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Securities
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October 28, 2025
Nikola Founder's Suit Against CNBC Is 'Hubris,' NJ Panel Told
CNBC and Hindenburg Research LLC urged a New Jersey appellate panel on Tuesday to block the trade libel claims of Nikola Corp.'s founder, executive chairman and chief executive, saying he was merely recasting a time-barred defamation claim to sidestep New Jersey's one-year statute of limitations.
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October 28, 2025
NCLA Appeals SEC's FOIA Victory In Breach Case
The New Civil Liberties Alliance asked the D.C. Circuit on Tuesday to review a lower court ruling that it could not access all the documents it sought to obtain from the U.S. Securities and Exchange Commission following an internal information breach at the agency.
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October 28, 2025
Building Materials Co. Misled Investors About Sales, Suit Says
Fiber cement products manufacturer James Hardie Industries PLC has been hit with a proposed investor class action accusing it of making misleading claims about its ability to strengthen its North American segment while a significant portion of its customers were destocking inventory.
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October 28, 2025
Ex-Philips CEO Can't Undo Finding He Misled Shareholders
A Brooklyn federal judge will not reverse a finding that a former CEO of health technology company Koninklijke Philips NV misled shareholders about the safety and compliance of a subsidiary's sleep and respiratory care products.
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October 28, 2025
Dental Co. Tells Chancery Ex-Executive Stole Business
A California dental lab sued the former CEO of one of its subsidiaries in the Delaware Chancery Court, saying he violated a multimillion-dollar sale agreement when he resigned, purchased a rival business using information he collected through his former job and is now after its customers.
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October 28, 2025
Getting Grilled By FINRA 'Blows,' StraightPath Exec Texted
A StraightPath co-founder on trial for an alleged $400 million investor fraud complained via text about a Financial Industry Regulatory Authority probe as he gave what prosecutors call false testimony, evidence before a Manhattan federal jury showed Tuesday.
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October 27, 2025
Tom Hayes Slaps UBS With $400M Malicious Prosecution Suit
Former UBS trader Tom Hayes has filed a $400 million suit against his old employer, claiming the company "maliciously" framed him as the "evil mastermind" behind the company's Libor scandal despite the fact that he was explicitly directed to try to influence Libor submissions while at UBS.
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October 27, 2025
MIT Bros Go After 'Sandwichers' In $25M Crypto Heist Trial
The CEO of Savannah Technologies on Monday took the witness stand in the trial of two MIT-educated brothers accused of stealing $25 million from the Israeli cryptocurrency trading firm and others, and quarreled with defense counsel over the appropriateness of the company's use of a controversial strategy known as sandwich trading.聽
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October 27, 2025
$HAWK Buyers Get Suits Over Coin Flop Consolidated
A New York federal court on Monday granted two groups of buyers of the viral "Hawk Tuah" meme-themed cryptocurrency to combine their securities suits against the meme coin's promoters and developers.
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October 27, 2025
Kalshi Sues NY Regulator Over Cease-And-Desist Letter
Trading platform Kalshi on Monday accused the New York State Gaming Commission of intruding into the federal government's regulatory authority over derivatives trading, in a lawsuit following a cease-and-desist letter it received from the state regulator for allegedly illegal sports wagering.
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October 27, 2025
Trump Taps Ex-Willkie Atty For 2nd Shot At Filling CFTC Chair
President Donald Trump has chosen a former Willkie Farr & Gallagher LLP partner and top attorney on聽the U.S. Securities and Exchange Commission's cryptocurrency task force to head the U.S. Commodity Futures Trading Commission, tapping聽the crypto industry advocate to lead an agency struggling聽with聽a leadership void.
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October 27, 2025
2nd Circ. Tosses Ex-Iconix CEO's Fraud Conviction
The Iconix Brand Group founder who was convicted of falsely inflating revenue by $11 million had his conviction overturned Monday by a Second Circuit panel that said he was subjected to double jeopardy.
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October 27, 2025
Manufacturer Ditches Workers' 401(k) Fee Suit For Good
An Illinois federal judge has permanently dismissed a proposed class action claiming manufacturer Dover Corp. saddled its $1.4 billion retirement plan with excessive recordkeeping and administrative fees, saying the participants' comparator data isn't sufficient under the latest Seventh Circuit guidance for analyzing fiduciary prudence.
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October 27, 2025
FINRA Fines Conn. Broker-Dealer Over Underfunded Reserves
A Connecticut brokerage will pay a $250,000 fine to end Financial Industry Regulatory Authority claims it underfunded its reserves and subsequently kept inaccurate records during a recent two-and-a-half year period.
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October 27, 2025
Epstein Docs From JPMorgan Case To Be Largely Unsealed
A New York federal judge agreed Friday to unseal the "great majority" of documents sought by The New York Times and The Wall Street Journal in since-settled litigation alleging JPMorgan Chase aided Jeffrey Epstein's sex-trafficking activity, finding the names of individuals who discussed Epstein with bank executives must be unsealed.
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October 27, 2025
Minerals Co. Brass Settles Investor Suit Over Gov't Contract
Compass Minerals International's leadership has reached a settlement in a shareholder derivative suit accusing them of hiding signs that the company would not be able to renew a lucrative supplier relationship with the U.S. Forest Service.
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October 27, 2025
6th Circ. Judges Question FINRA's 'Voluntary' Membership
Sixth Circuit judges probed the effect聽on private securities regulators聽of a U.S. Supreme Court decision聽limiting the U.S. Securities and Exchange Commission's use of in-house courts聽Monday, though a procedural issue may thwart the appeal.聽聽
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October 27, 2025
Chinese E-Commerce Giant Can't Block Class Arbitration
Chinese e-commerce giant Dangdang must face class arbitration of claims that it grossly shortchanged minority shareholders when it went private in 2016, after a judge in New York ruled that the tribunal did not exceed its power despite the underlying arbitration clause not mentioning class arbitration.
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October 27, 2025
Acadia Pushes For Appeal Of Investors' Partial Early Win
Acadia Healthcare Company Inc. is looking to appeal a partial early win granted to a proposed class of investors accusing the company of misleading them about the strength of its United Kingdom operations, arguing that the court's recent ruling presents controlling questions of law warranting immediate appellate review.
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October 27, 2025
Feds Fight Union Bid To Protect Jobs During Gov't Shutdown
The Trump administration is fighting a group of unions' request for a California federal judge to block the government from laying off federal workers during the shutdown, saying the injunction request from eight unions is far too broad.
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October 27, 2025
Chancery Mulls Shorter Fuse For Some Court Of Equity Suits
A Delaware jurist questioned Monday some applications of the Court of Chancery's "laches" counterpart to regular, statutory courts' three-year deadline for bringing claims, saying during arguments on dismissal of a special purpose acquisition company suit that claims in equity "may well" get less time to file.
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October 27, 2025
Robinhood User Attys Forgo Fee Over 'Unusually High' Costs
Attorneys representing Robinhood users said they will forgo fees after racking up "unusually high" costs brokering the $2 million settlement of a consolidated class action alleging the investing platform failed to disclose financial interests, affecting how customers' orders were handled.
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October 27, 2025
Gold Star Mother Seeks Early Win In NJ Malpractice Case
The mother of a deceased Army service member moved for a default this week in New Jersey federal court against a law firm she has accused of mishandling her case against the Army after she was the victim of a fraud.
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October 27, 2025
Willkie Taps Longtime Kirkland Atty To Lead Restructuring
Willkie Farr & Gallagher LLP has added a restructuring attorney who was previously with Kirkland & Ellis LLP as a partner and as chair of its restructuring group, the firm announced Monday.
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October 27, 2025
Moderna Says Vax Efficacy Math Doesn't Show Investor Fraud
An investor in vaccine giant Moderna Inc. has failed to show that the company misrepresented the efficacy of its RSV vaccine by pointing out that the U.S. Food and Drug Administration later recalculated the vaccine's efficacy, the company said in an effort to slip a proposed investor class action.
Expert Analysis
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual鈥檚 recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the bene铿乼s of voluntary self-disclosure, say attorneys at Paul Weiss.
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3 Rulings Show Hurdles To Proving Market Manipulation Fraud
Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Untangling 'Debanking' Exec Order And Ensuing Challenges
President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.