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Securities
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June 20, 2025
MicroStrategy Brass Face Suit Over $5.9B Bitcoin Loss
Executives and directors of bitcoin-focused software company MicroStrategy Inc. face a shareholder derivative complaint alleging they made over $31 million selling off company stock while its shares were artificially inflated by misrepresentations about the magnitude of upcoming changes to the company's accounting practices for its so-called bitcoin treasury.
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June 20, 2025
Many Foreign Firms Could Face Stricter Access To US Markets
The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.
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June 20, 2025
Trump Inks Rollback Of Biden-Era OCC Bank Merger Rule
President Donald Trump on Friday signed legislation nullifying the Office of the Comptroller of the Currency's Biden-era bank merger rule, clinching a Republican campaign to overturn what industry groups criticized as an overly restrictive and unclear framework for reviewing proposed transactions.
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June 20, 2025
Legal And Finance Influencer To Settle Over FTX Promotion
Attorney and personal finance influencer Erika Kullberg and the talent agency she founded have reached a deal with FTX investors over their alleged roles promoting the now-collapsed crypto exchange.
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June 20, 2025
8th Circ. Sends SEC's $12M Dealer Suit Back To District Court
The Eighth Circuit on Friday granted a request from the U.S. Securities and Exchange Commission to remand a $12 million unregistered dealer judgment the agency won against financial firm Carebourn Capital LP back to the district court, despite Carebourn's bid to keep the matter in the federal appeals court.
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June 20, 2025
Senate's CFPB, PCAOB Cuts Hit Parliamentarian Roadblock
The U.S. Senate parliamentarian has thrown cold water on the Senate Banking Committee's bids to defund the Consumer Financial Protection Bureau and eliminate the Public Company Accounting Oversight Board as part of the "One Big Beautiful" budget megabill, but the panel's top Republican is vowing to keep seeking further spending cuts.
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June 20, 2025
Apple Hit With Securities Suit Over IPhone AI Feature Delays
An Apple investor hit the tech giant and its top brass with a proposed securities class action in California federal court Friday, alleging they duped investors into believing Apple would launch new artificial intelligence Siri features on the iPhone 16 and caused Apple stock to tumble after the rollout was delayed repeatedly.
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June 20, 2025
Concrete Biz Investors Sue In Del. After Book, Record Denials
Stockholders of a U.S. concrete company taken private in an $11.5 billion merger in February sued the business for books and records on Friday, arguing the company's denial of access wrongly cited the previous dismissal of a shareholder suit alleging unfair merger terms.
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June 20, 2025
SEC Weighs Settlement After 1st Circ. Pulls $93M Win
The U.S. Securities and Exchange Commission has entered settlement negotiations with Massachusetts-based financial firm Commonwealth Financial Network, two months after the First Circuit nixed the agency's $93 million win against the company, according to a court document filed Friday.
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June 20, 2025
SEC Axes 3 More Dealer Suits In Continued Policy Shift
The U.S. Securities and Exchange Commission has voluntarily dismissed three lawsuits accusing a hedge fund and two penny stock traders of operating as unregistered securities dealers, continuing the new Republican leadership's shift away from pursuing cases that defendants argued unlawfully expanded agency oversight.
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June 20, 2025
Investor Can't Get Emergency Injunction In Sinovac Battle
A New York federal judge will not grant an investor an emergency injunction to preserve the status quo as it pursues arbitration in Hong Kong or Beijing stemming from a bitter, yearslong battle for control of Chinese vaccine maker Sinovac, saying the investors have not demonstrated a likelihood of "irreparable harm."
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June 20, 2025
NJ Tech Co. Brass Face Suit Over NASA Partnership Claims
Executives and directors of Quantum Computing Inc. have been hit with a shareholder's derivative lawsuit accusing them of misleading investors on the company's dealings with NASA, its revenues and its progress on building a chip foundry.
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June 20, 2025
Chancery OKs Expedited Trial In Nielsen Co. Suit
Nielsen Holdings Ltd. won an early partial victory Friday in a suit accusing a consumer intelligence venture it spun off in 2021 of seeking to cut off access to data used by the former parent and another business Nielsen Holdings intends to sell to the spinoff's competitor, Circana LLC.
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June 20, 2025
Exxon Says Class Action Trial Should Be Pushed To 2026
Exxon Mobil told a federal court Friday that a November trial in a class action accusing the oil giant of misleading investors should be delayed, writing that the class is seeking a trial on new theories of liability that were not presented at class certification.
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June 20, 2025
Wells Fargo Escapes Ex-Worker's Suit Over 401(k) Forfeitures
Wells Fargo defeated a proposed class action claiming it unlawfully used forfeited 401(k) funds to offset its own contributions instead of covering retirement plan expenses, as a Minnesota federal judge said the plan didn't require the company to pay for elective services.
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June 20, 2025
4 ERISA Cases To Watch In The 2nd Half Of 2025
The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.
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June 18, 2025
Rio Tinto Agrees To $139M Mongolian Mine Suit Settlement
Rio Tinto agreed to pay $139 million to resolve a putative securities class action that accused the mining giant of concealing delays and cost overruns in a $7 billion copper-gold mine development in southern Mongolia, according to a group of investment funds' Wednesday motion for the settlement's preliminary approval.
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June 18, 2025
Alphabet, Investors Face Judge's Questions Over $500M Deal
A California federal judge has questions about an investor settlement with Google's parent company, Alphabet Inc., which agreed to earmark half a billion dollars over the next 10 years to overhaul its global compliance structure to resolve claims against company leaders of anticompetitive and monopolistic practices.
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June 18, 2025
Toyota Says DOJ Has Closed Thai Bribery Probe
Toyota said Wednesday that the U.S. Department of Justice has closed a long-running Foreign Corrupt Practices Act investigation concerning allegations of bribery at its Thai subsidiary, the latest such probe to be dropped under the Trump administration.
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June 18, 2025
OCC Orders Earnings, Strategy Overhaul For 'Troubled' Carver
Carver Federal Savings Bank, one of the nation's largest Black-led banks, has agreed to undertake new strategic planning and efforts to improve its earnings in response to regulatory concerns flagged by the Office of the Comptroller of the Currency.
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June 18, 2025
NY Prosecutors Seize Crypto Linked To Social Media Scams
New York Attorney General Letitia James on Wednesday said her office and the Brooklyn District Attorney's Office collaborated to seize and freeze $440,000 worth of cryptocurrency that was stolen via Facebook scams targeting Russian-speaking communities in the city and beyond.
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June 18, 2025
Anavex Gets Suit Over Rett Syndrome Clinical Trials Nixed
A New York federal judge tossed an Anavex investor's proposed class action alleging she suffered losses from its misleading statements regarding methodologies used in neurological treatment clinical trials, ruling that stock prices rose from the day the statements were made after Anavex made corrective disclosures in a pre-market earnings call.
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June 18, 2025
Pilgrims Pride Investors Get Final OK To $41.5M Deal
Investors of poultry giant Pilgrim's Pride Corp. received the final nod for a $41.5 million deal to settle claims that trading prices for the company's shares were artificially inflated amid its participation in a broiler chicken price-fixing scheme.
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June 18, 2025
Sotera Investors Urge 6th Circ. To Reopen Toxic Gas Suit
Sotera Health investors are seeking to revive a lawsuit accusing the company of concealing the carcinogenic nature of a gas used at its sterilization plants, telling the Sixth Circuit that the company knew that its "outrageous and cynical" behavior would cost it hundreds of millions of dollars.
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June 18, 2025
AI Software Co. Cerence's Leaders Beat Shareholder Suit
A Massachusetts federal judge Wednesday tossed a consolidated derivative shareholder suit against the top brass of artificial intelligence software company Cerence Inc. over its revenue reporting, saying the plaintiffs did not make a presuit demand on the company's board and have failed to show that such a demand would have been futile.
Expert Analysis
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SEC's Crypto Statement Offers Clarity On Disclosures
While the crypto industry awaits a definitive rule from the U.S. Securities and Exchange Commission on whether a crypto-asset is a security, its recent guidance provides a road map for registrants seeking to comply with current disclosure requirements and shows the commission is working toward a comprehensive regulatory framework, say attorneys at Debevoise.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Strategies To Limit Inherent Damage Of Multidefendant Trials
As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.
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Parsing The SEC's New Increased Co-Investment Flexibility
The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.
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Cos. Must Assess And Prepare For Cartel-Related FCPA Risks
Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.