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Securities
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October 10, 2025
SEC's Atkins Commits To Expanding Use Of Wells Process
U.S. Securities and Exchange Commission Chairman Paul Atkins plans to refresh the agency's Wells process of engaging with firms ahead of potential enforcement actions, saying he intends for the agency to be more forthcoming with investigative findings and provide more time and opportunities to respond to these findings.
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October 10, 2025
Cummins To Settle Investor Suit Over Emissions Scandal
Engine manufacturer Cummins Inc. and an investor have reached an agreement to settle proposed class action claims that the company hurt investors by hiding emissions control devices in certain engines, for which the company has paid a record $2 billion to settle regulators' Clean Air Act claims.
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October 10, 2025
CFTC Crypto Task Force Head Returns To Akin
The former head of the Commodity Futures Trading Commission's Digital Asset Task Force has left the agency to return to Akin Gump Strauss Hauer & Feld LLP as senior counsel in its white collar defense and government investigations practice.
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October 10, 2025
Wyden Urges Justices To Revive UBS Retaliation Case Again
Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.
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October 10, 2025
ATyr Pharma Faces Investor Suit Over Failed Drug Trial
Rare disease biotech aTyr Pharma Inc. and its CEO have been hit with a proposed shareholder class action accusing them of misleading the public about the efficacy of aTyr's lung disease treatment for several months before announcing its trial had not yielded favorable results.
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October 10, 2025
Justices Told SEC 'Dead Wrong' On Activist Investor Suits
An activist investor has told the U.S. Supreme Court that a series of investment funds, with the backing of the U.S. Securities and Exchange Commission, are "dead wrong" to say it has no right to sue over their decision to dilute the investor's voting shares.
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October 10, 2025
'LinkedIn For Doctors' Accused In Chancery Of Inflating Data
A shareholder of a San Francisco-based networking company for healthcare workers filed a derivative suit Friday in the Delaware Chancery Court accusing the CEO and directors of overstating user engagement and deceiving investors.
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October 10, 2025
SEC's Atkins Criticizes Del. As 'Uninterested' In IPO Reform
U.S. Securities and Exchange Commission Chair Paul Atkins said he is "disappointed" by recent changes to Delaware law that he believes will drive up litigation costs for public companies and make the state seem "uninterested in reform" that would encourage more companies to file initial public offerings there.
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October 10, 2025
Pharma Co. Escapes Suit Over Ex-CEO's Alleged Misconduct
Exscientia PLC on Friday won dismissal of a proposed class action related to the termination of its CEO after claims emerged that he participated in inappropriate workplace relationships, with the court finding the investors failed to show that the company's statements about its culture and governance were anything more than puffery.
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October 10, 2025
Mass. AG Says Robinhood Suit Can't Halt Enforcement Action
Massachusetts regulators say Robinhood is trying to make an "end run" around their efforts to enforce the Bay State's sports betting laws, in a motion asking a judge to toss the financial services platform's lawsuit against the state.
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October 10, 2025
SEC Guidance Aims To Ease IPO Process During Shutdown
As the federal government shutdown lingers, the U.S. Securities and Exchange Commission has updated its guidance to advise companies on how they can still move forward with initial public offerings.
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October 10, 2025
Edward Jones Fined $100K For 'Unreasonable' Commissions
Edward D. Jones & Co. LP has entered into a consent order with Connecticut's banking regulator, agreeing to pay a $100,000 fine and about $73,000 in restitution for charging "unreasonable" commissions to retail brokerage customers in the state.
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October 10, 2025
Therapist Backs Out Of Plea In Patient Fund Fraud Case
A Massachusetts psychotherapist is seeking to back out of a plea deal in a case alleging he sent nearly $1 million of other people's money, more than half of it belonging to a patient, to cryptocurrency scammers.
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October 09, 2025
Bessent Touts Trump's 'Community Bank Comeback' Agenda
U.S. Department of the Treasury Secretary Scott Bessent on Thursday pledged a wide-ranging regulatory push to spur a "community bank comeback," previewing plans that include easing capital rules, updating anti-money laundering standards and supporting expanded deposit insurance.
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October 09, 2025
Senate Crypto Bill Weakens State Fraud Protection, Experts Say
State regulators and legal experts are urging leaders of the Senate Banking Committee to overhaul their draft crypto market structure legislation on the grounds that the current text would weaken state power to police fraud and protect investors in crypto markets and beyond.
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October 09, 2025
Judge Scuttles CFTC Settlements In $21M Crypto Scam Case
A Florida federal judge has rejected a pair of proposed U.S. Commodity Futures Trading Commission settlements in a case alleging a $21 million crypto trading scheme, giving the short-staffed agency only a few days to explain why she shouldn't dismiss the allegations.
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October 09, 2025
NJ Justices Probe Insurer's Role In $12M Settlement Fight
The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.
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October 09, 2025
Voyager Judge Won't Dismiss Contract Claims In Binance Suit
A New York bankruptcy judge said Thursday he expected to deny a request by Binance.US to dismiss Voyager Digital's breach of contract claims stemming from a collapsed asset purchase agreement between the two cryptocurrency ventures.
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October 09, 2025
WPP Faces Investor Suit Over AI-Focused Strategy
Communications holding company WPP PLC on Thursday was hit with a shareholder's proposed class action accusing it of overhyping the success of its artificial intelligence-based media arm amid increasing macroeconomic pressures.
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October 09, 2025
Ally Securities Arm To Pay FINRA $850K Over Records Lapses
Brokerage firm Ally Invest Securities LLC has agreed to pay the Financial Industry Regulatory Authority $850,000 to settle claims it did not review or maintain millions of relevant communications records between the firm and its customers due to its failure to take reasonable compliance measures and electronic system failures.
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October 09, 2025
Vestis Shareholder Alleges Deception Before Aramark Spinoff
Executives and directors of uniform supplier Vestis Corp. were hit this week with a shareholder's derivative suit accusing them of concealing Vestis was underfunded prior to being spun off by food services giant Aramark in 2023, leaving Vestis unable to grow its revenue and retain customers.
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October 09, 2025
Treasury Looks To Cut Suspicious Activity Reporting 'Noise'
The U.S. Department of the Treasury's enforcement arm Thursday released clarifications about requirements related to suspicious activity reports, specifying among other things that financial institutions do not have to document their decisions not to file the reports.
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October 09, 2025
Tivity Health Investors Seek Final OK Of $17M Settlement
An investor in fitness program administrator Tivity Health Inc. has asked a Nashville federal judge for a final nod for an over $17 million deal ending claims the company misled investors about its financial prospects after its $1.3 billion acquisition of troubled weight-loss meal delivery company Nutrisystem.
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October 09, 2025
Mobile Game Co. To Pay $25M To End Chancery Investor Suit
A China-based mobile gaming company has agreed to pay $24.75 million to settle a Delaware Chancery Court class action accusing it of engineering a $600 million share buyback that unfairly cemented its control of the company.
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October 09, 2025
Colgate-Palmolive's $332M Pension Settlement Gets Initial OK
A New York federal court granted initial approval to a $332 million settlement between Colgate-Palmolive and a class of pensioners who claimed the household products company shorted them on lump-sum retirement payouts, which comes after the parties mediated their dispute earlier this year.
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.