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Securities
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July 24, 2025
Judge Says UiPath Investors Disappointed, Not Deceived
Automation software firm UiPath Inc. has, for now, defeated a consolidated investor suit accusing it of falsely touting the success of a new development strategy, after a federal judge said that security laws do not shield against bad outcomes and investors did not plausibly allege material misstatements or fraudulent intent.
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July 23, 2025
NJ Fed. Judge Pulls Opinion Flagged With Nonexistent Quotes
A New Jersey federal judge on Wednesday withdrew his decision declining to dismiss a securities class action against CorMedix Inc. after an attorney for the biopharmaceutical firm pointed out the opinion contained "a series of errors," including nonexistent quotes and misstated decisions.
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July 23, 2025
MIT Grads Can't Escape $25M Crypto Heist Charges
Two Massachusetts Institute of Technology-educated brothers accused of executing a $25 million cryptocurrency theft remain on the hook for fraud after a New York federal judge ruled Wednesday that prosecutors have shown that the pair's novel methods intended to deceive certain traders and meddled with transactions.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
Meme Coin Buyers Say Pump.Fun Offered 'Illegal Gambling'
Users of the meme coin launchpad Pump.Fun accused the company of operating an illegal digital casino in an updated complaint that added racketeering allegations to their earlier proposed securities class action and named developers of the project's underlying blockchain as defendants.
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July 23, 2025
Vietnamese Investors Seek Funds Back From EB-5 Project
Fourteen Vietnamese nationals have sued a Virginia law firm and its head attorney, seeking to cancel their $500,000 investments in a hotel redevelopment project after the federal government said it was denying their petitions for conditional permanent residency.Â
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July 23, 2025
Stitch Fix Execs Hid Losses And Sold $102M In Stock, Suit Says
Stitch Fix's top brass have been hit with a shareholder derivative suit accusing them of selling more than $102 million worth of company stock on insider information, as the company's new purchasing option was undercutting and cannibalizing its core curated box subscription.
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July 23, 2025
Medical Device Co. Faces Investor Suit Over Sales Decline
Eye surgery equipment manufacturer RxSight Inc. has been hit with a proposed shareholder class action accusing it of concealing "adoption challenges" and declining sales of its products, which led to a nearly 38% hit to shares when it finally disclosed the shortcomings.
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July 23, 2025
MicroStrategy Sued In Del. After No-Vote Stock Expansion
A stockholder of cryptocurrency venture MicroStrategy Inc. has launched a proposed class suit in Delaware's Court of Chancery, accusing the company and its chairman and former CEO, Michael Saylor, of amending — without a stockholder vote — liquidation preference rules for some preferred company stock.Â
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July 23, 2025
3rd Circ. Backs Off 2nd Look At Class Action Fraud Sanction
The Third Circuit has reissued an opinion upholding the conviction of a man accused of defrauding shareholder settlement funds, but saying it should not have previously ordered the lower court to potentially increase the $31 million judgment against the man.
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July 23, 2025
Ex-Cannabis Co. CFO OK'd To Argue Good Faith In SEC Case
A former executive of cannabis company Acreage Holdings Inc., accused of falsifying the company's financials, will be permitted to argue that he was acting in good faith, a Manhattan federal judge said Wednesday, finding it was too early to know whether attorney-client privilege would block his defense.
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July 23, 2025
Adviser Drops FINRA 5th Amendment Challenge
A financial adviser has dropped his Fifth Amendment challenge against the Financial Industry Regulatory Authority, following the regulator's arguments that it is not subject to constitutional requirements when carrying out its self-regulatory responsibilities.
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July 23, 2025
SEC Asks 8th Circ. To Rule On Abandoned Climate Regs
The U.S. Securities and Exchange Commission asked the Eighth Circuit on Wednesday to decide the fate of Biden-era climate disclosure rules that the agency has said it will no longer defend against challenges brought by Republican-led states and business interests.
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July 23, 2025
Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits
A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.
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July 23, 2025
Ex-Real Estate Finance Pro Tapped For OCC Chief Of Staff
President Donald Trump's top national bank regulator has hired a new chief of staff, bringing on a former federal housing finance official from the private sector to help steer policy coordination and internal operations at the Office of the Comptroller of the Currency, the agency said Wednesday.
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July 23, 2025
CFTC Settles With Puerto Rico-Based Gas Futures Trader
The Commodity Futures Trading Commission and a Puerto Rico-based natural gas futures trader on Wednesday announced that they had reached a settlement, ending the agency's suit alleging that the trader used nonpublic information to make profitable energy trades.
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July 22, 2025
Becton Dickinson Investors Seek Final OK Of $9M Deal
Investors in medical tech manufacturer Becton Dickinson are seeking final approval of their $9 million deal that will end derivative claims the company was damaged by its attempts to hide regulatory problems regarding sales of its Alaris pump, which would add to the list of settlements the company has entered over the alleged misrepresentations.
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July 22, 2025
SEC Says Ariz. Man Traded On Pal's Divulged Merger Info
An Arizona man has agreed to pay the U.S. Securities and Exchange Commission nearly $168,000 to resolve claims he engaged in insider trading of a trucking company's shares after a friend who worked for the company's competitor informally mentioned his employer's secret acquisition talks.
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July 22, 2025
EQT Investors' $167.5M Deal To End Merger Suit Gets 1st OK
Investors in energy company EQT Corp. have gotten an initial green light for their $167.5 million settlement to end claims the company overstated the benefits of its $6.7 billion merger with Rice Energy, drawing what's purported to be the largest shareholder settlement in the Western District of Pennsylvania closer to a close.
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July 22, 2025
Basel Exit Could Hurt US Influence, Experts Warn At Fed Event
Banking industry experts warned Tuesday that the U.S. risks undermining its global influence and keeping bank capital costs elevated if it doesn't implement some form of the so-called Basel III endgame, with one former Federal Reserve official likening the prospect of such a retreat to the "Peanuts" gag of Lucy yanking the football from Charlie Brown.
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July 22, 2025
GOP Senators Float Crypto Market Structure Discussion Draft
Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.
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July 22, 2025
Convicted Crypto Hacker Used Tornado Cash To Aid Coverup
A former Amazon engineer who was sentenced to three years in prison after admitting to stealing approximately $12 million from cryptocurrency exchanges testified Tuesday that he used Tornado Cash as part of a complex scheme to cover his hacking activities, as the trial of its co-founder entered its second week.
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July 22, 2025
CFTC Denied Early Win In $185M Metals Fraud Suit
A Texas federal judge has denied summary judgment to both the Commodity Futures Trading Commission and two individual defendants in a fraud suit that accuses them and their entities of ripping off more than 1,600, mostly elderly, investors and causing over $185 million in customer losses, setting the matter up for a potential trial.
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July 22, 2025
CME E-Trading Was Open Before Data Center, Jury Hears
Chicago Mercantile Exchange members were using electronic trading connectivity tools alongside nonmembers and paying equal access fees for at least a decade before the exchange opened a data center that some members alleged violated their contractual floor exclusivity and access rights, an Illinois jury heard Tuesday.
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July 22, 2025
Del. Boutique Wins 'Heated' Battle To Lead Endeavor Suit
Litigation boutique Abrams & Bayliss LLP has been handed the reins to a potential blockbuster lawsuit alleging that sports and entertainment giant Endeavor Group Holdings was undervalued in a $13 billion take-private deal, with a Delaware vice chancellor on Tuesday settling what she described as a "heated," and at times personal, leadership fight in the case.
Expert Analysis
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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What 9th Circ. Ruling Shows About Rebutting SEC Comments
The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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Defense Lessons From Freshworks' Win In Post-IPO Case
A California federal court’s recent decision to grant Freshworks’ summary judgment bid in a proposed investor class action helpfully clarifies two important points for defendants facing postoffering securities claims under Section 11 of the Securities Act, say attorneys at Paul Weiss.
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'Loss' Policy Definition Is Key For Noncash Settlements
A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Yacht Broker Case Highlights Industry Groups' Antitrust Risk
The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Quantifying Trading-Based Damages Using Price Impact
The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.