cannot escape a suit accusing them of misleading shareholders about the likelihood that the U.S. Food and Drug Administration would approve its drug the company claimed had the potential to treat HIV and COVID-19.

  • June 26, 2025

    SEC Members Hint At Curtailing CEO Pay Disclosure Rules

    The U.S. Securities and Exchange Commission's Republican majority Thursday expressed support for paring back disclosures requiring publicly traded companies to compare CEO pay to that of the median worker as well as reporting requirements that detail how executive pay stands up to financial performance.

  • June 26, 2025

    Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout

    An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.

  • June 26, 2025

    GOP Sens. Aim To Finalize Crypto Market Bill By Sept. 30

    Republican senators pledged Thursday to finish their digital asset market structure legislation by the end of September, stressing the urgency of delivering on President Donald Trump's aim to make the U.S. the cryptocurrency capital of the world.

  • June 26, 2025

    Boeing Wins Discovery Stay In Chancery Derivative Suit

    Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.

  • June 26, 2025

    'Pig Butchering' Scam Suit Dismissed For Good

    An Alabama resident who sued two cryptocurrency firms and their CEO, accusing them of running a $28 million "pig butchering" scam that defrauded victims by laundering stolen cryptocurrency through a complex network of wallets, has jointly agreed with the defendants to dismiss the suit with prejudice.

  • June 26, 2025

    2nd Circ. Won't Void Aerospace Co.'s $5M Hedge Fund Loan

    The Second Circuit has said a New York federal judge was correct in rejecting aerospace company Xeriant's bid to void a $5 million loan deal with Auctus Fund LLC, ruling that while the hedge fund was not registered with the U.S. Securities and Exchange Commission as a dealer, the contract didn't obligate it to do so.

  • June 26, 2025

    SEC Enforcement Atty Joins Scott+Scott In New York

    Connecticut-based securities law firm Scott+Scott Attorneys at Law LLP announced that a former U.S. Securities and Exchange Commission enforcement attorney has joined the firm's New York office as a senior associate.

  • June 26, 2025

    NY Judge Again Rejects Bid To Undo Ripple, SEC Judgment

    A New York federal judge on Thursday rejected a joint request from the U.S. Securities and Exchange Commission and Ripple Labs Inc. to undo a permanent injunction and cut down the $125 million fine included in her final judgment in the landmark case.

Expert Analysis

  • A Primer On The Trading And Clearing Of Perpetual Contracts

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    The U.S. Commodity Futures Trading Commission recently released a request for comment on the trading and clearing of perpetual-style derivatives, most common in the cryptocurrency market, necessitating a deep look at how these contracts operate and their associated risks, say attorneys at Moore & Van Allen.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Crunching The Numbers Of Trump SEC's 1st 100 Days

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    During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • A Look At Probabilistic Tracing After High Court's Slack Ruling

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    Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.

  • NY Tax Talk: Sourcing, Retroactivity, Information Services

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    Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.

  • DOJ Memo Maps Out A Lighter Touch For Digital Assets

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    A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.

  • SEC Update May Ease Accredited Investor Status Verification

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    The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • FDIC Unlocks A Door To Banks' Potential Crypto Future

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    The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • The SEC's Administrative Law Courts Are At A Crossroads

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    The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.

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