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Securities
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May 30, 2025
Ex-Wells Fargo Exec Sues To Enforce DOL Retaliation Order
A former senior official with Wells Fargo Bank NA has filed suit in a California federal court to force the bank to comply with an order from a U.S. Department of Labor agency finding he is entitled to more than $20 million for purported retaliation after he blew the whistle on legal concerns and was subsequently fired.
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May 30, 2025
Convicted Crypto Investor's Wife Says Gov't Can't Seize Funds
The wife of a bitcoin investor sentenced to prison for concealing millions of dollars from the IRS asked a Texas federal court Friday to stop the federal government from taking her money to help make up for $1 million in restitution stemming from his cryptocurrency sales.
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May 30, 2025
OFAC Sanctions Philippine Biz, Alleging Role In Cyber Scams
The Office of Foreign Assets Control has sanctioned a Philippines-based technology company for allegedly providing computer infrastructure to "hundreds of thousands" of websites involved in virtual currency scams, according to a statement.
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May 30, 2025
REIT Investors' $12M Deal Over NexPoint Merger Get Final OK
A New York federal judge granted final approval to a $12 million securities class action settlement reached with Jernigan Capital investors who alleged the defendants omitted material information amid a 2020 sale to NexPoint Advisors, and awarded $3.9 million in fees Thursday to lead counsel for prosecuting the case.
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May 30, 2025
Texas Law Firm Beats Atty's Suit Over Stock Redemption
A Texas state appeals court has upheld Friedman Suder & Cooke PC's win in its decade-long dispute with a former shareholder over the redemption of his shares when he was let go, affirming a trial court ruling declaring the redemption "effective and operative."
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May 30, 2025
Taxation With Representation: Kirkland, Cravath, Latham
In this week's Taxation With Representation, WiseTech completes a $2.1 billion merger with E2open, Acrisure buys a payroll management company for $1.1 billion and Hailey Bieber sells her Rhode skincare and makeup company to e.l.f. beauty for $1 billion.
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May 29, 2025
ZoomInfo Wants Out Of Investors' Accounting Fraud Claims
Software company ZoomInfo Technologies Inc. urged a Washington federal judge to toss a proposed investor class action accusing it of making missteps in an effort to retain new pandemic-era customers, claiming the "fraud-by-hindsight" allegations are inactionable.
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May 29, 2025
Judge Trims Most, But Not All, Of Grifols Suit Over Share Price
A New York federal judge Thursday tossed several defamation claims made by Spanish healthcare company Grifols SA against short seller Gotham City Research, finding that the claims are opinions and therefore inactionable, while keeping alive a claim tied to statements in the report that Grifols failed to disclose a $95 million loan, finding it was a factual statement.
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May 29, 2025
$17.5M TaskUs Investor Deal Gets Magistrate's Endorsement
A federal magistrate judge has recommended preliminary approval of a $17.5 million settlement between digital solutions providers TaskUs and its investors who claim the company made false statements about its turnover and Glassdoor ratings, saying the parties' revisions to the deal are justified.
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May 29, 2025
Investment Firm Says It Was Duped Into $349M Dental Deal
Investment firm TSG8 SDB Group Holdings LP has filed suit in Delaware Superior Court claiming a Texas-based holding company tricked it into pouring $349 million into a specialty dental practices platform based on fake financials and phony growth claims, and hid the business's problems just long enough to cash out.
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May 29, 2025
House Introduces CFTC-Focused Crypto Market Structure Bill
A bipartisan group of House lawmakers introduced a long-awaited proposal to regulate crypto markets on Thursday that would establish a registration path at the U.S. Commodity Futures Trading Commission and codify the boundaries of jurisdiction between commodities and securities regulators.
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May 29, 2025
PCAOB Taps New Acting General Counsel
The Public Company Accounting Oversight Board on Thursday announced that Connor Raso has been appointed acting general counsel, following stints in the PCAOB's office of the general counsel and at the U.S. Securities and Exchange Commission.
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May 29, 2025
Delaware Justices Asked To Review Corporate Law Rework
A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.
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May 29, 2025
Real Estate CFO, Mogul's Daughter Dodge Two Trustee Claims
The chief financial officer of bankrupt construction services company Gateway Development Group Inc. and the daughter of the company's chair have escaped a Chapter 7 trustee's claims that they helped the chair breach his fiduciary duties, with a judge ruling the claims aren't recognized under Connecticut law.
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May 29, 2025
2nd Circ. Upholds KeyBank Adviser's $1.1M Defamation Win
The Second Circuit on Thursday upheld a $1.1 million award against a brokerage firm accused of making defamatory remarks about a former employee, ruling that Financial Industry Regulatory Authority arbitrators did not disregard the law in handing down the punishment.
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May 29, 2025
NASCAR Wins Defamation Claims Over LGBCoin Sponsorship
A Florida state court judge ruled in favor of NASCAR on defamation claims brought by the founder of the LGBCoin cryptocurrency regarding communications to journalists, saying a published statement that the meme coin was almost worthless was "undisputably true."
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May 29, 2025
SEC Drops Binance Suit In Latest Crypto Reversal
The U.S. Securities and Exchange Commission on Thursday voluntarily ended a lawsuit accusing crypto platform Binance of mishandling customer funds and deceiving regulators, citing the agency's ongoing efforts to change the way it regulates the digital asset industry.
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May 29, 2025
$45M Settlement, $9.65M Fee OK'd In Del. Cornerstone Suit
Stockholders who challenged Clayton Dubilier & Rice LLC's $5.8 billion take-private deal for Cornerstone Building Brands in 2022 secured a $45 million settlement Thursday, in a case that once saw a Delaware vice chancellor blast as "farcical" the two companies' early, alleged attempts to camouflage price negotiations to get around a standstill agreement.
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May 29, 2025
Judge Tells FDIC 'Whistleblower' To Stop Texting Gov't Attys
A D.C. federal judge threatened a self-proclaimed Federal Deposit Insurance Corp. "whistleblower" with criminal referral if he reaches out to the agency's lawyers again, calling his claim that one attorney was trying to frame him with sending "harassing" messages sent to the attorney's wife "patently ridiculous."
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May 29, 2025
Investors Allege Manhattan Firm Aided $43M Ponzi Scheme
A pair of investors filed suit against New York-based Moritt Hock & Hamroff LLP and two of its former attorneys on Thursday, alleging that the midsize firm and the attorneys, who have since departed for Saul Ewing LLP, lied on behalf of a client who has since been charged with running a $43 million Ponzi scheme.
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May 29, 2025
'Dr. Cash' Gets 3 Years For Bilking Elderly Fund Investors
A recidivist fraudster nicknamed "Dr. Cash" was sentenced in Manhattan federal court Thursday to three years in prison, after he admitted to defrauding clients who poured $4.8 million into his purported "Chairman's Fund."
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May 29, 2025
Javice Request To Sink Guilty Verdict Turned Aside By Judge
A Manhattan federal judge declined on Thursday to toss a verdict convicting Frank founder Charlie Javice of tricking JPMorgan Chase into buying the student aid startup for $175 million, saying he properly declined to sever her trial from that of her co-defendant.
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May 29, 2025
Clifford Chance Hires Investment Funds Partner From Kirkland
Clifford Chance LLP announced Tuesday the hiring of a partner at Kirkland & Ellis LLP for its funds and investment management practice in the U.S., a month after Kirkland picked up an investment funds partner from Clifford Chance.
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May 29, 2025
Ex-Goldman Partner, Star Witness In 1MDB Trial, Gets 2 Years
Former Goldman Sachs partner and star 1MDB prosecution witness Tim Leissner was sentenced Thursday to two years in prison for his role in a global conspiracy to siphon more than $2.7 billion for bribes and kickbacks from the Malaysian sovereign wealth fund in order to facilitate Goldman-backed bond deals.
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May 28, 2025
Coinbase Users Sue Over Terraform Token Conversion Losses
A group of crypto buyers sued Coinbase Global Inc. over losses they say they incurred from the crypto exchange's actions in the wake of the historic Terraform collapse, accusing Coinbase of muddling the process of converting their assets and providing them with inaccurate tax documents.
Expert Analysis
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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What To Expect In Crypto Banking After SEC Nixed Guidance
With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.
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Partially Faulting Airline For 401(k) ESG Focus Belies ERISA
A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.
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Fund Names Rule FAQs Leave Some Interpretative Uncertainty
Although recently released FAQs clarify many specific points of the 2023 expansion to the Investment Company Act's fund names rule, important questions remain about how U.S. Securities and Exchange Commission staff will interpret other key terms when the end-of-year compliance date arrives, say attorneys at Dechert.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.