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Securities
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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.
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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.
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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.
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June 26, 2025
Chemours Loses Bid To Keep Disclosures Suit Details Sealed
Citing failure to specify harm from disclosure, a Delaware vice chancellor has denied Chemours Inc.'s request to keep confidential details about its internal document controls in a redacted derivative suit seeking damages arising from an alleged $575 million manipulation of company reports over two years.
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June 26, 2025
EQT Investors Ink $167.5M Deal In Rice Energy Merger Suit
EQT Corp. has agreed to pay $167.5 million to investors who claimed the company overstated the benefits of its $6.7 billion merger with Rice Energy, according to a motion filed Thursday seeking preliminary approval of what the investors called the largest-ever stockholder suit deal lodged in Western Pennsylvania federal court.Â
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June 25, 2025
Fed Rolls Out Plan To Relax Leverage Rule For Biggest Banks
The Federal Reserve on Wednesday kicked off an effort to ease a key leverage requirement for the biggest U.S. banks, advancing a highly anticipated proposal that officials said could free up bank balance-sheet capacity to bolster the U.S. Treasury market.Â
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June 25, 2025
Coinme Fined $300K In Landmark Calif. Enforcement Action
Crypto kiosk operator Coinme Inc. has agreed to pay a $300,000 fine to resolve findings that it violated California's kiosk transaction limits and failed to include certain disclosures on receipts, the California Department of Financial Protection and Innovation announced Wednesday.
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June 25, 2025
11th Circ. Backs Conviction In Bank Reporting Evasion Case
The Eleventh Circuit on Wednesday upheld the conviction of a man accused of trying to prevent regulators from learning about his large withdrawals from Wells Fargo accounts, rejecting his claims that prosecutors charged him with one offense but tried him for another.
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June 25, 2025
SEC Says Banned Investment Adviser Ran Crypto Fund Fraud
A San Diego man and his dissolved company face U.S. Securities and Exchange Commission allegations that they improperly raised $413,000 from at least 11 investors on the strength of promises they'd put the money into a pooled investment vehicle for crypto assets.
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June 25, 2025
SEC Wins Jury Verdict In $10M Blood Bank Fraud Suit
A California federal jury has found the former CEO of a blood bank business liable for securities fraud, agreeing with the U.S. Securities and Exchange Commission that the executive defrauded retirees out of more than $10 million by promising them returns he knew he could not deliver.
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June 25, 2025
Class Certified In Suit Over Oil Market's Historic Price Crash
A Chicago federal judge has certified a class of futures traders who claim Vega Capital London Ltd. and 12 of its traders caused a historic oil crash with an aggressive price manipulation scheme that resulted in oil futures going negative for the first time, saying the plaintiffs have met all the requirements for certification.
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June 25, 2025
PetroSaudi Slams Liquidators' Bid To Pause $380M Award Suit
A PetroSaudi unit pursuing enforcement of a $380 million arbitral award has asked a California federal judge to deny a request by the company's liquidators to pause a federal government suit targeting the award over its alleged connection to funds embezzled from Malaysia.
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June 25, 2025
SEC Grants Brokers More Time On Customer-Protection Rule
The U.S. Securities and Exchange Commission agreed Wednesday to extend until late June 2026 the time broker-dealers have to comply with recent amendments to a regulation protecting customers, saying that firms need more time to upgrade their operations.
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June 25, 2025
Citi Accused Of Complicity In $20M NFT 'Pig Butchering' Scam
Citibank NA has been hit with a lawsuit in New York federal court by a Texas man accusing it of ignoring red flags that allowed scammers to use accounts at the bank to siphon nearly $4 million from his family trusts after he fell for a social media romance scam involving non-fungible tokens.
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June 25, 2025
Investor Wins $2.25M In Cannabis Shareholder Dispute
The manager of a medical marijuana collective must fork over $2 million and a 50% stake in the entity to an investor, a Los Angeles state court judge ruled, hitting the defendant, previously accused of recklessly spending the dispensary money and found liable for fraud, with another judgment.
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June 25, 2025
Adviser's $300M Ponzi Dismissal Bid 'Specious,' Investor Says
An investor who was roped into what the federal government has called a $300 million Ponzi scheme asked a Georgia federal judge Wednesday to keep their suit alive, arguing they shouldn't be subject to heightened pleading standards for a fraud claim they never made against a Peach State financial adviser.
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June 25, 2025
The 5 Big Enforcement Trends White Collar Attys Must Know
The Trump administration has made clear its intent to prioritize U.S. interests, eliminate transnational cartels and cut government fraud, waste and abuse — but questions remain about the administration’s approach to foreign bribery, crypto, public corruption, self-disclosure and clemency as we head into the second half of the year.
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June 25, 2025
SwervePay, Buyers Duel In Del. Over Payment Tech Fraud Suit
Dueling fraud claims have gone to Delaware's chancellor for judgment, following post-trial arguments in litigation that began with principals of e-payment facilitator SwervePay accusing the company's buyers of overstating — by tens of billions — payment volumes that would generate post-sale earnouts under a proposed 2020 acquisition.
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June 25, 2025
Pa. Wealth Manager Gets 8 Years For Stealing Client Money
A suburban Philadelphia wealth manager was sentenced Wednesday to just over eight years in prison for using nearly $25 million of his clients' money on properties, country club fees and luxury vacations, his counsel said.
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June 25, 2025
Do Kwon Trial Judge Has Eye On Federal Crypto Legislation
Federal legislation that could codify stablecoins as payment-related assets — not securities — has the potential to impact the Manhattan U.S. attorney's $40 billion criminal case against Terraform founder Do Kwon, a federal judge said Wednesday.
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June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Powell Says Leverage Rule Revamp Won't Exclude Treasuries
Federal Reserve Chair Jerome Powell told House lawmakers Tuesday that a forthcoming plan to revamp big-bank leverage limits won't exempt U.S. Treasuries from their calculation, a potential disappointment for financial-sector lobbies that hope to resurrect the pandemic-era carveout.Â
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June 24, 2025
Dollar General Beats Investor Suit Over Short Inventory, Staff
A Tennessee federal judge on Tuesday dismissed a proposed securities class action accusing Dollar General and its executives of hiding inventory and staffing issues, saying the plaintiffs have failed to show that the defendants acted with an intent to deceive.
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June 24, 2025
Black Accounting Group Sues Over $2.1M Cyber Heist
A nonprofit membership association for Black accountants has filed suit against an Arizona corporation, White Investments LLC, alleging the entity was used by fraudsters in a scheme to steal $2.14 million from the association.
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June 24, 2025
Health Data Co. Must Face Revised Investor Fraud Suit
A Connecticut federal judge won't toss an amended class action claiming a healthcare technology company misled investors about a data platform it claimed to operate that didn't actually exist, ruling that statements about the platform's capabilities are not inactionable, forward-looking statements.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
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.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
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.
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NY Tax Talk: Sourcing, Retroactivity, Information Services
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.
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DOJ Memo Maps Out A Lighter Touch For Digital Assets
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.
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SEC Update May Ease Accredited Investor Status Verification
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.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
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.
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FDIC Unlocks A Door To Banks' Potential Crypto Future
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.
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Del. Dispatch: Open Issues After Corp. Law Amendments
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.
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Series
Playing Football Made Me A Better Lawyer
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.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
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.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
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.
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The SEC's Administrative Law Courts Are At A Crossroads
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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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.