Asset Management

  • May 13, 2021

    Paper Source Gets OK For $92M Ch. 11 Sale To B&N Owner

    Artisanal stationery retailer Paper Source Inc. on Thursday won approval from a Virginia bankruptcy judge to sell its entire business for nearly $92 million to the owner of the Barnes & Noble bookstore chain.

  • May 13, 2021

    Grayscale Pushes To Register $630M Crypto Fund With SEC

    Digital asset manager Grayscale said Thursday it has filed to register a $630 million investment fund focused on top cryptocurrencies with the U.S. Securities and Exchange Commission.

  • May 13, 2021

    Kirkland, Ellenoff Guide Biotech SPAC's $200M IPO

    A blank-check company seeking to combine with a health care business that has the capacity to develop new drug therapies and technologies told regulators Thursday it plans to raise $200 million in an initial public offering guided by Kirkland and Ellenoff Grossman.

  • May 13, 2021

    Life Sciences Real Estate Boom May Outlast Logistics Rush

    While the rapid growth of e-commerce has generated much buzz around a robust logistics property market as retailers gobble up distribution space, life sciences real estate is also booming, and experts say the sector has the potential to outlast logistics and remain attractive for some time. Here are three things to watch amid the life sciences boom.

  • May 13, 2021

    Deals Rumor Mill: Full Truck Alliance, A-Rod, Vice Media

    China’s Full Truck Alliance could be worth $20 billion after an IPO, Alex Rodriguez and an entrepreneur might pay $1.5 billion for two Minnesota basketball teams, and a proposed SPAC merger could value Vice Media at about $3 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • May 13, 2021

    Cumulus Says Worker's Separation Pact Blocks ERISA Suit

    Cumulus Media urged a Georgia federal judge to deal the final blow to a proposed class action accusing it of mismanaging employees' retirement plan, saying the sole remaining named plaintiff had signed an "unambiguous" separation agreement that blocked him from suing.

  • May 12, 2021

    SEC Fines Broker $1.5M For Failure To Report Cybercrimes

    A broker-dealer of Empower Retirement must pay $1.5 million to the U.S. Securities and Exchange Commission for failing to file hundreds of suspicious-activity reports despite knowing that bad actors were hacking, or attempting to hack, customer accounts, the agency announced Wednesday.

  • May 12, 2021

    Bankrupt NHL Player's Creditors Say He Can Pay His Debts

    A creditor of San Jose Sharks forward Evander Kane is appealing a California bankruptcy judge's denial of its motion to convert Kane's Chapter 7 bankruptcy to a Chapter 11 while another is pressing to dismiss the case entirely, arguing he has the income to pay his debts.

  • May 12, 2021

    Yahoo Sale Spurs New Patent Holder Bid For $749M Reserve

    A patent holder that lost a bid this month to force former Yahoo owner Altaba to establish a $749 million infringement reserve asked the Delaware Chancery Court on Tuesday to reconsider in light of Verizon's recently revealed plans to sell Yahoo to Apollo Global Management.

  • May 12, 2021

    Figure Gets Nod For Blockchain-Based Securities Trading

    Figure Securities said Wednesday it had received regulatory approval for broker-dealer status and registered a blockchain-based trading system for digital securities.

  • May 12, 2021

    Dyal Tells Del. Justices Sixth Street Seeks A 'Lowball Buyback'

    An attorney for Dyal Capital Partners told Delaware's Supreme Court Wednesday that Sixth Street Partners was maneuvering for a "lowball buyback" when it launched a failed fast-track Chancery Court bid to block a $12.5 billion Dyal-Owl Rock Capital Corp. merger earlier this year.

  • May 12, 2021

    2 Charged For Roles In $650M Weed, Cattle Ponzi Scheme

    An indictment unsealed Tuesday in Colorado federal court charged an Illinois woman and a Georgia man over their roles in a Ponzi scheme involving cannabis and cattle that raised around $650 million from investors nationwide, the U.S. Department of Justice said Wednesday.

  • May 12, 2021

    PureCycle Allegedly Misled Investors Ahead Of SPAC Tie-Up

    A proposed class of investors is accusing Florida plastic recycling company PureCycle of misleading them about its technology and financial projections, as well as its access to raw materials, as it went public through a merger with a blank-check company earlier this year.

  • May 12, 2021

    Del. Justices Warned Of 'Frankenstein' Risk In Appraisal Fight

    An attorney for stockholders fighting a Delaware Chancery Court finding that they signed away rights to a post-merger stock appraisal before an allegedly lowball sale told Delaware's Supreme Court on Wednesday that failure to reverse the decision could lead to the creation of "Frankenstein corporations."

  • May 12, 2021

    Wells Fargo Can't Escape ERISA Self-Dealing Suit

    Wells Fargo must face a proposed class action accusing it of wrongly including proprietary investment options in its employee 401(k) plan and engaging in prohibited party-in-interest and self-dealing transactions, a Minnesota federal judge ruled Wednesday.

  • May 12, 2021

    Citi Denied $500M Freeze Extension In Revlon Transfer Fight

    A New York federal judge ruled Wednesday that a group of Revlon lenders that were accidentally wired more than $500 million by Citibank NA last summer should be able to have access to that money while the bank takes its clawback effort to the Second Circuit, though he won't be unfreezing the funds just yet.

  • May 12, 2021

    Father-Son Investment Duo Can't Duck SEC's Fraud Claims

    A California federal judge on Tuesday refused to dismiss U.S. Securities and Exchange Commission claims that a dad impersonated his son in order to give professional financial advice to clients when he was unable to access brokerage platforms himself.

  • May 12, 2021

    Real Estate Rumors: Homestead, Buccini/Pollin, Monarch

    Homestead, Florida, may more than double the allowable density at a residential site, The Buccini/Pollin Group has reportedly landed $50.7 million in HUD financing for a Delaware mixed-use property, and Monarch Alternative Capital is said to have paid $300 million for a 90% stake in a Miami office tower.

  • May 12, 2021

    High Court's Pension Ruling Is Sinking Health Plan Suits

    Employer attempts to use a 2020 U.S. Supreme Court ruling that limited litigation over pensions to also knock out 401(k) class actions have largely fallen flat, yet they are starting to see success in an unexpected context: suits over health plan management.

  • May 11, 2021

    Senate Backs Repeal Of 'True Lender' Rule

    The U.S. Senate passed a Democratic-backed measure Tuesday to nullify the Office of the Comptroller of the Currency's "true lender" rule, delivering a win for consumer advocates in their campaign against the Trump-era regulation on bank lending partnerships.

  • May 11, 2021

    SEC Brought 75 Crypto-Related Actions In 7.5 Years

    The U.S. Securities and Exchange Commission became one of the "main regulators" policing cryptocurrency by bringing 75 enforcement actions tied to digital assets during the market's rise to prominence, according to a report released Tuesday.

  • May 11, 2021

    FDIC Wants Crypto Info From Banks Amid Global Digital Push

    The head of the Federal Deposit Insurance Corp. said Tuesday that the agency will issue a request for information on banks' progress in the digital assets space, part of a speech that called for fintech innovation while warning that the U.S. could be left behind as countries like China develop their own centralized digital currencies.

  • May 11, 2021

    Wash. U. Says 27,000-Worker ERISA Class Is Too Big For Cert.

    Washington University in St. Louis urged a Missouri federal judge Tuesday not to certify a class of 27,000 current and former workers in a suit accusing the school of mismanaging their retirement savings, saying the scope of the proposed group is too expansive.

  • May 11, 2021

    Block.one Preps New Crypto Exchange With $10B Backing

    Blockchain software company Block.one said Tuesday it has raised over $10 billion in cash and digital assets to launch a new cryptocurrency exchange.

  • May 11, 2021

    Fundrise Buys 3 Multifamily Properties For More Than $200M

    Online real estate investment platform Fundrise has purchased three multifamily properties from Waypoint Residential for more than $200 million, according to an announcement on Tuesday from real estate investment trust Waypoint.

Expert Analysis

  • Assessing SPAC Risk After SEC Pumps Brakes On Market

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    The current lull in special purpose acquisition company activity following the U.S. Securities and Exchange Commission's recent risk advisories offers SPAC parties an opportunity to ramp up due diligence on targets and to evaluate prior accounting of warrants to ensure regulatory compliance, say Julie Copeland and Ellen Graper at StoneTurn.

  • Virus-Related Chancery Rulings Show High Bar For M&A Exits

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    Two recent Delaware Chancery Court decisions concerning attempts to cancel acquisitions amid COVID-19 show the importance of deal language in the pandemic era, particularly where material adverse effect and ordinary course covenants are concerned, say attorneys at Fried Frank.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Outsourcing Proxy Voting Is Still A Concern After SEC Rule

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    Although robo-voting has modestly declined since the U.S. Securities and Exchange Commission finalized its proxy voting rule last summer, the SEC should ensure asset managers don’t wholly outsource their voting responsibilities to proxy advisers, and should consider disabling the practice outright, says Tim Doyle at Guidepost Strategies.

  • Eaton Vance Fund Ruling Shows Perils Of Defensive Bylaws

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    In light of a Massachusetts court's recent ruling in Eaton Vance Senior Income Trust v. Saba Capital Master Fund, reaffirming fund shareholders' voting rights, trustees and advisers should proceed cautiously when implementing bylaws that make it harder for shareholders to exercise those rights, says Aaron Morris at Barr Law.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

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    New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • How Justices' AMG Ruling Affects Privacy And Cybersecurity

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    The U.S. Supreme Court's recent ruling in AMG Capital Management v. Federal Trade Commission removes the regulator's ability to seek monetary damages that discouraged privacy and cybersecurity breaches, and as a result, companies should reassess their exposure in these areas, say attorneys at Orrick.

  • Archegos Fallout Is A Wake-Up Call For Banks

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    Billions in bank losses related to the recent collapse of Archegos Capital Management point to bank risk management and compliance deficiencies, and highlight several steps brokerages should take to avoid exposure next time a family office customer blows up, say consultants at StoneTurn.

  • High Court Blow To FTC Restitution Could Be Temporary

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    The U.S. Supreme Court's recent decision to roll back the Federal Trade Commission's power to seek monetary relief in AMG Capital will likely be met with legislative action to restore the agency's authority, or efforts to obtain restitution in other ways, say Bruce Hoffman and Nico Banks at Cleary.

  • Opinion

    Justices Should Clarify Securities Fraud Loss Causation

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    At its May conference, the U.S. Supreme Court should agree to review BofI Securities Litigation, to clear up a circuit split on how to assess loss causation in securities fraud cases, as shareholder class actions increasingly focus on external events that led to a stock drop, says Lyle Roberts at Shearman & Sterling.

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