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Asset Management

  • January 16, 2019

    Puerto Rico Creditors Press For Sales Tax Plan Approval

    Major stakeholders engulfed in Puerto Rico's bankruptcy-like proceedings urged a federal judge on Wednesday to approve a watershed settlement designed to restructure nearly $18 billion in debt carried by the Puerto Rico Sales Tax Corp., or COFINA, saying it is the best way to avert years of protracted litigation.

  • January 16, 2019

    SEC's Response To Breach Scare Clarifies Wider Approach

    The 43-page complaint the U.S. Securities and Exchange Commission filed Tuesday detailing an alleged scheme to illegally access its electronic filing system for profit underscores the agency's commitment to cybersecurity while lending some context to its relatively forgiving approach, attorneys say.

  • January 16, 2019

    Platinum Judge Sees No Misconduct, But Raps Gov't 'Candor'

    A Brooklyn federal judge on Wednesday rejected the latest request from several Platinum Partners LLP executives to dismiss a criminal fraud case against them, saying there wasn't enough proof to support the idea that prosecutors hid evidence or fabricated threats to witnesses.

  • January 16, 2019

    Real Estate Rumors: SME, JP Morgan Asset Management, IDS

    SME Capital Ventures is reportedly nearing a deal to buy a New York apartment building for $22 million, a venture of JP Morgan Asset Management could get more than $90 million with the sale of a Chicago apartment tower and an IDS Real Estate venture is seeking $280 million for a new Los Angeles-area office property.

  • January 16, 2019

    Morningstar, Prudential Beat RICO Suit Over Robo-Adviser

    Morningstar Investment Management LLC and two Prudential Financial Inc. retirement-focused subsidiaries won’t have to face allegations that they illegally colluded to profit from a robo-adviser program after an Illinois federal judge ruled Wednesday that the plan participant leading the suit failed to show they violated the Racketeer Influenced and Corrupt Organizations Act.

  • January 16, 2019

    FHFA Won't Defend Leadership Structure Before Full 5th Circ.

    The Federal Housing Finance Agency has told the full Fifth Circuit that it won't defend the constitutionality of the for-cause removal protection enjoyed by directors of the agency, a move that comes about a week before the court will sit for en banc rehearing in the case.

  • January 16, 2019

    MetLife Beats Suit Over Interest On $500M In Late Benefits

    A New York federal judge on Tuesday tossed a proposed class action accusing MetLife Inc. and Metropolitan Life Insurance Co. of pocketing the interest on $500 million in overdue retirement benefits, saying the proposed class of retirees improperly repackaged a contract dispute as an unjust enrichment claim.

  • January 16, 2019

    Justices Told ERISA Arbitral Suit Has 'Surpassing Importance'

    The University of Southern California told the U.S. Supreme Court that the court should review the Ninth Circuit’s finding that its employees couldn’t be compelled to arbitrate their Employee Retirement Income Security Act claims, arguing that the workers wrongly characterized the decision as a “mundane interpretation of contractual language.”

  • January 16, 2019

    Becker & Poliakoff Launches Opportunity Zone Practice

    Becker & Poliakoff PA has launched a multidisciplinary opportunity zone practice to help clients navigate investing in the new low-income zones established by the 2017 tax reform law, the firm announced.

  • January 16, 2019

    Fried Frank Adds REIT Head, Tax Atty From Hogan Lovells

    Fried Frank Harris Shriver & Jacobson LLP has brought on two real estate investment trust lawyers from Hogan Lovells, appointing one as the new head of its REIT practice while the other joins the firm's tax practice in Washington, D.C.

  • January 16, 2019

    Yale Workers Seek Class Cert. In ERISA Retirement Row

    A group of participants in Yale University's employee retirement plan asked a Connecticut federal judge for class certification in their Employee Retirement Income Security Act suit accusing the Ivy League school of costing workers millions of dollars by funneling their retirement funds into bad investments.

  • January 15, 2019

    Weston Capital Founder Dodges Prison Over Investor Fraud

    A Manhattan federal judge on Tuesday spared the founder of hedge fund manager Weston Capital Asset Management from prison over his role in a multimillion-dollar investment fraud scheme after the government cited his crucial cooperation in prosecutions that brought down film producer David Bergstein and serial fraudster Jason Galanis.

  • January 15, 2019

    €128M Award Against Spain Can Be Enforced, Court Hears

    London-based asset manager Eiser Infrastructure Ltd. argued Monday that a D.C. federal court has no authority to independently determine whether Spain consented to arbitrate a dispute over renewable energy subsidies, and, as such, can enforce a €128 million ($146 million) arbitral award against the country.

  • January 15, 2019

    Puerto Rico Fed Board Looks To Invalidate $6B In Bond Debt

    A federally-appointed board tasked with overseeing Puerto Rico’s monumental debt restructuring joined with the island’s unsecured creditors Monday to demand that $6 billion in general obligation bond debt be wiped out, arguing the bonds violated provisions in the Puerto Rican Constitution when they were issued a few years ago.

  • January 15, 2019

    Deals Rumor Mill: Nexi Group, Arconic, Katerra

    Nexi Group’s owners have reportedly tapped Evercore to counsel the company on potential plans to go public, Apollo Global Management is getting close to dropping more than $10 billion to buy Arconic, and SoftBank’s Vision Fund is expected to helm a $700 million funding round for Katerra.

  • January 15, 2019

    Ukrainians Charged With 2016 Hack Of SEC Filings

    A Ukrainian hacker was charged Tuesday with infiltrating the U.S. Securities and Exchange Commission’s Edgar electronic filing system during 2016 as part of a scheme to access material, nonpublic documents that he then shared with traders for profit, U.S. authorities said.

  • January 15, 2019

    McDermott Int'l Sued After Stock Drops 60% Post-Merger

    Houston-based engineering and construction company McDermott International Inc. has been hit with a proposed shareholder class action in Texas federal court alleging its failure to disclose the true cost of acquiring Chicago Bridge and Iron NV resulted in the company's stock price plummeting more than 60 percent.

  • January 15, 2019

    Blank Rome Can Arbitrate Ex-Dickstein Partners' $4M Suit

    A Los Angeles judge told a group of former Dickstein Shapiro LLP partners Tuesday they must arbitrate claims that Blank Rome LLP mischaracterized its hire of more than 100 lawyers from the now-defunct Dickstein as an asset sale, rather than a merger, to avoid paying the former partners $4 million.

  • January 15, 2019

    Group Owes SEC $6.6M In Woodbridge Securities Probe

    Three people and two companies owe the U.S. Securities and Exchange Commission more than $6.6 million after a Florida federal judge on Monday entered judgment against them for allegedly selling unregistered securities of Woodbridge Group of Companies LLC, which collapsed last year after the SEC charged it with running a $1.2 billion Ponzi scheme.

  • January 15, 2019

    Ex-Georgeson Adviser Guilty In Tix-For-Votes Scheme

    A Massachusetts federal jury convicted a former Georgeson LLC adviser on fraud and conspiracy charges Tuesday afternoon, delivering a win for prosecutors who claimed the adviser participated in a scheme to swap sports tickets for confidential shareholder voting data after their first bid to convict her ended in a mistrial.

Expert Analysis

  • Sears’ Biggest Sale (Itself) Offers Valuable Lessons For Retail

    Robert Marticello

    Although a deal announced Wednesday could keep open more than half the department stores that retail dinosaur Sears Roebuck and Company had when it filed for bankruptcy protection last October, Sears remains a cautionary tale for the retail industry, say Robert Marticello and Philip Strok of Smiley Wang-Ekvall LLP.

  • A Closer Look At CFTC's Loss In Market Manipulation Case

    Michael Brooks

    While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • FINRA's Suitability Rule Vs. SEC's 'Best Interest' Reg

    Brian Rubin

    A key 2019 priority for the U.S. Securities and Exchange Commission will be adopting the proposed Regulation Best Interest. Attorneys with Eversheds Sutherland explore the questionable foundation of the Financial Industry Regulatory Authority's claim that it is unnecessary.

  • Worldwide Freezing Orders Can Backfire Without Proper Care

    Nicola McKinney

    Worldwide freezing orders, which preserve a respondent's assets until the outcome of the substantive case, are an important weapon in the arsenal of a commercial litigant. However, as FSDEA v. Dos Santos demonstrates, courts lay heavy obligations upon WFO applicants, says Nicola McKinney of Grosvenor Law Ltd.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 4 Tips For Protecting Privilege When Working With Auditors

    John Carney

    A recent U.S. Securities and Exchange Commission action against Crowe LLP illustrates the pressure on independent auditors to gather enough evidence to defend their audits. However, there is tension between an auditor’s need for information and a company’s need to protect its privileged material, say attorneys with BakerHostetler.