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Securities
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September 02, 2025
Digimarc Hit With Second Investor Suit Over Lost Contract
Digimarc executives failed to warn investors about the expiration of a key customer contract, a loss that ultimately led to a 43% stock drop in February, investors have claimed in a class action.
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September 02, 2025
NJ Judge Tosses REIT Shareholders' Liquidation Suit
A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.
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September 02, 2025
Colgate-Palmolive To Shell Out $332M In Pension Payout Fight
Colgate-Palmolive retirees asked a New York federal judge to greenlight a $332 million class action deal in their suit claiming the household products company shorted them on lump-sum retirement payouts, signaling the end of a nearly decade-old case that reached the Second Circuit in 2023.Â
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Federal Judge Blocks New Texas ESG Disclosure Law
A Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment.
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August 29, 2025
SEC Says Crypto Project Mango Can't 'Undo' $700K Settlement
The U.S. Securities and Exchange Commission is pushing back on cryptocurrency project Mango Labs' bid to undo a nearly $700,000 settlement, saying the project's crypto policy pivot and subsequent dismissal of certain crypto enforcement actions aren't reasons to remedy its "buyers' remorse" over the deal.
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August 29, 2025
SEC Enters New Enforcement Era With Unlikely Leader
As the U.S. Securities and Exchange Commission prepares to welcome a new enforcement director after nearly a year without someone permanently in the role, securities industry insiders are waiting to see how the former military judge will leave her mark on an agency that is already in the midst of transformation.
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August 29, 2025
SEC Beats FOIA Suit Over Its Internal Breach
The U.S. Securities and Exchange Commission was not in the wrong for withholding information related to a 2022 internal information breach from a conservative civil rights organization that requested documents on the matter, a Washington, D.C., judge determined, citing the attorney work-product doctrine.
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August 29, 2025
Split 9th Circ. Revives Suit Over $2.1B Robinhood IPO
A divided Ninth Circuit on Friday revived a proposed investor class action suit accusing Robinhood Markets Inc. of failing to disclose a downturn in user interest ahead of its $2.1 billion initial public offering, ruling that corporations planning to go public have a duty to disclose material financial information even from quarters that have just ended.
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August 29, 2025
Chancery Unwinds Wireless Co. Founder's Ouster
The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.
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August 29, 2025
RICO, Fraud Claims Tossed In LA Real Estate Investment Suit
A Georgia federal court has determined that fraud and racketeering claims from a group of Chinese and American investors in a real estate investment suit alleging a group of fraudsters duped them out of millions of dollars with bogus representations are barred by merger clauses and federal securities regulations.
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August 29, 2025
3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit
A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.
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August 29, 2025
7th Circ. Backs $4.5M Fraudster's 8-Year Prison Sentence
A real estate investment firm owner who transferred investor money to his friends' companies without permission and advertised to his own less-educated Amish community was properly sentenced to eight years in prison, the Seventh Circuit has ruled.
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August 29, 2025
Vanguard To Pay $19.5M Over Adviser Conflict Disclosures
Vanguard Advisers Inc. agreed to pay $19.5 million to resolve claims from the U.S. Securities and Exchange Commission that it failed to adequately disclose conflicts of interest in connection with its recommendation to clients to enroll in its managed account program.
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August 29, 2025
Banks Ignored Pig Butchering Scheme's Red Flags, Suit Says
A California couple who say they lost $600,000 in a so-called pig butchering investing scam have sued several financial institutions, including three banks and two fintech payment platforms, alleging the banks chose to "bury their heads in the sand" as the purported scammers took advantage of their targets.
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August 29, 2025
SEC, Musk File Competing Bids To End Twitter Buy-Up Suit
The U.S. Securities and Exchange Commission and Elon Musk have both moved for early victories in a lawsuit accusing Musk of failing to timely disclose a beneficial ownership stake in Twitter, with the billionaire owner of the social media site calling the case one of "gross governmental overreach."
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August 29, 2025
Concrete Co. Challenges Stockholder's Second Books Suit
Attorneys for a concrete company taken private in an $11.5 billion merger in February have called for dismissal of a stockholder's document suit, saying he lost standing to sue for deal-related books and records when he dropped an earlier books demand and challenged the merger outright.
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August 29, 2025
4 Firms Advise As PepsiCo Adds $585M Celsius Stake
PepsiCo Inc. said on Friday it has acquired $585 million of newly issued 5% convertible preferred stock in Celsius Holdings Inc., part of a broader effort to fine-tune its presence in the U.S. and Canadian energy drink markets, in a deal guided by four law firms.
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August 29, 2025
Strathcona Upping MEG Stake, Against $5.7B Cenovus Deal
North American oil producer Strathcona Resources Ltd. has unveiled plans to up its stake in Canadian oil sands producer MEG Energy by 5%, a move that marks an attempt to block Cenovus Energy's planned CA$7.9 billion ($5.7 billion) takeover of MEG.
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August 29, 2025
SEC Says Luxury Car Export Biz Was $30M Scam
A Turkish national and his Massachusetts-based company conned investors out of $30 million through a fake business venture that claimed to export luxury cars from the U.S., the U.S. Securities and Exchange Commission said.
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August 28, 2025
2nd Circ. Affirms Hedge Fund Win In $87M Short-Swing Suit
A unanimous Second Circuit panel on Thursday upheld a summary judgment win for hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of $87 million in short-swing profits that allegedly were wrongfully obtained by the investment adviser.
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August 28, 2025
Ex-Fugees Rapper Ordered To Pay $6.5M In Loan Dispute
A Georgia federal judge has ruled that former Fugees rapper Prakazrel Samuel "Pras" Michel must repay $6.5 million to a lender that accused him of fraudulently selling his music catalog while it was being held as collateral.
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August 28, 2025
CFTC Clears Registration Path For Offshore Crypto Cos.
The U.S. Commodity Futures Trading Commission on Thursday made clear that certain offshore cryptocurrency entities can use its foreign board of trade registration framework to serve U.S. customers.
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August 28, 2025
Unicoin Says SEC's $100M Fraud Suit 'Twists' Its Disclosures
Crypto firm Unicoin told a New York federal judge that the U.S. Securities and Exchange Commission's claim that it ran a $100 million fraud is based on "cherry-picked" statements taken out of context and "ignores" the firm's warnings to investors within its own disclosures with the agency.
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August 28, 2025
Justices Asked To Limit Private Investment Fund Suits
A group of investment funds seeking to fend off a challenge from an activist investor are urging the U.S. Supreme Court to issue a ruling in the case that would end the ability of private parties to file contractual disputes under the Investment Company Act.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Traditional Venue Theories May Not Encompass Crypto Fraud
A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.