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Asset Management
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September 30, 2025
New Petition Asks SEC To Nix Quarterly Reporting Rule
The U.S. Securities and Exchange Commission on Tuesday received a formal petition to allow companies to report their earnings on a semiannual basis, following recent comments from Chairman Paul Atkins indicating the commission was considering as much and after similar suggestions from President Donald Trump.
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September 30, 2025
US Oil Fund Beats Investor Suit Over COVID-Era Disclosures
A New York federal judge tossed a proposed class action accusing United States Oil Fund LP and its backers of misleading investors during the 2020 oil crash, finding it does not plead actionable misstatements or omissions about pandemic-related risks the exchange-traded fund faced, or knowledge of wrongdoing by the defendants.
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September 30, 2025
Credit Suisse Aided Looting Of Tech Exec's Stock, Suit Says
The co-founder of sensing-tech company Aeva Technologies says Credit Suisse provided "institutional cover" to conspirators who stole tens of millions of dollars in Aeva shares from him in what he described as a "calculated, multi-year orchestrated racketeering scheme," according to a suit filed Tuesday in New York federal court.
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September 30, 2025
Judge Casts Doubt On RICO Claim Against Real Estate Mogul
A federal judge on Tuesday said he was inclined to grant real estate mogul Tony Azar and his associates a pretrial win on an investor's racketeering claim, but he was reluctant to agree with their argument that the rest of the allegations are time-barred.
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September 30, 2025
Money Damages Off Table In American Airlines ESG Battle
A Texas federal judge on Tuesday rejected American Airlines workers' bid for money damages in a class action alleging an investing emphasis on environmental, social and governance factors in their employee retirement plan violated federal benefits law, finding insufficient evidence that American's loyalty breach caused plan losses.
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September 30, 2025
FinCEN Seeks Feedback On Financial Compliance Burden
The U.S. Treasury Department's enforcement arm requested feedback Tuesday on the compliance burden for financial institutions responding to the agency's information requests "as part of its continuing efforts to reduce paperwork and respondent burden."
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September 30, 2025
SEC Beats Law Prof's Suit To Protect NFTs That 'Troll' Agency
A Louisiana federal judge Tuesday permanently tossed a pre-enforcement challenge targeting the U.S. Securities and Exchange Commission's treatment of nonfungible tokens from a law professor and a musician who were seeking to protect projects that "troll" the SEC.
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September 30, 2025
Bain Capital-Backed SPAC Leads 3 Offerings Totaling $670M
Three special purpose acquisition companies hit the public markets Tuesday after raising a combined $670 million in their initial public offerings, joining a surge in SPAC listings recently.
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September 30, 2025
Fiat Chrysler Can't Exit Workers' 401(k) Mismanagement Suit
A Michigan federal judge rejected Fiat Chrysler's bid to toss a proposed class action alleging mismanagement of two employee 401(k) plans, ruling Tuesday that current and former employees had sufficiently backed up allegations that underperforming fund offerings breached fiduciary duties under federal benefits law.
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September 30, 2025
Altria Loses Out On $38M Refund On Foreign Subsidiaries
Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.
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September 30, 2025
Sidley-Led Gemspring Wraps $1.1B Growth Solutions Fund
Sidley Austin LLP-advised Gemspring Capital Management LLC on Tuesday revealed that it clinched its second growth solutions fund after securing $1.1 billion in capital commitments.
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September 30, 2025
AI Chipmaker's Valuation Soars To $8.1B After Funding Round
Artificial intelligence infrastructure maker Cerebras Systems, advised by Latham & Watkins LLP, announced on Tuesday that it wrapped an oversubscribed Series G funding round after securing $1.1 billion of commitments, boosting the Sunnyvale, California-headquartered company's post-money valuation to $8.1 billion.
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September 29, 2025
Feds Charge Prophecy Hedge Fund CEO With $294M Fraud
The former CEO of collapsed investment adviser Prophecy Asset Management LP was arraigned Monday on federal fraud charges over his alleged involvement in a $294 million hedge fund wipeout that his former business partner previously pled guilty to.
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September 29, 2025
FinCEN Seeks Input On Nonbanks' Cost To Detect Laundering
The U.S. Treasury Department's enforcement arm on Monday called for public feedback on the costs that insurance companies, credit card operators and other nonbank financial institutions incur in complying with measures to combat money laundering and terrorism financing, signaling a possible loosening of rules.
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September 29, 2025
Boeing Using Rejected Args In 737 Max Fraud Suit, Fund Says
An investment fund has told an Illinois federal judge that Boeing cannot escape a lawsuit alleging it misrepresented the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019, saying it has pinpointed specific misstatements that judges in similar cases have already deemed actionable.
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September 29, 2025
Cayman Liquidators Lack Standing On All Claims In SVB Case
A New York bankruptcy judge Monday found the liquidators of Silicon Valley Bank's Cayman Islands branch lacked standing in their bid to bring some $944 million in claims, ruling that the officials failed to timely file adversary complaints and proofs of claim in the case.
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September 29, 2025
Chancery Urged To Keep Alive Ukrainian Oligarch Suit
An attorney for an investor seeking to recover $58.5 million allegedly lost to individuals and entities entangled in decades-old fraud-related allegations involving two Ukrainian oligarchs and others urged a Delaware vice chancellor Monday to reject claims that time ran out for the case years ago.
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September 29, 2025
Refrigeration Co. Shuts Down Employee Stock Valuation Suit
A North Carolina industrial refrigeration company defeated a lawsuit claiming family operators undervalued the company to the detriment of employee stock ownership plan participants, with a federal judge ruling Monday that a former executive filed suit too long after he discovered the alleged mismanagement.
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September 29, 2025
Diamond Mogul's Daughter Escapes Tax Claims In $41M Deal
The U.S. government agreed to stop pursuing the adult daughter of a diamond mogul to recover millions in tax liabilities from his estate after reaching an agreement in which the government will receive an additional payment of $41 million, according to a New York federal court order Monday.
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September 29, 2025
Sidley, Hogan Lovells Guide Ares' $1B Meade Pipeline Buy
Sidley Austin LLP-advised Ares Management Corp. said Monday that it has acquired Hogan Lovells-led Meade Pipeline Co. from XPLR Infrastructure LP, an affiliate of NextEra Energy, for about $1.1 billion.
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September 29, 2025
PE-Backed Alliance Laundry Launches Plans For $700M IPO
Laundry systems giant Alliance Laundry Holdings on Monday filed plans for an estimated $700 million initial public offering, a move that comes as companies have been increasingly eager to tap the public markets.
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September 29, 2025
Va. Immigration Firm Accuses Ex-CFO Of Diverting Funds
A Virginia-based immigration law firm accused its former chief financial officer Monday of exploiting her access to firm finances by rerouting funds to businesses she controls and charging the firm for Uber rides, Amazon Prime and hotels.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
Avenue Capital Clinches $1B Sports-Focused PE Fund
New York-headquartered private equity shop Avenue Capital Group announced Monday that it wrapped its Avenue Sports Fund after securing more than $1 billion of capital commitments.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
Expert Analysis
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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SEC Proposal Could Hurt Foreign Issuers' US Market Access
The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.