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Securities
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
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July 18, 2025
CORRECTION: FirstEnergy Investors File Unredacted Discovery Brief
Editor's note: An article published Friday incorrectly referred to a court filing as new. The filing, which was a motion to compel discovery, was originally made in July 2023, but with redactions. It was refiled Thursday with the redactions removed. The redacted material described memoranda sought by the plaintiffs in the matter, among other things. A special master granted the motion in November 2023, and a federal judge in April 2024 overruled objections to the special master's order.
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July 18, 2025
Chancery Tosses Twitter Investor's $1.9M Stock Drop Suit
A Washington state computer software engineer who sued Elon Musk and affiliated entities in Delaware's Court of Chancery hoping to recoup a $1.88 million loss on Twitter shares he sold when Musk briefly backed out of a deal for the social media company lost on all counts on Friday.
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July 18, 2025
CME Exec Defends Traders' Membership Values On The Stand
CME Group CEO Terry Duffy testified on Friday that a data center the company built to accommodate electronic trading did not violate rights promised to members when they were asked to vote on a demutualization he characterized as a "windfall for every single person who owned membership on the exchange."
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July 18, 2025
Chancery Fast-Tracks Game Co. Suit Over $250M Earnout
A shareholder representative for a popular video game franchise won a Delaware Chancery Court partial fast-track Friday in a suit accusing the company's South Korean buyer of scheming to sabotage the acquired company's most promising game sequel to avoid paying a $250 million deal earnout bonus.
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July 18, 2025
Crypto Firms' OCC Charter Bids Draw Bank Industry Scrutiny
Major banking industry groups are warning the Office of the Comptroller of the Currency that approving pending bank charter bids from crypto-linked firms like Ripple could "represent a fundamental departure" from long-standing policy, urging the agency to delay action until more information about their plans is made public.
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July 18, 2025
2 Firms Score $35.5M Atty Fees In $71M Rate-Swaps Deal
Cohen Milstein Sellers & Toll PLLC and Quinn Emanuel Urquhart & Sullivan LLP have been awarded $35.5 million for their work on scoring $71 million in settlements of multidistrict litigation with top international investment banks, ending claims they allegedly schemed to limit market competition over interest rate swaps.
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July 18, 2025
9th Circ. Turns Away Wells Fargo's 'Sham' Hiring Appeal
The Ninth Circuit has said it will not hear Wells Fargo's appeal of an investor lawsuit accusing the company of conducting "sham" job interviews to meet a diversity quota, allowing thousands of shareholders to move forward with their claims as a class.
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July 18, 2025
Gibson Dunn Ends SEC Suit Over 'Dealer' Theory
Gibson Dunn & Crutcher LLP has dropped a suit accusing the U.S. Securities and Exchange Commission of violating the Freedom of Information Act by not producing requested records regarding enforcement actions against investors who provided convertible loans to public companies but were not registered as dealers.
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July 18, 2025
Retailer At Home Gets Final OK On $600M Bankruptcy Loan
A Delaware bankruptcy judge signed off Friday on furniture retailer At Home's request to borrow up to $600 million in Chapter 11 financing, approving the loan after the debtor resolved an objection from unsecured creditors.
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July 18, 2025
Fashion-Tech Biz Founder Charged With $300M Investor Fraud
The founder of bankrupt apparel technology company CaaStle Inc. defrauded investors out of $300 million, federal prosecutors in Manhattan said Friday, unsealing an indictment charging her with using sham documents to falsely promote a "rapidly growing business" supposedly worth $1.4 billion.
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July 17, 2025
Bitcoin Treasury Firm To Go Public Via $1.5B SPAC Deal
Bitcoin investment company BSTR Holdings Inc. announced on Thursday that special purpose acquisition company Cantor Equity Partners I Inc. will provide it with up to $1.5 billion in financing in a go-public deal, guided by Ellenoff Grossman & Schole LLP and Skadden Arps Slate Meagher & Flom LLP.
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July 17, 2025
Thrivent Challenges SEC Over FINRA Arbitration Rules
Financial services giant Thrivent has filed a petition in the D.C. Circuit Court of Appeals seeking to force the U.S. Securities and Exchange Commission to review three rules adopted by the Financial Industry Regulatory Authority that give the agency exclusive jurisdiction over arbitration disputes between brokers and their customers.
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July 17, 2025
Circle's Bank Plans Include Regulatory Vets At Helm
Stablecoin giant Circle has tapped Heath Tarbert, its president and former top derivatives regulator, as well as a former Office of the Comptroller of the Currency chief counsel to help oversee its proposed national trust bank, according to application materials made public Thursday.
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July 17, 2025
SEC Fraud Suit Against Ex-Online Pharmacy Execs Advances
A New York federal judge has declined to dismiss a majority of the U.S. Securities and Exchange Commission's claims against former executives of a now-defunct online pharmacy called Medly, finding the agency adequately pleaded that the executives made false statements or acted recklessly, among other misconduct.
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July 17, 2025
Accolade Faces $4.8M Suit Over Pre-Merger Profit Claims
Personalized healthcare solutions company Accolade Inc. was hit with an investor suit Thursday accusing it and its CEO of making false statements about its profitability to prop up share prices before announcing its plan to go private via a merger with healthcare company Transcarent Inc.
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July 17, 2025
3 Crypto Bills Pass House, With Stablecoins Headed To Trump
The House of Representatives on Thursday agreed to send a bill to regulate stable-value tokens to the president's desk, in addition to advancing proposals to regulate crypto markets and ban the government from exploring the issuance of a digital dollar onto the Senate.
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July 17, 2025
2 Firms To Lead Target Shareholder Suit Over DEI Initiatives
Rigrodsky Law PA and Levi & Korsinsky LLP will lead a now-consolidated shareholder derivative action accusing Target Corp.'s executives and directors of harming investors by greenlighting the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ-related merchandise.
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July 17, 2025
SEC Atty Exits After Hiding Revoked License, OIG Says
A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.
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July 17, 2025
Musk, SEC Seek More Time For Response In Twitter Case
Elon Musk and the U.S. Securities and Exchange Commission on Thursday jointly asked a D.C. federal court to allow the billionaire more time to respond to the agency's complaint that he failed to timely report his Twitter purchases before buying the platform and renaming it X.
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July 17, 2025
Former Club Rugby Champ Jailed For Crypto Ponzi Scheme
A Seattle federal judge on Wednesday sentenced a former national champion club rugby player to 30 months in prison for wire fraud after he defrauded investors with promises of building a new cryptocurrency mining operation.
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July 17, 2025
Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.
Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.
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July 17, 2025
DMC Global Brass Sued Over Arcadia Acquisition
Executives and directors of industrial company DMC Global Inc. have been hit with a shareholder derivative suit in Colorado federal court accusing them of allowing the company to exaggerate the prospects and financial health of a manufacturing segment it acquired in 2021.
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July 17, 2025
CFTC Restructures Enforcement Division Amid Layoffs
The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.
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July 17, 2025
Firm Named Lead Counsel For REIT Securities Fraud Class
The Rosen Law Firm PA will serve as lead counsel for a proposed class of Sun Communities investors who claim the real estate investment trust failed to disclose that its CEO received a loan from a board member's relatives.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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SEC Confidential Review Process Provides Issuers Flexibility
The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.