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Securities
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July 10, 2025
Ex-Bank CEO Depo Blocked On 5th Amendment Concerns
A Florida federal judge Thursday blocked the deposition of a former Puerto Rican bank CEO in a suit alleging a $28 million fraud while a related criminal case is pending against him, but suggested the plaintiffs move forward requesting other documents and depositions that would not implicate the CEO's Fifth Amendment right.
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July 10, 2025
Brookdale's $1.9M Deal Ends Investor Suit On Understaffing
An investor in retirement home operator Brookdale Senior Living Inc. has gotten a final nod for a deal settling her understaffing claims against the company's executives and directors in exchange for corporate reforms and fees and expenses totaling $1.9 million for her legal team.
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July 10, 2025
Stitch Fix Must Face Most Claims In Investor Action
A California federal judge has declined to toss a revised complaint alleging that Stitch Fix Inc. and two of its former executives deceived investors about the impact of a new business line, saying the suit adequately made the case that the defendants knowingly made misleading statements.
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July 10, 2025
Senate Confirms Gould As OCC Head
The U.S. Senate on Thursday confirmed Jones Day partner Jonathan Gould as Comptroller of the Currency in a 50-45 vote along party lines, marking his return to the agency where he spent more than two years as chief counsel.
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July 09, 2025
Florida Court Nixes $5.8M Ruling, Says Loans Not Securities
Florida's Third District Court of Appeal on Wednesday reversed and remanded a roughly $5.8 million judgment in a dispute regarding loan participation agreements between a commercial lender and an investment firm, saying the agreements weren't securities and were instead "routine commercial transactions."
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July 09, 2025
Senators Weigh Principles To Guide Crypto Market Rules
Senate Democrats and a former chair of the U.S. Commodity Futures Trading Commission homed in on the importance of preserving the strength of existing securities laws during a Wednesday hearing where senators and industry experts previewed their priorities for the chamber’s coming crypto market structure proposal.
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July 09, 2025
Give Investors Partial Class Cert In DiDi Suit, Judge Suggests
Investors in DiDi Global Inc., a ride-hailing business based in China, should receive class certification for some of their claims in a suit alleging that the company hid enterprise-threatening regulatory risks during its initial public offer in 2021, a federal magistrate judge has determined.
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July 09, 2025
Former Josh Wine Exec Sues Over Soured Buyout Deal
The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."
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July 09, 2025
Linqto Users Say Founder Flouted Securities Laws
Customers of recently bankrupt private investment platform Linqto sued its founder and former CEO in New York federal court on Wednesday, alleging in a proposed class action that he disregarded securities laws and oversaw aggressive and misleading marketing to lure investors.
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July 09, 2025
2nd Circ. Pressed For Second Look At Novel Trading Dispute
An Estée Lauder shareholder is calling for the full bench of the Second Circuit to rehear a case he argues created a "judicially sanctioned loophole" that allows corporate insiders to retain profits they made on short-swing profits.
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July 09, 2025
Most Claims Tossed In $60M Mortgage Loan Sale Fraud Case
Western Alliance Bank and others have escaped several claims in a $60 million suit accusing them of conducting a mortgage loan sale scheme to steal an investment management firm's property rights in the loans and their proceeds.
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July 09, 2025
Fla. Man Admits To Insider Trading On Google-ADT Deal
A Florida man has pled guilty to trading shares of ADT Inc. after learning from a family member about a planned investment in the security company from Google, which ultimately reaped him a profit of more than $314,000.
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July 09, 2025
Former SEC Officials Discuss Agency's New Priorities
Though swift regulatory and enforcement changes at the U.S. Securities and Exchange Commission have created a more business-friendly environment, three agency veterans now at Gibson Dunn & Crutcher LLP caution to watch out for compliance landmines.
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July 09, 2025
Feds Charge Pair In Alleged $650M Investment, Crypto Scam
Two men have been indicted in Puerto Rico for allegedly operating and promoting OmegaPro, an international investment scheme that prosecutors say defrauded investors of more than $650 million.
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July 09, 2025
Hecker Fink Welcomes Longtime Cravath Trial Lawyer In NY
Hecker Fink LLP announced Wednesday that a longtime Cravath Swaine & Moore LLP attorney known for her work on high-stakes commercial litigation has joined its New York office.
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July 08, 2025
Intel Seeks Final Toss Of Investor Suit Over Chip Struggles
Intel Corp. urged a California federal judge Tuesday to permanently toss a twice-amended complaint from investors claiming the company concealed struggles with expanding its domestic computer chip manufacturing, arguing that the plaintiff doesn't claim that Intel made any misleading statements.
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July 08, 2025
Alphabet's $500M Investor Deal Over Compliance Gets 1st OK
A California federal judge gave preliminary approval Tuesday to Google parent Alphabet's Inc.'s settlement with investors alleging that executives engaged in anticompetitive and monopolistic practices, saying she wants to hear shareholders' reactions to Alphabet's agreement to spend $500 million over the next decade building a global regulatory compliance program before she grants final approval.
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July 08, 2025
Puerto Rico Bond Suit Doesn't Belong In Conn., Insurers Say
The insurers of billions in bonds issued by the Puerto Rico Sales Tax Financing Corp. say a Connecticut federal judge can't hear a proposed class action accusing them of failing to pay bondholders the full value of their investments after a 2016 bankruptcy default.
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July 08, 2025
CME Says Investors Shouldn't Get $2B Over Trading Changes
A class of CME Group members seeking more than $2 billion over allegedly broken promises to preserve their exclusive floor trading rights following a demutualization should lose their case because they're not entitled to something their decades-old contracts never contemplated, counsel for the exchange operator told an Illinois jury Tuesday.
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July 08, 2025
Chancery OKs Spike Of Bumble Committee Stock Suit
A Delaware vice chancellor cleared the way late Tuesday for termination of a suit seeking derivative damages for Bumble Inc. arising from a $1.1 billion sale of shares by the dating app giant's private equity controller ahead of a stock drop allegedly fueled by bad news in late 2021.
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July 08, 2025
Crypto Firm ReserveOne To Go Public Via $1B SPAC Merger
Crypto asset management firm ReserveOne announced Tuesday that a special purpose acquisition company plans to take it public in a transaction that's expected to bring in more than $1 billion in proceeds as it pursues its novel crypto reserve strategy.
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July 08, 2025
Mylan Securities Class Action Over W.Va. Plant Will Proceed
A Pennsylvania federal judge on Tuesday denied a win for former pharmaceutical company Mylan NV in a proposed shareholder class action accusing the company of manipulating quality control tests at a West Virginia plant, saying the plaintiff has met the burden of showing a link between misrepresentations and financial losses.
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July 08, 2025
Trump Media Files Plans To Launch 'Blue Chip' Crypto ETF
Trump Media and Technology Group Corp., the owner of President Donald Trump's platform Truth Social, on Tuesday filed documents to launch an exchange-traded fund that will invest in five cryptocurrencies, marking its latest cryptocurrency-focused ETF proposal.
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July 08, 2025
Wells Fargo Wants Investors' 'Sham' Hiring Suit Tossed
Wells Fargo & Co. is once again looking to rid itself of a California-based class action accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not found any evidence that so-called sham job interviews were widespread at the bank.
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July 08, 2025
Fla. Probes Internet Figures, REIT And Suspect Ponzi Scheme
Florida Attorney General James Uthmeier on Tuesday announced his office has subpoenaed two internet personalities and their real estate investment trust based on allegations that they pocketed money intended for property purchases in what authorities say appears to be a Ponzi scheme.
Expert Analysis
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Does R-Squared Have A Role In Event Study Analysis?
With 2024 marking the second consecutive year to experience an increase in securities class action filings, determining the reliability of event study models is of utmost importance, but it's time to reconsider the traditional method of doing so, say analysts at StoneTurn Group.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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9th Circ. Ruling Clarifies Derivative Suit Representation Test
The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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4th Circ. Latest To Curb Short-Seller Usage In Securities Suits
The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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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.