Goldman Sachs Group Inc.'s $2.9 billion settlement with the U.S. government and others over its role in the 1Malaysia Development Berhad scandal was a blockbuster, but the deal is stirring fresh criticism as the latest big-bank criminal resolution to come without a compliance monitor requirement.
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Analysis

Goldman Sidesteps Monitor In 1MDB Deal, Raising Eyebrows

Goldman Sachs Group Inc.'s $2.9 billion settlement with the U.S. government and others over its role in the 1Malaysia Development Berhad scandal was a blockbuster, but the deal is stirring fresh criticism as the latest big-bank criminal resolution to come without a compliance monitor requirement.

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Equity Owners Want To Intervene In $15B Student Loan Fight

Owners of residual equity in a once-$15 billion fleet of student loan trusts asked to intervene late Thursday in a Chancery Court battle over oversight and collection of the trusts' loans, citing a need to protect their right to sue over allegedly "horrific" loan mismanagement.

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Hotel Group To Get Early Contract Ruling In €93M Apollo Suit

A judge agreed on Friday to settle some contract disputes early in a lawsuit brought by a Spanish hotel group against Apollo Capital Management over a stalled €93 million ($110 million) resort deal, but warned that the result might mean an early demise for the hotelier's case.

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Del. Justices Sink Solera's Bid For Appraisal Action Coverage

The Delaware Supreme Court on Friday ruled that Solera Holdings Inc. cannot pursue coverage from several excess insurers for tens of millions in costs it incurred in a stockholder appraisal action challenging its buyout by Vista Equity Partners, reversing a lower court and finding that the action does not qualify as a covered "securities claim."

Opinion attached | Read full article »

MVP: Weil's Andrew Chizzik

Andrew Chizzik, a partner in Weil Gotshal & Manges LLP's private funds practice, guided Brookfield Asset Management in raising its record-breaking $20 billion infrastructure fund, earning him a spot as one of Law360's 2020 Fund Formation MVPs.

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POLICY & REGULATION

SEC's Peirce Has 'Reservations' About Recent Agency Action

A U.S. Securities and Exchange Commission member who has offered rare dissents to two enforcement actions in the past six weeks issued a statement Friday saying she supported a third recent agency action, "though not without reservations."

Order attached | Read full article »

Crowdcube, Seedrs Ask CMA To Fast-Track Deal Review

Crowdfunding platforms Crowdcube and Seedrs asked the U.K.'s antitrust regulator to fast-track its review merger directly to an in-depth investigation as the companies push their "plan to create the world's largest private equity marketplace."

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ENFORCEMENT

Financial Services Co. Head Cops To $4.4M Fraud Scheme

The head of a financial services firm charged with scamming at least 18 investors out of about $4.4 million pled guilty to conspiracy to commit securities fraud and wire fraud and will pay back the money he took, prosecutors said.

1 document attached | Read full article »

LITIGATION

DaVita Inks $50M Deal To End Private Insurance Push Suit

DaVita Inc. shareholders asked a Delaware federal judge Friday to approve a $50 million deal with the kidney dialysis company's executives that would end a derivative action accusing DaVita of facilitating an illicit scheme to push dialysis patients out of government-backed health insurance.

Memorandum attached | Read full article »

US Bank Dodges Ex-Employee's Age Bias Suit At 8th Circ.

A former U.S. Bank employee can't claim the company fired her because of her age after the Eighth Circuit on Friday upheld a district court's decision to toss the suit, finding that the employee proffered little evidence showing her firing was discriminatory.

Opinion attached | Read full article »

Racketeering Suit Rewrite Bid Shows 'Bad Faith,' BitMEX Says

The offshore company that owns the BitMEX cryptocurrency exchange told a California federal judge Thursday that he shouldn't let traders rewrite their lengthy suit alleging the company and BitMEX's co-founders engaged in a vast racketeering and market-manipulation scheme.

Memorandum attached | Read full article »

Judge Says Trading Tech Feud Falls Outside Antitrust Realm

A Pennsylvania federal judge tossed a lawsuit Friday that he said tried to "shoehorn" breach of contract claims against a financial services and software company into an antitrust matter.

Order attached | Read full article »

Fidelity Flubbed $100M Charitable Stock Sale, Economist Says

A California federal court overseeing a Zoom bench trial over Fidelity's handling of a $100 million charitable stock sale heard from an economist Friday who testified that the company was "irresponsible" in its execution of the money-losing sale.

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DC Circ. Upholds CCO's Fine For Missing 'Clear Red Flags'

The D.C. Circuit said Friday that a broker-dealer's former chief compliance officer cannot overturn the fines levied against him for failing to ask questions when a new hire sent $150,000 to a barred broker's firm.

Order attached | Read full article »

UK Litigation Roundup: Here's What You Missed In London

The past week in London has seen electronics giant Philips take on another Chinese rival over patents, automaker Daimler AG face another group action, and a Canadian pension fund and dozens of others sue troubled security firm G4S. Here, Law360 looks at those and other new claims in the U.K.

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DEALS

Australia's Link Group Rejects Nearly $2B PE Takeover Bid

Australian share-registry operator Link Group on Friday spurned a AU$2.76 billion ($1.96 billion) takeover bid lobbed by private equity firms Carlyle Group and Pacific Equity Partners as too low, but left the door open for continued negotiation.

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PEOPLE

Taxation With Representation: Wachtell, Gibson, Hunton

In this week's Taxation With Representation, ConocoPhillips inks a $13 billion merger with Concho Resources, Pioneer Natural Resources buys Parsley Energy for $4.5 billion, and real-estate firm Pretium acquires Front Yard for $2.4 billion.

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EXPERT ANALYSIS

Opinion

Loan Docs Should Standardize Libor Replacement Language

Lenders should consider a universal descriptive amendment to replace Libor in loan agreements in order to simplify the process, lower costs compared to bespoke diligence, and foster operational consistency, proposes Roger Chari at Duane Morris.

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Key Issues In Potential High Court Fraudulent Transfer Case

If the U.S. Supreme Court decides to hear Deutsche Bank Trust v. Robert R. McCormick Foundation, concerning a Bankruptcy Code safe harbor provision, it would have to reconcile creditors' rights to challenge fraudulent transfers with the need for finality in securities transactions, say Justin Ellis and Lauren Dayton at MoloLamken.

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Law Firm Tips For Attracting, Retaining Attys During Pandemic

Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

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LEGAL INDUSTRY

1st Circ. Judge Juan Torruella Dead At 87

First Circuit Judge Juan R. Torruella, a Puerto Rico native who spent more than four decades on the federal bench, has died at age 87, the court confirmed Monday.

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Analysis

As Insurance Costs Climb, Law Firms Seek To Self-Insure

Soaring insurance premiums in recent months have prompted Linklaters LLP and an increasing number of law firms to consider an alternative to handing over money to commercial insurers: forming their own insurance companies.

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Hilton REIT Park Hotels Chooses In-House Atty For GC

Hilton Worldwide's real estate investment trust Park Hotels & Resorts Inc. announced that it promoted its deputy general counsel to general counsel and chief legal officer.

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Insurer Gets Quick Win For Coverage Suit Against Atty

A North Dakota federal judge said an insurance company was not on the hook to defend or indemnify Bredahl & Associates PC in a legal malpractice suit, finding that the attorney should have known of the suit coming against him before he renewed the policy.

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Interview

15 Minutes With Hain Celestial Group's General Counsel

During her in-house legal career, Kristy Meringolo has been drawn to certain companies because of their missions, such as Avon's attention to empowering women and Hain Celestial Group's focus on organic products. Here, she discusses how her team supports Hain's mission, as well as how she advocates for other women in the legal profession.

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