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Securities
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October 03, 2025
6th Circ. Says FirstEnergy's Bribery Probe Docs Are Privileged
The Sixth Circuit on Friday vacated a district court's order forcing FirstEnergy to disclose to investors its internal investigation materials amid a $1 billion bribery scandal involving an Ohio lawmaker, ruling that the materials were "clearly" protected by the attorney-client privilege and work-product doctrine.
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October 03, 2025
SEC Lands $4M Judgment In Advisory Firm Fraud Case
A defunct investment advisory firm is on the hook for a $2 million civil penalty and, together with its former co-owner, another $2 million in disgorgement as part of a resolution of a U.S. Securities and Exchange Commission suit accusing the co-owner of siphoning funds from her elderly female advisory clients.
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October 03, 2025
UiPath Beats Investor Suit Over Robot Competition Claims
Automation software company UiPath Inc. has shed investor claims it misrepresented the competitive risks it faced after a Manhattan federal judge rejected in its entirety a lengthy revised suit that the judge said reintroduced claims she'd tossed earlier.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Press Freedom Org. Backs Overturn Of SEC 'Gag Rule'
The Freedom of the Press Foundation is urging the Ninth Circuit to reconsider its decision to uphold the U.S. Securities and Exchange Commission's "gag rule," arguing that preventing settling parties from speaking out harms the public's right to know what is happening inside the agency.
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October 03, 2025
Huntington's $1.9B Veritex Deal Gets Final Fed Approval
Huntington Bancshares Inc. on Friday secured the Federal Reserve's sign-off on its $1.9 billion acquisition of Veritex Holdings Inc., wrapping up the required regulatory approvals for the merger less than three months after it was announced.
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October 03, 2025
Investor Claim Cannabis Co. Seller Hid $16M In Unpaid Taxes
California cannabis company Prime Harvest Inc. claims it was fraudulently induced into buying a cannabis distribution business that was saddled with $16 million in unpaid taxes, asking a state court to force the sellers to take back the distributor.
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October 03, 2025
Zynex Investors Seek To Merge, Stay Insider Trading Suits
Zynex shareholders who accused company executives of inflating stock prices to cash out on shares asked a Colorado federal judge on Friday to consolidate and temporarily pause their derivative suits to wait and see how a related proposed securities class action involving significant similar facts and circumstances plays out.
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October 03, 2025
Crypto Investment Co. Accused Of Funding Fraudsters
A Georgia investor has filed a lawsuit against a private equity firm and its management, alleging that she lost her $200,000 investment in a cryptocurrency arbitrage to an international fraud scheme enabled by the firm's managers.
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October 03, 2025
Linqto's Private Stock Deal Clears Bankruptcy Court Hurdle
Investment platform Linqto received a Texas bankruptcy judge's approval for a novel Chapter 11 settlement with customers that would offer them a version of the exposure to private startups the company purported to sell before seeking Chapter 11 protection in July.
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October 03, 2025
Del. Justices Uphold Toss Of Ad Co. Note Conversion Claim
With little discussion, a Delaware Supreme Court panel on Friday affirmed on appeal a Court of Chancery decision that advertising tech company Vistar Media Inc. had a right to cash out millions' worth of matured investor notes over noteholder objections.
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October 03, 2025
Weapons Check Co. Insiders Sued In Del. After System Failure
A stockholder of weapons screening developer Evolv Inc. has sued 20 current and former company directors and officers in Delaware's Court of Chancery, in a five-count derivative suit seeking damages linked to reports that Evolv systems fell short in catching threats.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Ga. Insurer Can't Skirt Suit Over NC Captive Insurer's Collapse
A Georgia insurance company can't slip out early from a fight over a defunct captive insurer's demise, a North Carolina Business Court judge has ruled, finding the company's owners directed actions into the Tar Heel state sufficient for it to be pulled into litigation there.
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October 03, 2025
$1T Tesla Pay Proposal Sets Ambitious Goals For Musk
A massive pay proposal for Tesla CEO Elon Musk contains performance metrics that would make it tough for Musk to pull in the maximum pay available, even if the deal gets a green light from shareholders in November. Here are four things about the $1 trillion pitch that have caught attorneys' attention.
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October 03, 2025
NCUA, US Bank Settle Crisis-Era RMBS Trustee Lawsuit
The National Credit Union Administration Board and U.S. Bank told a New York federal judge that they have reached a settlement in principle in a suit over U.S. Bank's role as trustee for crisis-era residential mortgage-backed securities trusts.
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October 02, 2025
Veteran Services Co. Must Face Chancery Self-Dealing Claims
A Delaware Chancery judge refused to dismiss fiduciary duty claims against a veterans services company's top executives, ruling that a shareholder who sued over the company's 2023 merger into a limited liability company adequately alleged that it may have been structured to shield its leaders from accountability.
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October 02, 2025
Del. Chancellor Advances Pruned $75B Activision Merger Suit
Delaware's chancellor kept in play late Thursday much of an Activision Blizzard stockholder suit challenging the company's $75.4 billion merger with Microsoft, rejecting multiple dismissal motions, approving others and writing that a "slimmed-down" version of the complaint can go forward — adding, "Game on."
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October 02, 2025
Bain Inside Trade Claims Advance In Del. Cerevel Sale Suit
Delaware's Court of Chancery on Thursday kept alive a pension funds suit alleging that private equity firm Bain Capital Investors LLC and others traded on inside information in the run-up to a secondary sale ahead of biopharmaceutical venture Cerevel Therapeutics Holdings Inc.'s $8.7 billion acquisition by AbbVie.
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October 02, 2025
FINRA Fines CashApp Unit $375K Over Data Protection Lapse
The brokerage unit of payments giant Cash App will pay a $375,000 fine to the Financial Industry Regulatory Authority to resolve claims it failed to keep user data safe after a former employee downloaded reports containing personal information on millions of the firm's customers.
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October 02, 2025
Investors Claim $1.7M Stolen In Colorado Pot Co. Fraud
The partial owner of a now-defunct marijuana company in Boulder, Colorado, has been accused in a state court lawsuit of conning investors out of more than $1.7 million by claiming they were buying into a grow and dispensary operation while actually pocketing "some or all" of the money.
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October 02, 2025
Bored Ape NFTs Aren't Securities, Judge Holds
A California federal judge tossed a proposed securities class action against the firm behind the popular Bored Ape non-fungible token collection and its celebrity promoters, saying the token sales didn't amount to securities transactions.
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October 02, 2025
Aramark, Vestis Can't Nix Investor Suit Over Spinoff's Woes
Uniform supplier Vestis Corp. and food and facilities services giant Aramark can't shed proposed shareholder class action claims that they misled investors about Vestis' operations and customer relationships prior to its 2023 spinoff from Aramark.
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October 02, 2025
FINRA Fines Broker-Dealer $1M On Lax-Surveillance Claims
The Financial Industry Regulatory Authority is requiring New Jersey-based broker-dealer Velocity Clearing LLC to hire an independent consultant and pay a $1 million fine to settle the regulator's claims that Velocity has failed to take reasonable measures to prevent manipulative trading.
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October 02, 2025
7th Circ. Bucks SEC Request To Pause Cboe Case
The Seventh Circuit has rejected a bid by the U.S. Securities and Exchange Commission and Cboe Exchange Inc. to postpone upcoming oral arguments in a case challenging the SEC's ability to regulate certain Cboe software, telling the parties the arguments will go forward as planned while they discuss a possible deal to end the suit.
Expert Analysis
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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.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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Liquidity Rule Compliance Still Vital Even After SEC Dismissal
Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.