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Capital Markets
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September 18, 2025
Arbitration Clauses Won't Protect IPOs From Investor Suits
With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.
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September 18, 2025
Dems Demand DOJ Explain Binance Plea Deal Compliance
U.S. Sen. Elizabeth Warren and two of her Democratic colleagues have asked U.S. Attorney General Pam Bondi for information on Binance's compliance with its 2023 plea agreement stemming from anti-money laundering lapses, pointing to President Donald Trump's ties to the crypto exchange.
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September 18, 2025
Crypto Promoter Gets Prison For $14M Forcount Fraud
A Manhattan federal judge Thursday sentenced a promoter of the fake cryptocurrency outfit Forcount Trader Systems Inc. to a year and a day in prison for his role in a $14 million Ponzi and pyramid scheme that defrauded thousands of primarily Spanish-speaking investors around the globe.
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September 18, 2025
SafeMoon Ch. 7 Trustee Pitches $12M Settlement
Cryptocurrency asset company SafeMoon US LLC's Chapter 7 trustee has asked a Utah bankruptcy judge to approve a settlement for a class action alleging the company defrauded investors, saying the deal to pay plaintiffs at least $12 million is fair and wise.
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September 18, 2025
Jury Mulls Claims Man Duped Penny Stock Traders On Twitter
A Manhattan federal jury on Thursday weighed fraud claims against an Ohio salesman from securities regulators who say he duped other traders as he took in over $2.5 million buying penny stocks, hyping shares on Twitter before selling in a "scalping" scheme.
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September 18, 2025
Firms Look To Drop Shareholder Client Sapien In Linqto Ch. 11
Lawyers for Sapien Group, a shareholder that has taken an active role in investment platform Linqto's Chapter 11 in Texas, have asked to withdraw from the case — saying their client has not paid outstanding legal bills.
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September 18, 2025
Trading Adviser, Convicted Owner Hit With $2.8M CFTC Fine
A commodity trading adviser and pool operator who pled guilty in Florida federal court to orchestrating a novel cryptocurrency-related scheme to cheat investors has agreed to pay more than $2.8 million as part of a settlement with the Commodity Futures Trading Commission.
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September 18, 2025
Sports Group Brera Raises $300M To Launch Solana Treasury
Irish sports ownership holding company Brera Holdings, led by Lowenstein Sandler LLP, on Thursday announced that it plans to rebrand as a digital asset treasury company called Solmate following a $300 million private fundraise.
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September 18, 2025
Group Of US Investors To Buy TikTok, Plus More Rumors
A consortium of big-name buyers including Oracle, Silver Lake and Andreessen Horowitz are rumored to be taking a majority stake in TikTok after a long search to find the app a U.S. owner; Paramount Skydance is reportedly ready to make an offer for Warner Bros. Discovery; and private equity shop CVC is close to inking a $1.5 billion deal to acquire web-hosting provider Namecheap. Here, Law360 breaks down these and other deal rumors from the past week.
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September 18, 2025
Trump Asks High Court To Let Him Remove Fed's Cook
President Donald Trump asked the U.S. Supreme Court on Thursday to allow him to move forward with firing Federal Reserve Gov. Lisa Cook, escalating a fight over presidential removal power that will test the boundaries of the central bank's traditional independence.
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September 18, 2025
Bonds Valid Under Venezuelan Law, Judge Rules In $2B Case
A New York federal judge on Thursday denied a bid by Venezuela's state-owned oil company to refuse enforcement of some $2 billion in defaulted bonds, finding after an "exhaustive review of Venezuelan law" that the bonds were validly issued.
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September 17, 2025
Trump Could Swing Fed With This 1 Weird Trick: Ex-Fed Gov.
A former top Federal Reserve official told Democratic lawmakers on Wednesday that if President Donald Trump succeeds in quickly ousting Fed Gov. Lisa Cook, it could unlock an obscure mechanism for his allies at the Fed to sway future interest-rate decisions.
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September 17, 2025
Crypto Exec Cops To $200M Bitcoin Ponzi Scheme
The chief executive officer of a cryptocurrency trading company pled guilty on Tuesday in Virginia federal court to a $200 million Ponzi scheme that federal prosecutors said defrauded more than 90,000 investors worldwide and allowed the executive to buy luxury vehicles, clothing and homes worth several million dollars.
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September 17, 2025
Credit Investment Firm Sues UBS Over Naked Juice Loan Deal
A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.
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September 17, 2025
Crypto Exchange Bullish Gets BitLicense From NY Regulator
Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.
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September 17, 2025
VC-Backed Cybersecurity Biz Netskope Prices $908M IPO
Netskope, a cybersecurity firm with venture capital backing, is set to begin trading on the Nasdaq Thursday after pricing a $908 million initial public offering, at the top of its upwardly revised range.
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September 17, 2025
FINRA Fines Okla. Investment Firm For Mishandling Funds
The Financial Industry Regulatory Authority has fined Oklahoma-based Oak Hills Securities Inc. $125,000 to settle claims that it failed to return money owed to investors, did not deposit invested funds into authorized accounts and did not properly file certain offering documents.
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September 17, 2025
Chancery Mulls Limited Discovery In $8.7B Cerevel Sale Suit
A Delaware vice chancellor said Wednesday he is considering denial of a motion to dismiss as well as limited plaintiff discovery in a suit accusing Cerevel Therapeutics Holdings Inc. insiders of lining up a secondary stock sale ahead of the biopharma's disclosure of a proposed $8.7 billion sale to AbbVie.
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September 17, 2025
Noteholders Say $219M Mexico Claim Can Proceed
Noteholders owed hundreds of millions of dollars by Mexican television producer TV Azteca are defending their $219 million investor-state claim against Mexico after its courts allegedly stymied collection efforts, saying any procedural deficiency in their claim arose as a result of the Mexican court's actions.
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September 17, 2025
Chancery Approves $30M Match.com Spinoff Suit Settlement
A Delaware vice chancellor approved a $30 million mediated settlement Wednesday to resolve a five-year dispute over the fairness of Match.com's 2019 reverse spinoff from Barry Diller-controlled IAC/Interactive, with stockholder attorneys taking home $6.9 million.
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September 17, 2025
2nd Circ. Won't Block Eletson Doc Transfer In Shipping Row
The Second Circuit on Wednesday declined Reed Smith LLP's emergency request to block the turnover of client files created amid its representation of Greece-based shipping company Eletson Holdings prior to an October 2024 reorganization, but agreed to refer the stay motion to a three-judge panel for consideration.
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September 17, 2025
SEC Policy Shift Could Foreclose Some Investor Class Actions
The U.S. Securities and Exchange Commission issued a policy statement Wednesday that allows the use of mandatory arbitration by new publicly traded companies as its chief seeks to "make IPOs great again," but Democrats warned the move could shut the door to shareholder class actions.
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September 17, 2025
Nelson Mullins Hires Freddie Mac Alumnus For RE Practice
Nelson Mullins Riley & Scarborough LLP announced Wednesday that the firm has added a commercial real estate expert from Freddie Mac's multifamily division to the firm's real estate capital markets practice.
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September 17, 2025
Atty Gets $4.3M Judgment Against Crypto Investment Cos.
A Pennsylvania state court has ordered four cryptocurrency companies to release more than $4.3 million in funds to a Pittsburgh attorney who claims the companies unjustly froze his accounts when he tried to make withdrawals.
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September 17, 2025
WaterBridge Reaches $634M IPO Pricing, Guided By 2 Firms
WaterBridge Infrastructure said it priced an upsized $634 million initial public offering at the top of its range when the company began trading Wednesday with advice by Latham & Watkins LLP and Gibson Dunn & Crutcher LLP.
Expert Analysis
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Quantifying Trading-Based Damages Using Price Impact
The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Leveraging Diligence Findings For Better Life Sciences Deals
Life sciences parties should utilize due diligence strategically to review and draft deal documents, address issues identified during the diligence, and craft solutions to achieve the party's transactional goals, says Anna Zhao at Gunner Cooke.
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Capital One Deal Approval Lights Up Path For Bank M&A
The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.
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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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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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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.