Securities

  • June 05, 2025

    Del. Court Scuttles Salvage Co. Investor's Doc Suit Appeal

    An ocean salvage company stockholder's attempt to refloat a rejected Delaware Court of Chancery suit for documents on a more than decade-long treasure hunt off Cape Cod, Massachusetts, sank again Thursday after a vice chancellor found that a magistrate in chancery made the right call.

  • June 05, 2025

    NJ Judge Trims Pool Equipment Maker Shareholder Suit

    A New Jersey federal judge has dismissed some claims in a proposed investor class action alleging pool supply company Hayward Holdings Inc. concealed it was struggling with ballooning inventory and lowered demand, but ruled that some of the claims, including the claims against the company's consortium, can continue.

  • June 05, 2025

    SEC Panel Backs Rules Curbing Advisers' Arbitration Power

    An investor-focused committee recommended Thursday that the U.S. Securities and Exchange Commission enact rules governing mandatory arbitration clauses between registered investment advisers and their clients, concerned that such clauses can harm investors.

  • June 05, 2025

    Crypto Hedge Fund Co-Founder To Pay $944K In SEC Suit

    A co-founder of hedge fund firm BKCoin Management LLC has agreed to pay $944,000 to the U.S. Securities and Exchange Commission to resolve claims that he and the Miami-based investment adviser fraudulently raised $100 million from 55 investors between 2018 and 2022 under the guise of investing in crypto assets.

  • June 05, 2025

    SPAC Inks $4.75M Deal To End Merger Misrepresentation Suit

    The directors and controlling stockholders of special purpose acquisition company Graf Industrial Corp. have agreed to pay $4.75 million to resolve claims that they misled investors ahead of a 2020 merger with Velodyne Lidar Inc.

  • June 05, 2025

    How Trump's Pardons Could Sway Prosecutorial Discretion

    As President Donald Trump dismantles a growing list of white collar criminal cases with a flurry of clemency grants early in his second term, erasing years of investigative and prosecutorial work with a stroke of his black Sharpie, experts worry his actions will have a chilling effect on prosecutorial decision-making.

  • June 05, 2025

    Ex-Wells Fargo Worker Says 'Herculean' Win Backs Fee Bid

    An ex-Wells Fargo worker awarded $22.1 million in his case claiming he was fired out of disability bias defended his request for $1.5 million in attorney fees, telling a North Carolina federal court his counsel's "superior lawyering" and "herculean effort" justified the proposed award.

  • June 05, 2025

    Bernstein Litowitz Can Hire Ex-SEC Atty Over Musk Objection

    A New York federal judge on Thursday gave the all-clear for investor-side firm Bernstein Litowitz Berger & Grossmann LLP to hire the U.S. Securities and Exchange Commission's former litigation chief over the objections of Elon Musk.

  • June 05, 2025

    Hedge Fund Founder Hits Ch. 11 After $113M Judgment

    The founder of the bankrupt Weiss Multi-Strategy Advisers has himself sought Chapter 11 protection in Florida after a New York judge granted a nearly $113.5 million judgment against him in favor of his firm's largest creditor.

  • June 05, 2025

    High Court Drops Class Cert. Clarification Bid

    The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.

  • June 04, 2025

    Spain Pays $27M Renewable Energy Incentive Scheme Award

    In what appears to be a first of its kind development, Spain has paid a €23.5 million ($26.8 million) arbitral award owed to Blasket Renewable Investments LLC after the country dialed back a series of economic incentives aimed at encouraging renewable energy projects.

  • June 04, 2025

    Ex-CFTC Chair Warns Crypto Bill's Loopholes Still Too Wide

    Former leaders of the Commodity Futures Trading Commission on Wednesday told U.S. House lawmakers mulling a bill to regulate cryptocurrency markets that the legislation needs to close potential regulatory loopholes and that Congress must expand the agency's resources if they expect it to police the bulk of the digital asset space.

  • June 04, 2025

    Barclays Investors Can't Redo Unregistered Securities Suit

    A New York federal judge has declined to reconsider his dismissal of a securities class action alleging Barclays misled investors about its internal controls and unregistered securities sales, which eventually triggered so-called short squeezes, finding that the plaintiffs' most recent arguments are "unavailing" for the same reasons that led to their dismissal.

  • June 04, 2025

    Navios CEO Sued Over 'Disloyal' Share Buyback Scheme

    Two investors of shipping and logistics company Navios Maritime Holdings Inc. say the company's CEO and board of directors ran a scheme to devalue preferred shares after taking the company private, supposedly concealing plans to delist the stock and buy it back at fire-sale prices.

  • June 04, 2025

    Judge Grills Kidde-Fenwal About Missing Info In Disclosures

    A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.

  • June 04, 2025

    Bowman Confirmed As Trump's Top Banking Regulator At Fed

    Senators on Wednesday confirmed Federal Reserve Gov. Michelle Bowman to become the central bank's next vice chair for supervision, elevating the former Kansas community banker to a powerful perch overseeing many of the biggest Wall Street financial institutions.

  • June 04, 2025

    SEC Gets $1.1M Win Against Alleged Ga. Crypto Scammer

    A Georgia man is on the hook for over $1.1 million in penalties after failing to defend himself from U.S. Securities and Exchange Commission allegations he ran an $800,000 affinity fraud scheme involving a purported cryptocurrency he said was backed by gold and stem cell technology. 

  • June 04, 2025

    3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases

    A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.

  • June 04, 2025

    Heart Device Maker iRhythm Gets Investor Claims Trimmed

    A California federal judge has trimmed a class action accusing digital healthcare company iRhythm Technologies of making false and misleading statements about its heart-event monitoring device, finding that the suit does not plausibly plead knowledge of wrongdoing for most individual defendants, among other things.

  • June 04, 2025

    SEC Seeks Input On Tightening Perks For Foreign Issuers

    The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.

  • June 04, 2025

    Davis Polk, Skadden Guide Circle's Upsized $1B IPO

    Venture-backed stablecoin issuer Circle Internet Group Inc. on Wednesday priced an upsized $1.05 billion initial public offering above its marketed range amid strong demand, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.

  • June 04, 2025

    Last Defendant In 'Shell Factory' Scheme Gets 1½ Yrs

    A Florida federal judge Wednesday sentenced the final defendant rounded up in the "Shell Factory Fraud" to 18 months in prison for his role in creating fake shell companies as part of a pump-and-dump scheme.

  • June 04, 2025

    SEC Says Accountant Errors Don't Doom Crowdfunding Case

    The U.S. Securities and Exchange Commission told a Michigan federal judge Wednesday that mistakes in one of its accountant's declarations do not warrant the dismissal of its first crowdfunding enforcement action, arguing the SEC's lawyers acted in good faith when they alerted the court to the errors.

  • June 04, 2025

    Willkie Farr Hires Financial Services Partner In DC

    Willkie Farr & Gallagher LLP has hired a McGuireWoods LLP attorney as a partner in Washington, D.C., to advise corporations on a range of legal issues, the firm announced Tuesday.

  • June 04, 2025

    Titan Of The Plaintiffs Bar: Bernstein Litowitz's Salvatore Graziano

    When Bernstein Litowitz Berger & Grossmann LLP's Salvatore Graziano made the switch from prosecution to securities litigation in the '90s, he realized he had an uphill battle ahead of him.

Expert Analysis

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    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.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    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.

  • How To Accelerate Your Post-Attorney Career Transition

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    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.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    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.

  • How Tariffs May Affect Proxy Contests This Season

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    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.

  • A Closer Look At New NYSE, Nasdaq Listing Rule Changes

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    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.

  • Opinion

    GENIUS Act Can Bring Harmony To Crypto-Banking Discord

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    ​​​​​​​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.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    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.

  • SEC Confidential Review Process Provides Issuers Flexibility

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    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.

  • Series

    Birding Makes Me A Better Lawyer

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    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.

  • How Del. Law Rework Limits Corporate Records Requests

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    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.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    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.

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    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.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • SEC Crypto Mining Statement Delivers Regulatory Clarity

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    The U.S. Securities and Exchange Commission's March 20 statement clarifying that certain crypto mining activities do not constitute the offer and sale of securities marks the end of the SEC's enforcement-first approach and ushers in a more predictable environment for blockchain innovation and investment, says Jeonghoon Ha at Ha Law.

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