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Securities
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July 18, 2025
Investor Sues Biotech Capricor After Product's FDA Denial
Biotechnology company Capricor Therapeutics Inc. faces a proposed investor class action alleging it misrepresented its lead product candidate's approval prospects before the U.S. Food and Drug Administration.
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
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July 18, 2025
CORRECTION: FirstEnergy Investors File Unredacted Discovery Brief
Editor's note: An article published Friday incorrectly referred to a court filing as new. The filing, which was a motion to compel discovery, was originally made in July 2023, but with redactions. It was refiled Thursday with the redactions removed. The redacted material described memoranda sought by the plaintiffs in the matter, among other things. A special master granted the motion in November 2023, and a federal judge in April 2024 overruled objections to the special master's order.
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July 18, 2025
Chancery Tosses Twitter Investor's $1.9M Stock Drop Suit
A Washington state computer software engineer who sued Elon Musk and affiliated entities in Delaware's Court of Chancery hoping to recoup a $1.88 million loss on Twitter shares he sold when Musk briefly backed out of a deal for the social media company lost on all counts on Friday.
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July 18, 2025
CME Exec Defends Traders' Membership Values On The Stand
CME Group CEO Terry Duffy testified on Friday that a data center the company built to accommodate electronic trading did not violate rights promised to members when they were asked to vote on a demutualization he characterized as a "windfall for every single person who owned membership on the exchange."
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July 18, 2025
Chancery Fast-Tracks Game Co. Suit Over $250M Earnout
A shareholder representative for a popular video game franchise won a Delaware Chancery Court partial fast-track Friday in a suit accusing the company's South Korean buyer of scheming to sabotage the acquired company's most promising game sequel to avoid paying a $250 million deal earnout bonus.
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July 18, 2025
Crypto Firms' OCC Charter Bids Draw Bank Industry Scrutiny
Major banking industry groups are warning the Office of the Comptroller of the Currency that approving pending bank charter bids from crypto-linked firms like Ripple could "represent a fundamental departure" from long-standing policy, urging the agency to delay action until more information about their plans is made public.
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July 18, 2025
2 Firms Score $35.5M Atty Fees In $71M Rate-Swaps Deal
Cohen Milstein Sellers & Toll PLLC and Quinn Emanuel Urquhart & Sullivan LLP have been awarded $35.5 million for their work on scoring $71 million in settlements of multidistrict litigation with top international investment banks, ending claims they allegedly schemed to limit market competition over interest rate swaps.
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July 18, 2025
9th Circ. Turns Away Wells Fargo's 'Sham' Hiring Appeal
The Ninth Circuit has said it will not hear Wells Fargo's appeal of an investor lawsuit accusing the company of conducting "sham" job interviews to meet a diversity quota, allowing thousands of shareholders to move forward with their claims as a class.
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July 18, 2025
Gibson Dunn Ends SEC Suit Over 'Dealer' Theory
Gibson Dunn & Crutcher LLP has dropped a suit accusing the U.S. Securities and Exchange Commission of violating the Freedom of Information Act by not producing requested records regarding enforcement actions against investors who provided convertible loans to public companies but were not registered as dealers.
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July 18, 2025
Retailer At Home Gets Final OK On $600M Bankruptcy Loan
A Delaware bankruptcy judge signed off Friday on furniture retailer At Home's request to borrow up to $600 million in Chapter 11 financing, approving the loan after the debtor resolved an objection from unsecured creditors.
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July 18, 2025
Fashion-Tech Biz Founder Charged With $300M Investor Fraud
The founder of bankrupt apparel technology company CaaStle Inc. defrauded investors out of $300 million, federal prosecutors in Manhattan said Friday, unsealing an indictment charging her with using sham documents to falsely promote a "rapidly growing business" supposedly worth $1.4 billion.
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July 17, 2025
Bitcoin Treasury Firm To Go Public Via $1.5B SPAC Deal
Bitcoin investment company BSTR Holdings Inc. announced on Thursday that special purpose acquisition company Cantor Equity Partners I Inc. will provide it with up to $1.5 billion in financing in a go-public deal, guided by Ellenoff Grossman & Schole LLP and Skadden Arps Slate Meagher & Flom LLP.
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July 17, 2025
Thrivent Challenges SEC Over FINRA Arbitration Rules
Financial services giant Thrivent has filed a petition in the D.C. Circuit Court of Appeals seeking to force the U.S. Securities and Exchange Commission to review three rules adopted by the Financial Industry Regulatory Authority that give the agency exclusive jurisdiction over arbitration disputes between brokers and their customers.
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July 17, 2025
Circle's Bank Plans Include Regulatory Vets At Helm
Stablecoin giant Circle has tapped Heath Tarbert, its president and former top derivatives regulator, as well as a former Office of the Comptroller of the Currency chief counsel to help oversee its proposed national trust bank, according to application materials made public Thursday.
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July 17, 2025
SEC Fraud Suit Against Ex-Online Pharmacy Execs Advances
A New York federal judge has declined to dismiss a majority of the U.S. Securities and Exchange Commission's claims against former executives of a now-defunct online pharmacy called Medly, finding the agency adequately pleaded that the executives made false statements or acted recklessly, among other misconduct.
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July 17, 2025
Accolade Faces $4.8M Suit Over Pre-Merger Profit Claims
Personalized healthcare solutions company Accolade Inc. was hit with an investor suit Thursday accusing it and its CEO of making false statements about its profitability to prop up share prices before announcing its plan to go private via a merger with healthcare company Transcarent Inc.
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July 17, 2025
3 Crypto Bills Pass House, With Stablecoins Headed To Trump
The House of Representatives on Thursday agreed to send a bill to regulate stable-value tokens to the president's desk, in addition to advancing proposals to regulate crypto markets and ban the government from exploring the issuance of a digital dollar onto the Senate.
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July 17, 2025
2 Firms To Lead Target Shareholder Suit Over DEI Initiatives
Rigrodsky Law PA and Levi & Korsinsky LLP will lead a now-consolidated shareholder derivative action accusing Target Corp.'s executives and directors of harming investors by greenlighting the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ-related merchandise.
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July 17, 2025
SEC Atty Exits After Hiding Revoked License, OIG Says
A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.
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July 17, 2025
Musk, SEC Seek More Time For Response In Twitter Case
Elon Musk and the U.S. Securities and Exchange Commission on Thursday jointly asked a D.C. federal court to allow the billionaire more time to respond to the agency's complaint that he failed to timely report his Twitter purchases before buying the platform and renaming it X.
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July 17, 2025
Former Club Rugby Champ Jailed For Crypto Ponzi Scheme
A Seattle federal judge on Wednesday sentenced a former national champion club rugby player to 30 months in prison for wire fraud after he defrauded investors with promises of building a new cryptocurrency mining operation.
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July 17, 2025
Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.
Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.
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July 17, 2025
DMC Global Brass Sued Over Arcadia Acquisition
Executives and directors of industrial company DMC Global Inc. have been hit with a shareholder derivative suit in Colorado federal court accusing them of allowing the company to exaggerate the prospects and financial health of a manufacturing segment it acquired in 2021.
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July 17, 2025
CFTC Restructures Enforcement Division Amid Layoffs
The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.
Expert Analysis
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Capital One Deal Approval Lights Up Path For Bank M&A
The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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New FCPA Guidance Creates 5 Compliance Imperatives
In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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SEC Proposal Could Hurt Foreign Issuers' US Market Access
The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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Can Companies Add Tariffs Back To Earnings Calculations?
With the recent and continually evolving tariffs announced by the Trump administration, John Ryan at King & Spalding takes a detailed look at whether those new tariffs can be added back in calculating earnings before interest, taxes, depreciation and amortization — an important question that may greatly affect a company's compliance with its financial covenants.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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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.