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Securities
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March 28, 2025
3rd Circ. Preview: April Arguments Feature Class Action Rows
The Third Circuit's April argument lineup springs into action with securities litigation brought by Walmart investors claiming they were misled about the government's opioid investigation into the company, and a bid to upend an attorney fee award stemming from the settlement of data breach litigation against convenience store chain Wawa.
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March 28, 2025
SEC Dismisses Kraken, Consensys, Cumberland Crypto Suits
The U.S. Securities and Exchange Commission filed to dismiss crypto-focused enforcement actions against Kraken, Consensys and Cumberland DRW, solidifying a series of resolutions the firms announced earlier this month as the SEC charts a new path on crypto policy.
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March 28, 2025
FTX Sitting On $11.4B In Cash To Distribute To Creditors
FTX has $11.4 billion in funds ready to be handed out to creditors, but it still has much work to do to sort out the massive number of claims asserted against the collapsed cryptocurrency exchange, an attorney for the company told a Delaware bankruptcy judge Friday.
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March 28, 2025
Startup Founder Guilty In $175M JPMorgan Deal Gone Awry
A Manhattan federal jury on Friday convicted Frank founder Charlie Javice and another former executive of the educational startup of tricking JPMorgan Chase & Co. into spending $175 million to buy the now-shuttered company by lying about its user base.
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March 28, 2025
DXC Technology Dodges Investor Suit Over Integration Issues
A Virginia federal judge has tossed an investor suit alleging that DXC Technology Co. and its top brass overhyped efforts to reduce restructuring and integration costs after acquiring several companies, finding that the plaintiffs failed to adequately allege any actionable false statements or knowledge of wrongdoing by the individual defendants.
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March 28, 2025
DOGE Officials Arrive At SEC With Unclear Agenda
Staffers with Elon Musk's Department of Government Efficiency have made the U.S. Securities and Exchange Commission the latest target of their cost-cutting measures, as the agency confirmed Friday that it has begun onboarding DOGE staff.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
Nikola Corp. Founder Says Trump Gave Him Full Pardon
President Donald Trump has pardoned Trevor Milton, the Nikola Corp. founder convicted of fraudulently inflating the electric-truck maker's value on Wall Street, Milton announced in a late Thursday post on X.
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March 27, 2025
SEC Liquidity Rule Suit Can't Be Axed Just Yet, Judge Says
A New York federal judge on Thursday refused to toss the U.S. Securities and Exchange Commission's suit alleging that Pinnacle Advisors LLC exceeded its allowed allotment of illiquid investments, as the intervening Loper Bright ruling has changed the standard for evaluating agency action since the dismissal bid was filed.
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March 27, 2025
Chinese Fintech Investors Urge NJ Court To Keep Suit Alive
Investors in Chinese fintech company 9F Inc. urged a New Jersey federal judge to keep their securities class action alive on Thursday, arguing that their third amended complaint now includes the specific details the court previously said would make their securities fraud claims viable.
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March 27, 2025
Crypto YouTuber Should Face Logan Paul's Suit, Judge Says
A Texas magistrate judge said media personality Logan Paul should be able to pursue his defamation claims against the YouTuber who called Logan's failed cryptocurrency project a "scam," given that the YouTuber presented the allegations as more fact than opinion.
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March 27, 2025
EV Co. Pumped Stocks Ahead Of 'Reverse' Splits, Suit Claims
Electric vehicle maker Mullen Automotive Inc. faces a proposed investor class action alleging that the company and a trio of its executives manipulated trading prices for the company's shares in advance of reverse stock splits that consolidated the number of shares of the company five times over roughly two years.
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March 27, 2025
Upstart Investors Land Class Cert. In Insider Selling Suit
Shareholders who allege that tech-based lender Upstart and its executives participated in a $2.7 billion insider stock selling scheme can now proceed with their claims as a class, an Ohio federal judge determined on Thursday.
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March 27, 2025
Alibaba Investors' Attys Awarded $108M In IPO Settlement
A New York federal judge on Thursday granted final approval to Alibaba Group's $433.5 million settlement with investors suing the company over alleged misstatements about its exclusivity practices and its planned initial public offering of a fintech affiliate, awarding the investors' attorneys 25%, or roughly $108 million.
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March 27, 2025
Umpqua Bank Strikes Deal With Investors In $300M Ponzi Suit
Umpqua Bank and a class of investors on Thursday informed a California federal judge they've reached a settlement to resolve claims the bank helped execute an alleged $300 million Ponzi scheme led by a since-deceased real estate investment manager.
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March 27, 2025
Russian Oligarch-Linked Firm Owner Can't Shake SEC's Claim
A New York federal judge has declined to toss claims brought by the U.S. Securities and Exchange Commission against an investment firm owner who allegedly managed a Russian oligarch's wealth in America without ever registering with the SEC as required.
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March 27, 2025
New Del. Claims Filed In Jenzabar Stock Warrant Battle
Investors in a fund focused on higher education software company Jenzabar Inc., a company mired in years-old Delaware Court of Chancery battles over stock warrants dating to 2004, have filed an expanded, nine-count suit accusing the company and key officials of looting the fund and wrongly terminating their interests.
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March 27, 2025
PayPal Investors Drop Derivative Suit Over SEC, CFPB Probes
Shareholders of PayPal voluntarily dismissed their derivative suit against the company's executives and directors accusing them of making false statements about PayPal's practices that allegedly led to federal investigations, saying the dismissal is proper since the defendants were not liable in a similar securities class action filed against them.
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March 27, 2025
Coverage Row Over OpenText Merger Now Moot, Judge Says
A Michigan federal court tossed on Thursday an insurer's lawsuit seeking a declaration that it had no duty to indemnify a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, finding the dispute is now moot because the insurer's coverage limit has already been exhausted.
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March 27, 2025
FINRA Improperly Acts As Government Agency, 6th Circ. Told
The owner of a consulting company has urged the Sixth Circuit to overturn a decision by the U.S. Securities and Exchange Commission affirming sanctions imposed by the Financial Industry Regulatory Authority for alleged securities fraud, arguing that FINRA never had jurisdiction over him.
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March 27, 2025
SEC Drops Defense Of Biden-Era Climate Disclosure Rules
The U.S. Securities and Exchange Commission said Thursday it would no longer defend regulations requiring some of the world's largest corporations to publicly disclose the effects climate change could have on their businesses, walking away from an Eighth Circuit challenge to the rules that the agency's acting chair called "unnecessarily intrusive."
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March 27, 2025
Atkins Suggests He May Open SEC's Doors To DOGE
Paul Atkins, President Donald Trump's pick to lead the U.S. Securities and Exchange Commission, on Thursday appeared to welcome the potential arrival of Elon Musk's Department of Government Efficiency at the agency, while also pushing back on suggestions that his earlier votes as a Republican commissioner exacerbated the 2008 financial crisis.
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March 27, 2025
Faegre Drinker Securities Ace Joins Spencer Fane In Denver
Spencer Fane LLP has added a securities litigation partner from Faegre Drinker Biddle & Reath LLP to its Denver office, the firm announced Thursday.
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients
An abrupt pause in Foreign Corrupt Practices Act enforcement has created tension between clients eager to resolve investigations and their attorneys, who are having trouble reaching decision-makers at the U.S. Department of Justice and are more inclined to await further guidance from the government.
Expert Analysis
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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8 Trends And Predictions Following PE's Late 2024 Surge
Private equity will remain at the forefront of value creation in 2025, and anticipated market trends include sponsors' desire to return capital to investors and a more business-friendly tack by the Antitrust Division of the U.S. Department of Justice, say attorneys at Weil.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.