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Asset Management
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October 17, 2025
11th Circ. Ruling Could Unravel Strict ERISA Exhaustion Rule
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
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October 17, 2025
Robbins Geller To Steer REIT Investors' Suit Over $787M Deal
Robbins Geller Rudman & Dowd LLP will lead a proposed class of investors in real estate investment trust Broadmark Realty Capital Inc. who claim they were misled by executives from the REIT ahead of a $787 million merger with Ready Capital Corp. in 2023.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Taxation With Representation: Latham, Kirkland, Wachtell
In this week's Taxation With Representation, the Artificial Intelligence Infrastructure Partnership, MGX, and BlackRock's Global Infrastructure Partners acquire Aligned Data Centers from Macquarie Asset Management and co-investors; Rayonier Inc. and PotlatchDeltic Corp. merge to create a timber and wood products giant; and a Lone Star Funds affiliate acquires industrial processing equipment provider Hillenbrand Inc.
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October 16, 2025
China's Crackdown On Rare Earth Minerals Spooks Importers
In the latest trade salvo between the U.S. and China, stricter Chinese export controls on critical earth minerals that many U.S. manufacturers rely on are causing concern for businesses, which may have difficulty diversifying supply chains for the rare materials.
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October 16, 2025
Wells Fargo, Workers Get More Time For Stock Option Deal
Wells Fargo & Co. and former employees on Thursday were granted an extended deadline for filing a request for preliminary approval of their settlement resolving litigation alleging the bank used dividends earned by its employee stock ownership fund to meet its 401(k) matching obligations.
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October 16, 2025
3 Firms Shape MGM's $546M Sale Of Ohio Gambling Venue
MGM Resorts International, guided by Weil Gotshal & Manges LLP, plans to sell the operations of a racetrack and casino in Northfield Park, Ohio, for $546 million to private equity firm Clairvest Group, advised by Chapman and Cutler LLP and Duane Morris LLP, the companies said Oct. 16.
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October 16, 2025
Electric Aircraft Startup Beta Technologies Targets $750M IPO
Electric aircraft and propulsion system manufacturer Beta Technologies has unveiled plans for an estimated $750 million initial public offering, with Kirkland & Ellis LLP advising the company and Davis Polk & Wardwell LLP advising the underwriters.
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October 16, 2025
ADNOC's Covestro Buy To Get EU Nod, Plus More Rumors
Abu Dhabi oil giant ADNOC is expected to get a stamp of approval from European regulators for its €14.7 takeover of German chemicals company Covestro; Spanish grid operator Enagas is debating buying a minority stake in French gas operator Terega; and private equity giant Apollo has submitted another bid to acquire pizza chain Papa John's.
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October 16, 2025
Akin Guides Metals Co. CMC On $1.8B Concrete Deal
Akin is advising Commercial Metals Co. on its plan to acquire Foley Products Co., a large U.S. regional supplier of precast concrete products, for $1.84 billion in cash, CMC said Thursday.
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October 16, 2025
HR Biz Deel Valued At $17.3B After $300M Funding Round
Human resources and payroll platform Deel, advised by Orrick Herrington & Sutcliffe LLP, on Thursday revealed that it hit a $17.3 billion valuation after closing its latest funding round with $300 million in investor commitments.
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October 15, 2025
$60M Deal Gets Final OK Over Adviser's Role In Ponzi Scheme
An Illinois state judge on Wednesday gave the final nod to a settlement deal that includes a $60 million judgment, ending investors' negligence claims against their investment adviser, though claims remain ongoing against a movie producer who allegedly misused their investment funds.
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October 15, 2025
BofA, BNY Mellon Accused Of Enabling Epstein's Crimes
Bank of America and the Bank of New York Mellon Corp. are the latest banks accused of enabling Jeffrey Epstein's sex trafficking enterprise and failing to timely report the late sex offender's suspicious transactions, according to a pair of proposed class actions filed Wednesday in New York federal court.
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October 15, 2025
11th Circ. Leaves Hope For ESOP Suit Against Seafood Co.
The Eleventh Circuit on Wednesday backed the dismissal of a proposed class action from ex-seafood company workers who claimed their employee stock ownership plan had been mismanaged, but left open the possibility that the former workers could resuscitate their suit at the trial court.
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October 15, 2025
Chancery 'Rewrote' $3.4B Merger Deal, J&J Tells Del. Justices
Johnson & Johnson told the Delaware Supreme Court on Wednesday that the Chancery Court "rewrote" its $3.4 billion agreement for the acquisition of surgical robotics firm Auris Health, wrongly using the implied covenant of good faith and fair dealing to impose obligations the company never accepted.
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October 15, 2025
Pa. Man Pleads To Misleading Investors In $33M Crypto Scam
A Pennsylvania man accused of bilking investors out of more than $33 million in a cryptocurrency investment scheme pled guilty in federal court Wednesday.
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October 15, 2025
Skadden, Kirkland Guiding Lone Star's $3.8B Hillenbrand Buy
Skadden-led Hillenbrand Inc. will be acquired by an affiliate of Kirkland-advised Lone Star Funds in an all-cash transaction with an enterprise value of approximately $3.8 billion, the provider of industrial processing equipment said Wednesday.
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October 15, 2025
Southeast US Infrastructure Firm Files $100M IPO Plans
North Carolina-based infrastructure company Cardinal Infrastructure Group has filed plans with the U.S. Securities and Exchange Commission to raise up to $100 million in an initial public offering, a move that comes as a handful of companies continue to submit IPO plans despite the ongoing government shutdown slowing SEC operations.
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October 15, 2025
Town Hall Ventures Secures $440M To Invest In AI, Healthcare
Venture capital firm Town Hall Ventures on Wednesday announced that it has commenced the investment program for its fourth fund, which secured roughly $440 million of capital commitments and will be used to invest in artificial intelligence and healthcare innovation for underserved communities.
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October 14, 2025
GOP Bill Would Codify Trump Private Equity 401(k) Order
A Montana Republican lawmaker announced Tuesday the introduction of a bill that would codify President Donald Trump's executive order that aims to make it easier for retirement plans to invest in nontraditional 401(k) assets like private equity and cryptocurrency.
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October 14, 2025
$300M Asset Suit Tossed In NC Over Demand Futility Failure
A North Carolina business court judge has dismissed a lawsuit from shareholders alleging leaders of an investment fund allowed an exchange of more than $300 million in diversified assets for "worthless" illiquid equity, finding the complaint did not allege either a material benefit or a substantial likelihood of liability as to the adviser.
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October 14, 2025
DC Circ. Upholds SEC's Cap On Exchange Fees
The D.C. Circuit on Tuesday rejected a call to overturn a U.S. Securities and Exchange Commission regulation capping the fees that exchanges can charge investors, ruling that the agency has "broad regulatory authority" to police the space.
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October 14, 2025
Ex-Clear Street Employees Sue Over Retaliation, Defamation
Four former employees of financial services company Clear Street Management have sued the firm, claiming they were retaliated against as whistleblowers and falsely terminated "for cause" when they attempted to resign over allegations of a toxic workplace.
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October 14, 2025
Prime Core's Trust Seeks $93.6M Clawback After Bankruptcy
The litigation trust overseeing bankrupt crypto custodian Prime Core Technologies Inc. has launched a clawback suit in the U.S. Bankruptcy Court for the District of Delaware, seeking to recover nearly $93.6 million in alleged preferential transfers made to a London-based trading partner in the weeks before Prime's collapse.
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October 14, 2025
Institutional Support For Proxy Proposals Down, Report Finds
Institutional support for shareholder proxy proposals has declined to its lowest level since 2021, while retail investor support for such proposals rose slightly, according to a Tuesday report released by financial technology firm Broadridge Financial Solutions Inc.
Expert Analysis
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Why Fla. Ruling Is A Call To Action For Foreclosure Counsel
A Florida state court's recent decision in Open Range Properties v. AmeriHome Mortgage has sent ripples through the banking industry and the legal community, and signals a new era of heightened scrutiny and procedural rigor in foreclosure litigation, says Andrew McBride and Adams & Reese.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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'Solicit' Ruling Offers Proxy Advisers Compliance Relief
The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.