Asset Management

  • July 03, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    LendingClub Investors Push Chancery To Keep Claims Alive

    An attorney for a stockholder who sued online lender LendingClub Corp. for allegedly misleading investors about a federal investigation said they have dropped an insider trading claim during Chancery Court dismissal arguments Thursday, but urged the court to keep alive unjust enrichment and related claims. 

  • July 02, 2020

    CareerBuilder Beats 401(k) Fee Suit After Northwestern Does

    An Illinois federal judge has tossed a proposed ERISA class action against CareerBuilder LLC, rejecting allegations of excessive 401(k) plan fees by citing Northwestern University's recent defeat of similar claims in the Seventh Circuit.

  • July 02, 2020

    NY Judge Axes Standard Chartered FCA Suit At Feds' Request

    A New York federal judge has dismissed a whistleblower suit accusing Standard Chartered Bank of lying to U.S. authorities to shave billions of dollars from what it allegedly should have paid for violations of Iran sanctions, granting a government request that he said he had "no difficulty" deeming well-founded.

  • July 02, 2020

    Platinum Receiver Settles With Insurers For $14M

    The receiver for defunct hedge fund Platinum Partners agreed to pay around $14 million to settle with insurers that say Platinum owed them more than $44 million, a move the receiver said eliminated one of the biggest obstacles to investors finally recouping some of their losses.

  • July 02, 2020

    2020's Biggest Benefits Regulations: Midyear Report

    The U.S. Department of Labor's employee benefits arm removed barriers to profit for asset managers, investment advisers and the private equity industry, while attempting to limit ethical investments in 401(k) and pension plans. Here, Law360 recaps the three biggest DOL benefits policies of 2020 so far, which all arrived in June.

  • July 02, 2020

    9th Circ. Affirms Ruling On FCC Licensing Scheme

    The Ninth Circuit has mostly affirmed a ruling ordering several companies to pay the U.S. Securities and Exchange Commission more than $14 million after the agency accused them of participating in a fraud scheme involving Federal Communications Commission cellular spectrum licenses.

  • July 02, 2020

    American Airlines Beats Class Bid In 401(k) Management Suit

    Two former American Airlines workers lost their bid to certify a 20,000-member class in their suit alleging their retirement plan was mismanaged, after a Texas federal judge said certification wasn't necessary since they are suing on behalf of the whole plan.

  • July 02, 2020

    Real Estate Rumors: JP Morgan, Hollywood, Fla., Elion

    A J.P. Morgan venture has reportedly landed $120 million in financing for a Philadelphia mixed-use project, the city of Hollywood, Florida, is reportedly looking for a development partner for a beachfront project, and Elion Partners is said to have paid $7.2 million for a Florida warehouse.

  • July 02, 2020

    Butler Snow Says Timber Scam Contract Favors Arbitration

    The key to determining the correct forum for a case that accuses Butler Snow LLP and its business development subsidiary of helping a now-imprisoned client pull off a massive Ponzi scheme is what the contract doesn't include, the law firm told a Fifth Circuit panel Thursday.

  • July 02, 2020

    Fidelity Settles Workers' 401(k) Plan Suit For $28.5M

    Fidelity has struck a $28.5 million deal with current and former employees to settle a class action claiming the investment firm put profits ahead of their retirement savings by harvesting "excessive" fees from a limited lineup of Fidelity-affiliated funds in its 401(k) plan. 

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    Deals Rumor Mill: Uber, JBIC, XingSheng

    Uber hopes to pay $2.6 billion for Postmates, a group of Japanese entities is investing $14.4 billion in a gas project in Mozambique, and a new funding round will value Chinese groceries delivery app XingSheng at $3 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • July 02, 2020

    Angelo Gordon Raises $1.5B For European RE Fund

    New York-based investment firm Angelo Gordon & Co. LP said Thursday that its latest real estate fund raised $1.5 billion that will be used to target all types of property in the U.K., the Nordic countries and Western Europe.

  • July 02, 2020

    Ex-Pimco CEO Won't Get New 'Varsity Blues' Sentencing

    A federal judge won't reconsider the former CEO of Pacific Investment Management Co.'s nine-month prison term in the "Varsity Blues" college admissions case, ruling Thursday that he failed to show the government withheld evidence suggesting he's innocent.

  • July 02, 2020

    More Than A Dozen Firms Aided Largest Q2 Real Estate Deals

    White & Case and Hogan Lovells were among more than a dozen firms that helped with the 10 largest real estate mergers and acquisitions deals of the second quarter, five of which were north of the $1 billion mark.

  • July 02, 2020

    Epstein Ex Ghislaine Maxwell Charged With Sex Crimes

    British socialite Ghislaine Maxwell has been charged with conspiring with deceased financier Jeffrey Epstein to entice minors to travel to engage in illegal sex acts, according to an indictment made public Thursday by the Manhattan U.S. attorney's office.

  • July 01, 2020

    CFPB Slates Debt Collection, Mortgage Data Rules For Fall

    The Consumer Financial Protection Bureau said Tuesday that it expects to finalize first-of-their-kind debt collection regulations and propose changes to mortgage data reporting requirements this fall, previewing plans that would buck calls for a rulemaking moratorium during the coronavirus pandemic.

  • July 01, 2020

    DOJ Seeks Warhol, Monet Artwork In $96M 1MDB Clawback

    The U.S. Department of Justice on Wednesday filed civil forfeiture complaints seeking about $96 million in assets allegedly related to money laundering by a Malaysian state-owned investment fund, including artwork by Claude Monet, Jean-Michel Basquiat and Andy Warhol.

  • July 01, 2020

    SEC Says Broker Can't Attack Its Investigation In Bribe Trial

    The U.S. Securities and Exchange Commission asked a Manhattan federal court to keep an analyst's upcoming bribery trial limited to his alleged cover-up of an $11,000 ski trip, saying the court should block an anticipated defense centered on the SEC's investigation and the misdeeds of co-conspirators.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    Judge May Allow Suit Over 'Troubling' McClatchy Debt Rework

    The New York bankruptcy judge overseeing newspaper chain McClatchy Co.'s bankruptcy said he would decide by the end of the week whether to give unsecured creditors permission to sue over what he called "troubling" aspects of a 2018 debt restructuring.

  • July 01, 2020

    Investors Say Fund Cost Them $52M By Inflating Assets

    Investors in a Wisconsin-based fund focused primarily on gems and minerals are claiming in Illinois state court that they lost $52 million when fund operators and owners inflated the value of its assets and charged millions in fees.

  • July 01, 2020

    11th Circ. Says Citigroup Cash-Advance Suit Belongs In US

    The Eleventh Circuit in a published opinion Wednesday reversed a Florida federal judge's decision to dismiss a cash-advance fraud suit against Citigroup based on the finding it belonged in Mexico, remanding the case back to the Sunshine State and saying the wrongdoings involved "reverberated in the United States."

  • July 01, 2020

    Adviser To Pay $2M To Settle SEC Suit Over Risky Investing

    A Connecticut-based investment adviser will pay $2 million in disgorgement and civil fines for allegedly investing $19 million in investor money while "grossly understating" inherent risks and failing to conduct even basic due diligence on questionable companies, according to a statement Wednesday from the U.S. Securities and Exchange Commission and its original complaint. 

Expert Analysis

  • Captive Insurance May Help In A Pandemic, But Caution Is Key

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    Although captive insurance can help address some of the traditional coverage gaps exposed by the current COVID-19 crisis, three Tax Court cases from recent years illustrate the Internal Revenue Service's hostility toward the entities, says Patrick McCann at Chamberlain Hrdlicka.

  • SEC's Insider Info Case Shows Perils Of Portfolio Co. Trading

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    The U.S. Securities and Exchange Commission's recently settled enforcement action against Ares Management demonstrates that private fund managers with potential insider info should systematically investigate trading approvals in situations that present a heightened risk of access to material nonpublic information, say attorneys at Debevoise.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • SEC Staff Statement Clears Way For Closed-End Funds

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    While not binding on the U.S. Securities and Exchange Commission or any court, the SEC staff's recent reversal on control share statutes returns essential tools to closed-end fund boards in certain states and may be instrumental in revitalizing the closed-end fund industry for long-term investors and fund sponsors alike, say attorneys at Skadden.

  • Time To Comply With SEC Regulation Best Interest, Form CRS

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    The compliance date has arrived for two rules adopted by the U.S. Securities and Exchange Commission last year — Regulation Best Interest and the Form CRS Relationship Summary — and there are many regulatory developments and legal questions that in-house counsel and compliance professionals should consider, say attorneys at Eversheds Sutherland.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Cert. Denial In Televisa May Embroil 3rd-Party Asset Managers

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    A New York federal court's recent refusal to grant class certification to investors in Grupo Televisa in a FIFA scandal stock-drop case may lead to additional discovery burdens for asset managers performing third-party management services for pooled investment vehicles, say attorneys at Ropes & Gray.

  • A Legal Guide To What Happens Next In US Atty Berman Saga

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    Although the next moves following the dramatic ouster of Geoffrey Berman as U.S. attorney for the Southern District of New York, and the status of Audrey Strauss as acting U.S. attorney, are largely circumscribed by the Federal Vacancies Reform Act, open questions remain, says Daniel Levy at McKool Smith.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • High Court's SEC Enforcement Ruling Has Tax Consequences

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    In light of the U.S. Supreme Court's recent decision in Liu v. Securities and Exchange Commission, taxpayers whose pre-Tax Cuts and Jobs Act disgorgement deductions were rejected should consider contesting the Internal Revenue Service's determination, say attorneys at Chamberlain Hrdlicka.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • What Hong Kong Policy Shift Means For US Finance Cos.

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    Now that the U.S. no longer considers Hong Kong autonomous from China, stateside financial services companies should monitor public company audit reporting, non-U.S. futures and swaps trading, and international capital reporting, say Matthew Kluchenek and Matthew Bisanz at Mayer Brown.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Madoff Recovery's Next Steps After Justices' Petition Pass

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    The U.S. Supreme Court’s recent refusal to review a Second Circuit decision allowing recovery of funds Bernie Madoff transferred outside the U.S. leaves open the question of whether the clawback initiative’s claims will survive given the strict pleading and proof standards that have evolved over the last 12 years of litigation, say attorneys at Quarles & Brady.

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