The U.S. Securities and Exchange Commission could soon ask the public what it thinks about new types of exchange-traded funds that some companies have proposed, potentially moving a step closer to writing rules for the fund industry as prediction market ETFs await the agency's approval.
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TOP NEWS

SEC Signals Interest In Novel ETF Rulemaking

By Jessica Corso

The U.S. Securities and Exchange Commission could soon ask the public what it thinks about new types of exchange-traded funds that some companies have proposed, potentially moving a step closer to writing rules for the fund industry as prediction market ETFs await the agency's approval.

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Penny Stock Trader Loses Bid For New 'Scalping' Trial

By Hailey Konnath

A New York federal judge has rejected a penny stock trader's request for a new trial after he was found liable for a $2.5 million fraud scheme known as scalping, ruling that the U.S. Securities and Exchange Commission had plenty of evidence backing its allegations.

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CFTC Seeks Input On Energy Perpetual Contracts, 24/7 Trading

By Jessica Corso

The U.S. Commodity Futures Trading Commission is asking for public input on how it should address around-the-clock trading and perpetual contracts in the energy industry, asking how the industry developments could impact the price of commodities like crude oil.

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Cassava Investors Ink $31M Drug Suit Deal Alongside Appeal

By Bonnie Eslinger

Cassava Sciences investors have asked a Texas federal judge to preliminarily approve a $31 million settlement that ends their claims the pharmaceutical company inflated its stock prices with misleading information about its Alzheimer's drug research, a deal that could be upended if the court's class certification order is reversed on appeal.

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Zymergen Investors Get First OK For $125M Settlement

By Sydney Price

Former executives, underwriters and large investors of now-defunct biotechnology company Zymergen received initial approval on Monday of a $125 million deal to end claims that they misled shareholders ahead of the company's initial public offering by approving misstatements about Zymergen's commercial product pipeline.

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POLICY & REGULATION

OCC Pitches Anti-Illicit Finance Rules For Stablecoin Issuers

By Sarah Jarvis

The Office of the Comptroller of the Currency issued a plan Monday to implement Bank Secrecy Act and sanctions compliance standards for stablecoin issuers, folding in a past plan from Treasury Department regulators and marking the latest regulatory proposal under the federal stablecoin framework known as the Genius Act.

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CRYPTO & FINTECH

Cuomo To Lead OKX-NYSE Parent Crypto Joint Venture

By Hailey Konnath

Former New York Gov. Andrew Cuomo will co-chair a joint venture between cryptocurrency exchange OKX and New York Stock Exchange parent Intercontinental Exchange, a partnership aimed at developing infrastructure for "tokenized and digitally native financial products," according to an announcement made Monday.

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Bitcoin Miner Hut 8, Investors Ink $2.3M Merger Settlement

By Katryna Perera

A proposed class of investors in Hut 8 Corp. has reached a $2.3 million settlement with the bitcoin miner to resolve claims that it overpaid for a company with severe operational issues and misled investors about energy and connectivity failures at a Texas facility that was part of the merger.

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WHITE COLLAR

Traders Plead Guilty In NY To $1M Insider Trading Scheme

By Bonnie Eslinger

Two traders involved in a multi-year insider trading scheme with a former Joseph Gunnar & Co. broker who used confidential information about upcoming secondary stock offerings to make over $1 million in illicit profits pled guilty Monday to securities fraud, according to the federal government.

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DELAWARE

Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week handled disputes involving executive compensation, take-private transactions, books and records demands, tender offers and alleged insider misconduct.

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TerraForm Attys Get $23M Fee In Brookfield Settlement

By Jarek Rutz

The Delaware Chancery Court awarded plaintiffs' attorneys more than $23 million in fees and expenses for securing an $83.8 million settlement that resolved long-running shareholder litigation over Brookfield Asset Management's 2020 take-private merger with renewable energy company TerraForm Power Inc.

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INVESTOR ACTIONS

Uber Board Spawned 'Serial Compliance Offender,' Suit Says

By Linda Chiem

Uber Technologies Inc. executives and board directors have fostered a culture of noncompliance and lax safety that has exposed the ride-hailing giant to thousands of sexual harassment and disability discrimination lawsuits, according to a new shareholder derivative suit in California federal court Monday.

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Coffee Chain's New Openings Guzzled Revenue, Investor Says

By Sydney Price

Arizona-based coffee chain Black Rock Coffee, its executives and initial public offering underwriters were hit with a proposed shareholder class action alleging they failed to disclose ahead of the offering that the company's rapid expansion was negatively impacting sales at existing stores.

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EMPLOYMENT

Mich. Appeals Court Affirms $3M Award In Equity Dispute

By Susan Smiley

The Michigan Court of Appeals upheld a $3 million award to a former employee of a wealth management company, saying Monday that enough evidence supported a jury's finding that CIG Capital Advisors deliberately misled the plaintiff about his ownership status and diverted revenue to hide profits.

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BANKRUPTCY

Sorrento RICO Case Naming Jackson Walker Gets Axed

By Alex Wittenberg

A Texas bankruptcy judge blocked a lawsuit in California federal court alleging Jackson Walker LLP and executives at Sorrento Therapeutics and M3 Partners conspired to forum shop in Texas so the drug developer could seek Chapter 11 protection in an "ethically compromised" bankruptcy court, ruling the suit's claims are barred by Sorrento's bankruptcy plan.

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PEOPLE

Holland & Knight Adds Jones Day Atty To Atlanta, DC Teams

By Emily Johnson

Holland & Knight LLP has bolstered its ranks in Atlanta and Washington, D.C., by adding an attorney from Jones Day with experience helping clients navigate investigations brought by enforcers including the U.S. Department of Justice and the U.S. Securities and Exchange Commission. 

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EXPERT ANALYSIS

Securities Class Cert., 5 Years After Goldman Ruling

The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

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Recent Cases Clarify When Risk Disclosures Trigger Liability

Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

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What Fed's Fast Track To Account Access Means For Fintechs

Fintechs, stablecoin issuers and other nonbank entities should assess eligibility, compliance demands and operational limits ahead of the Federal Reserve's potential finalization of a payment account framework proposing a faster path to direct access to key payment rails, says Stephen Aschettino at Fox Rothschild.

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Responding To US Labeling Brazilian Gangs As Terrorist Orgs

The Trump administration's recent designation of two Brazilian criminal organizations as foreign terrorists affects companies in multiple sectors that must now assess their exposure and enhance their sanctions, know-your-customer and anti-money-laundering screening programs, say attorneys at King & Spalding.

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LEGAL INDUSTRY

Attorney Reprimanded In $256M Defamation Case

By Rachel Rippetoe

A former Conrad & Scherer LLP managing partner must pay an Alabama coal company's attorney fees after being publicly reprimanded by an Alabama federal judge, who found he lied to the court and paid witnesses to change their testimony in his repeated lawsuits against the company.

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NJ Firm Accused Of 'Double-Dipping' On Pelvic Mesh Fees

By Daniel Connolly

Four women allege in a recently filed lawsuit that a New Jersey law firm overcharged them on legal fees related to a settlement in pelvic mesh litigation, and the recent lawsuit also relates to a long-running conflict between lawyers who formerly worked together.

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Justices Seek Input On NJ State Bar Diversity Challenge

By George Woolston

The U.S. Supreme Court has asked the federal government to weigh in on a Garden State appellate court's decision that approved a New Jersey State Bar Association system for fostering diversity in its leadership that was accused of being discriminatory.

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Blanche, Pirro Can't Be DQ'd From Trump DC Shooting Case

By Craig Clough

A D.C. federal judge held Monday that the man accused of attempting to assassinate President Donald Trump at the White House Correspondents' Association dinner can't disqualify U.S. Attorney Jeanine Pirro and acting Attorney General Todd Blanche from prosecuting him because of their presence at the dinner.

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LAW FIRMS IN TODAY'S NEWS

Abrams & Bayliss

Advisors LLC

Agnifilo Intrater

Andrews & Springer

Berman Tabacco

Bronstein Gewirtz

Christian & Small

Conrad & Scherer

Consovoy McCarthy

DLA Piper

Dynamis LLP

FBT Gibbons

Fox Rothschild

Friedman Oster

Gibson Dunn

Glancy Prongay

Haynes Boone

Holland & Knight

Jackson Walker LLP

Joelson Rosenberg

Jones Day

Julie & Holleman

Kane Russell

Kaskela Law

Katten Muchin

King & Spalding

Klausner Kaufman

Kropf Moseley

Kutak Rock

Labaton Keller

Law Offices of Scott E. Leemon

Mazie Slater

McKool Smith

Miller Canfield

Morgan Lewis

Morrison & Foerster

Nagel Rice

Pendley Baudin

Pomerantz LLP

Robbins Geller

Robbins LLP

Robins Kaplan

Scott&Scott

Skadden Arps

Slater Slater

Starnes Davis

Vedder Price

Weil Gotshal

WilmerHale

COMPANIES IN TODAY'S NEWS

American Express Co.

Bayer AG

Boyer Co.

British Broadcasting Corp.

Brookfield Asset Management Ltd.

CME Group Inc.

Chiquita Brands International Inc.

Cornell University

Credit Suisse Group AG

Drummond

Drummond Co. Inc.

Fidelity National Financial Inc.

Francisco Partners

GameStop Corp.

Halliburton Co.

Hilton Worldwide Holdings Inc.

Horizon Blue Cross Blue Shield of New Jersey

Itochu Corporation

JPMorgan Chase & Co.

Johnson & Johnson

Joseph Gunnar & Co. LLC

LafargeHolcim Ltd.

LinkedIn Corp.

MongoDB Inc.

Morgan Stanley

Nasdaq Inc.

New Jersey State Bar Association

Optimum

Peloton Interactive Inc.

ProNAi Therapeutics Inc.

Redbox Automated Retail LLC

Revelation Biosciences Inc.

Rocket Cos.

SoftBank Group Corp.

SolarWinds Corp.

Sorrento Therapeutics Inc.

TerraForm Power Inc.

The City University of New York

The Goldman Sachs Group Inc.

The Trade Desk Inc.

Therapeutics Inc.

Tivic Health Systems Inc.

Twitter Inc.

Uber Technologies Inc.

Verizon Communications Inc.

Vivendi SA

WideOpenWest Finance LLC

Yum Brands Inc.

Zillow Group Inc.

Zymergen Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Arkansas Teacher Retirement System

Commodity Futures Trading Commission

Delaware Court of Chancery

Federal Reserve System

Federal Trade Commission

Financial Crimes Enforcement Network

Food and Drug Administration

New Jersey Supreme Court

New York Attorney General's Office

New York Department of Financial Services

Office of Foreign Assets Control

Office of the Comptroller of the Currency

U.S. Attorney's Office

U.S. Attorney's Office for the Eastern District of New York

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of State

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. Secret Service

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Northern District of Alabama