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Securities
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June 16, 2025
DOJ Won't Charge PE Firm That Acquired Sanctions Violator
The U.S. Department of Justice has decided not to go after private equity firm White Deer Management LLC after it discovered and voluntarily disclosed that Unicat's former leadership had violated economic sanctions and export laws, according to an announcement made Monday.
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June 16, 2025
Krispy Kreme Brass Face Investor Suit Over McDonald's Deal
Officers and directors of doughnut chain Krispy Kreme Inc. are facing shareholder derivative claims that they concealed that a partnership with burger chain McDonald's was yielding disappointing results, hurting investors when the company finally conceded that it was facing financial uncertainty in connection with the deal.
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June 16, 2025
Maryland, Kalshi Clash Over Sports Contract Oversight
Maryland regulators and KalshiEx are dueling over whether the trading platform's past battle with the U.S. Commodity Futures Trading Commission to list its election contracts complicates its current bid to block Maryland regulators from taking action over contracts that allow traders to wager on the outcome of sporting events.
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June 16, 2025
Consolidated SVB Class Action Survives 3 Dismissal Bids
A California federal judge has rejected three bids to dismiss a proposed shareholder class action against Silicon Valley Bank's brass, underwriters and auditor stemming from the bank's 2023 failure, finding the plaintiffs' "well-pleaded" allegations can continue.
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June 16, 2025
Fla. Investor Exploited Puerto Rico Law To Avoid $7M Tax Bill
A Miami-Dade County investor has pled guilty to filing a false tax return with the Interanl Revenue Service in an attempt to shield $30 million in trading proceeds from capital gains taxes by moving to Puerto Rico and retroactively changing the status of his company to an S corporation.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
CFTC Founding Chair Bagley Dies At 96
The U.S. Commodity Futures Trading Commission's first chair, William T. Bagley, has died at the age of 96.
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June 16, 2025
Canadian Atty Must Pay SEC $323K Over Stock Promotion
A Canadian securities attorney will pay over $323,000 to resolve U.S. Securities and Exchange Commission allegations that he drafted and executed sham consulting agreements at the heart of a scheme to conceal pay-for-play promotion of two so-called Regulation A offerings.
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June 16, 2025
Chancery Taps Lead Counsel For Chemours Disclosures Suit
Schubert Jonckheer & Kolbe and The Brown Law Firm PC got the nod in Delaware's Court of Chancery on Monday to lead a consolidated stockholder derivative suit seeking damages on behalf of Chemours Inc. arising from an alleged $575 million manipulation of company reports over two years.
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June 16, 2025
SEC Calls For Trial In SolarWinds Data Breach Suit
The U.S. Securities and Exchange Commission is urging a New York federal judge to send its novel case against software developer SolarWinds Corp. to trial, arguing that the company hid its "pervasively poor cybersecurity practices" from investors ahead of a massive data breach that affected government and corporate clients.
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June 16, 2025
Trump Media Seeks To Launch Bitcoin And Ethereum ETF
Trump Media and Technology Group Corp., the owner of President Donald Trump's platform Truth Social, on Monday said it filed paperwork to launch an exchange-traded fund that will invest in bitcoin and ethereum, marking its latest push into digital assets.
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June 16, 2025
Fund Firm Must Face Investors' Suit Over Missing $18.5M
A Pennsylvania federal judge allows claims brought by former Exelon employees against the estate of a deceased retirement fund manager to proceed to discovery, ruling the employees, who claim they haven't been able to find their invested funds since the fund manager died, have sufficiently pled fraud and other counts.
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June 16, 2025
Opendoor Investors Score $39M Deal In Hyped Algorithm Suit
Real estate firm Opendoor Technologies Inc. has agreed to pay $39 million as part of an investor settlement presented to an Arizona federal court for preliminary approval to resolve litigation accusing the company of overhyping its pricing algorithm software.
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June 16, 2025
Energy Transfer Agrees To $15M Settlement In Pipelines Suit
Energy Transfer and a group of investors have reached a $15 million settlement to resolve a class action claiming the company misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, after a trial date for the case was scratched last month.
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June 16, 2025
Crypto Platform Tron Eyes Public Listing Via Reverse Merger
China-based cryptocurrency platform Tron plans to go public through a reverse merger with Nasdaq-listed toy manufacturer SRM Entertainment Inc., both parties announced on Monday, supported by a $100 million investment arranged by a bank linked to President Donald Trump's family.
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June 13, 2025
Gotbit To Pay $23M For Crypto Market Scheme
Crypto trading firm Gotbit Consulting LLC was ordered to forfeit approximately $23 million in seized cryptocurrency and sentenced to a five-year probation term in the government's suit accusing it of market manipulation, while its founder received an eight-month term.
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June 13, 2025
SEC Scrubs Biden-Era Agenda To Give Atkins A 'Clean Slate'
The U.S. Securities and Exchange Commission is backing away from promised Biden-era regulations on cybersecurity risk management, environmental disclosures and equity market reform, withdrawing over a dozen rule proposals as newly appointed Chair Paul Atkins seeks to rewrite the agency's agenda.
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June 13, 2025
Apple Lets Crypto Fraud Schemes Onto App Store, Suit Says
Apple has been hit with a class action in California federal court alleging it allows fraudulent cryptocurrency trading applications to exist and be available for download on its App Store, causing consumers to become victims of pig butchering and other trading scams.
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June 13, 2025
Ex-Vinco Ventures Chair Inks SEC Deal Over Investor Fraud
A former chairman of media and technology company Vinco Ventures Inc. who in April copped to lying about company operations and secretly ceding control of the business to his romantic partner has reached an agreement to end parallel U.S. Securities and Exchange Commission allegations.
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June 13, 2025
Quinn Emanuel Drops Binance Founder Amid $8M Fraud Suit
Quinn Emanuel Urquhart & Sullivan LLP has withdrawn as counsel for the founder of Binance amid an $8.1 million lawsuit against him, telling a Massachusetts federal judge that the former cryptocurrency exchange executive has breached an agreement with the law firm and moved for arbitration against it.
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June 13, 2025
Health Tech Co. Overstated AI Capabilities, Investor Suit Says
Health technology company Tempus AI Inc. and two of its executives face a shareholder class action over claims the company misrepresented its artificial intelligence capabilities, the value of its contracts and the credibility of certain joint ventures, among other things.
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June 13, 2025
PetroSaudi Unit Liquidators Seek Pause In $380M Award Suit
Liquidators seeking to establish control over a PetroSaudi unit that won a $380 million arbitral award asked a California federal judge to let them join U.S. Justice Department litigation targeting the award over ties to funds embezzled from a Malaysian sovereign wealth fund.
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June 13, 2025
Investor Seeks NY Court's Help In Sinovac Control Battle
An investor is asking a New York federal court for emergency injunctions preserving the status quo as it pursues arbitration in Hong Kong and Beijing stemming from a bitter, yearslong battle for control of Chinese vaccine maker Sinovac.
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June 13, 2025
Investment Co.'s Ex-Officer Gets 1 Year For Role In Fraud
A former officer for an investment company was sentenced to one year and one day in federal prison Friday for the recruiting and public-facing role he played in an investment scheme that took more than $1 million from victims.
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June 13, 2025
SEC, Ripple Again Ask NY Judge To Approve Settlement
The U.S. Securities and Exchange Commission and Ripple Labs Inc. have again urged a New York federal judge to approve lower penalties against the blockchain company citing "exceptional circumstances," following the judge's previous rejection of the joint request on procedural grounds.
Expert Analysis
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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FDIC Unlocks A Door To Banks' Potential Crypto Future
The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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The SEC's Administrative Law Courts Are At A Crossroads
The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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1st Circ. Ruling May Slow SEC Retail Investment Advice Cases
The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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How Proxy Advisory Firms Are Approaching AI And DEI
Institutional Shareholder Services' and Glass Lewis' annual updates to their proxy voting guidelines reflect some of the biggest issues of the day, including artificial intelligence and DEI, and companies should parse these changes carefully, say attorneys at Cahill Gordon.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.