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Securities
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October 16, 2025
Kalshi Tells 4th Circ. Md. Is Stepping On CFTC Oversight
Maryland federal judge was wrong to reject sports betting company Kalshi's argument that its so-called prediction market, which allows users to wager on the outcome of real-world events, counts as a federal derivative exchange, the company said to the Fourth Circuit.
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October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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October 16, 2025
'Good Riddance': Feds Ax Big-Bank Climate Risk Guidance
Federal regulators Thursday moved to scrap a set of Biden-era "principles" that sought to ensure large banks can manage potential balance-sheet risks from climate change, an ending that one Federal Reserve official greeted with a sharp send-off.
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October 16, 2025
Peloton Moves To Toss Investors' Revived COVID-19 Suit
Peloton has once again moved to dismiss a proposed class action lawsuit revived by the Second Circuit last month, saying that investors couldn't prove executives intentionally misled them into believing that a spike in demand during the first year of the COVID-19 pandemic was sustainable.
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October 16, 2025
Wall Street Giants Sued Over Alleged Stock Manipulation
An investor in Israeli chipmaker Eltek Ltd. has sued Morgan Stanley Smith Barney LLC and Interactive Brokers Group Inc., alleging they had a role in a complex stock price manipulation scheme that played out over years, causing trading prices for the tech company's shares to be "irrationally depressed."
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October 16, 2025
Fla. Pension Fund Sues To Block Exxon Retail Voting Program
A police pension fund in Florida hit Exxon Mobil Corp.'s directors with a proposed class action seeking to halt an allegedly unlawful, first-of-its-kind voting program that allows retail shareholders to opt to automatically support the board's recommendations.
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October 16, 2025
Musk, Twitter Investors Denied Early Wins In Fraud Suit
Elon Musk and investors of X, formerly known as Twitter, are headed toward trial in a class action suit accusing the billionaire of intentionally tanking the social media platform's stock price, after a California federal judge denied the parties' cross-motions for an early win in the case.
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October 16, 2025
Wells Fargo To Settle Investors' 'Sham' Hiring Case For $85M
Wells Fargo & Co. has agreed to pay $85 million to exit an investor class action accusing it of conducting "sham" job interviews to meet diversity quotas, settling a yearslong dispute before it could reach trial in California federal court.
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October 16, 2025
Gabelli, Entwistle Make Lone Paramount Suit Pitch In Del.
A fund of Paramount Global Inc. investor Mario Gabelli notified Delaware's Court of Chancery on Thursday that no other stockholders have sought to lead a suit challenging Paramount Global's $8.4 billion acquisition by David Ellison's Skydance Media, with the fund seeking lead plaintiff status and Entwistle & Cappucci and Farnan LLP to be lead counsel.
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October 16, 2025
Fla. Judge Says Soccer CEO's Fraud Suit Belongs In UK
A Florida federal judge on Wednesday tossed a soccer company CEO's lawsuit alleging civil securities fraud in a deal to take his company public via a special purpose acquisition company, ruling that the dispute should be resolved in the United Kingdom.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
MIT Grads Tell Jury $25M Crypto Score Was No Heist
Counsel for two Massachusetts Institute of Technology-educated brothers accused of pinching $25 million from Ethereum blockchain traders in a seconds-long bait and switch heist told a Manhattan federal jury Wednesday that it was actually a legitimate trading strategy in the "new, hard-charging" crypto trading environment.
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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
OCC Conditionally OKs Palmer Luckey's Thiel-Backed Bank
The Office of the Comptroller of the Currency on Wednesday gave its initial green light to a new virtual currency-focused national bank backed by tech entrepreneurs Peter Thiel and Palmer Luckey, marking the first such approval for a new bank since Jonathan Gould was sworn in as Comptroller in July.
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October 15, 2025
3rd Circ. Clears Cannabis REIT In Investor Fraud Suit
The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against a cannabis-focused real estate investment trust that alleged the trust violated securities laws by ignoring red flags about a tenant, with the panel finding that investors failed to show they were intentionally misled.
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October 15, 2025
SEC Says Couple's $26.5M Ponzi Scheme Targeted Minorities
The U.S. Securities and Exchange Commission accused a California couple Wednesday of running a $26.5 million unregistered securities fraud that targeted Vietnamese and Latino communities in multiple states.
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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
Crypto.com Can't Block Nev. Action Over Event Contracts
A Nevada federal judge decided not to bar state gaming regulators from taking action over Crypto.com's event contracts for now, reaching a different conclusion than his earlier ruling in a similar challenge from event contract platform Kalshi after finding that Crypto.com's contracts do not appear to qualify as swaps under the Commodity Exchange Act.
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October 15, 2025
Hertz Must Face Investors' Claims Over EV Statements
Car rental giant Hertz Global Holdings Inc. can't completely shed securities fraud claims over its statements that it was seeing strong demand for electric cars that artificially boosted stock prices, a Florida federal judge has ruled, while also dismissing other claims in the proposed class action.
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October 15, 2025
Mineral Co. Investors Seek Final OK Of $4.9M Deal
Investors of mineral producer Compass Minerals International Inc. have asked a Kansas federal judge to grant final approval to their nearly $5 million deal settling claims that the company misled the public about the likelihood it would secure a fire retardant supplier contract with the U.S. Forest Service.
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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
Del. Justices Ask How Court Can Uphold Musk Pay Unwinding
A Delaware Supreme Court justice on Wednesday pressed a Tesla Inc. stockholder class attorney on how founder Elon Musk — facing a Court of Chancery strike-down of his $56 billion, multiyear compensation plan — can be "put back to the status quo ante after six years of achieving what he was asked to achieve."
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October 15, 2025
Some Federal Workers Win Quick Block On Shutdown Layoffs
A California federal judge on Wednesday granted a request from two unions representing thousands of federal workers to immediately block the Trump administration from laying them off during the government shutdown, saying she believes the plaintiffs will show that "what's being done here is both illegal and is in excess of authority."
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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.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Traditional Venue Theories May Not Encompass Crypto Fraud
A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.