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Securities
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August 20, 2025
GOP Sens. See Path To Crypto Market Structure Law This Year
Republican lawmakers and regulators this week previewed plans to finish cryptocurrency market structure legislation before year's end and continue reducing scrutiny from banking regulators during a multiday event that brought officials and industry participants together in Wyoming.
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August 20, 2025
2 Firms Win Bid To Lead Ammunition Co. Investor Suit
After their clients' motion was slammed as inadequate by another plaintiff determined to lead shareholder litigation against Ammo Inc., attorneys from Pomerantz LLP and Bronstein Gewirtz & Grossman LLC were chosen by an Arizona federal judge to co-lead the suit accusing the ammunition company of misleading investors about its controls over its financial reporting.
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August 20, 2025
Exec's Friends Made $1M On Insider Trades, SEC Says
The U.S. Securities and Exchange Commission is suing the former head of a Kaman Corp. subsidiary and his friends in New York federal court, accusing him of insider trading ahead of the aircraft component maker's $1.8 billion sale to a private equity firm.
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August 20, 2025
Northwell Health Inks $2.75M Deal In 403(B) Suit
New York healthcare giant Northwell Health Inc. has agreed to pay $2.75 million to end a former employee's claims it breached its fiduciary duties to participants and beneficiaries in its retirement plan by allegedly saddling workers with excessive recordkeeping fees and offering an underperforming fund.
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August 20, 2025
Masimo's 'Empty Voting' Suit Against Founder Gets Green Light
A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.
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August 20, 2025
Argent To Shell Out $4.5M To Exit Workers' ESOP Suit
Argent Trust Co. will pay $4.5 million to exit a class action alleging it approved a sale of undervalued shares in an electrical component company's employee stock ownership plan in a deal to shut the program down, according to a filing in Massachusetts federal court.
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August 20, 2025
7th Circ. Backs JPMorgan Traders' Fraud, Spoofing Convictions
The Seventh Circuit on Wednesday refused to throw out the convictions of three former JPMorgan traders for manipulating the market with fake orders for precious metals, saying there was "ample evidence" backing the jury's verdicts and that a recent U.S. Supreme Court decision doomed one of their key arguments on appeal.
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August 20, 2025
States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate
Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.
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August 20, 2025
Reinsurer Must Face Investors' Omission Suit, 3rd Circ. Says
The Third Circuit Wednesday wiped out Maiden Holdings' summary judgment win over investors accusing the reinsurance company of misrepresenting its underwriting and risk management practices, saying the district court misapplied U.S. Supreme Court precedent regarding the materiality of withheld information.
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August 20, 2025
Talphera Beats Investors' Bid To Save Slogan Suit At 9th Circ.
The Ninth Circuit on Wednesday refused to revive a proposed shareholder class action accusing Talphera Inc. of misleading investors about the simplicity of administering the pharmaceutical company's "Tongue and Done" opioid, saying in a published opinion that no reasonable investor would "blindly" accept the slogan without considering other information.
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August 20, 2025
Ouraring Maker Looks To Nix $16M Stymied Stock Option Suit
A U.S. subsidiary of the maker of the Ouraring health and fitness tracker is looking to escape an early investor's $16 million lawsuit accusing the company of refusing to honor a stock option deal, saying it should be dismissed or, alternatively, that the whole dispute must be arbitrated in Finland.
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August 20, 2025
Investors Pan FirstEnergy's 'Unprecedented' Discovery Appeal
A group of FirstEnergy Corp. investors is urging the Sixth Circuit not to hear a dispute over their access to internal investigation documents produced in the wake of a $1 billion bribery scandal, saying the documents weren't privileged and that granting the appeal would be "unprecedented."
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August 20, 2025
Fla. Man Who Evaded $7M In Federal Taxes Gets Probation
A Florida investor who admitted to cheating the Internal Revenue Service out of $7 million in taxes was sentenced Wednesday to probation after telling a federal judge he suffers from serious health issues, including Stage 4 kidney cancer and early-onset dementia.
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August 20, 2025
Twitter Shareholders Say Musk Can't Hide Behind Attys
Twitter shareholders have asked a New York federal judge to force Elon Musk to either hand over discussions he had with his attorneys prior to his pre-acquisition purchase of Twitter shares or to declare that he does not plan to use the advice of counsel defense, saying Musk cannot use his attorneys as both "a sword and a shield."
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August 20, 2025
Palo Alto Networks Beats Suit Over Strategy For Good
Cybersecurity company Palo Alto Networks has secured permanent dismissal of a proposed class action alleging it overstated the success of its platform consolidation strategy, with a California federal court ruling the investors do not show the company's statements were misleading when made.
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August 20, 2025
Error-Filled Pro Se Recusal Bid Draws Conn. Judge's Ire
A Connecticut federal judge will not docket a pro se recusal request in a U.S. Securities and Exchange Commission fraud action accusing a man of skimming nearly $1 million in investments designated for hotel repair work, saying in a minute order that the defendant otherwise has counsel and submitted a meritless, error-riddled bid.
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August 20, 2025
Boeing Eyes Exit From Retooled 737 Max Securities Fraud Suit
Boeing told an Illinois federal judge that equity funds cannot stuff their amended securities fraud lawsuit with vague and overblown allegations the American aerospace giant defrauded investors by downplaying the 737 Max jets' safety flaws after two deadly crashes in 2018 and 2019.
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August 20, 2025
Biotech Replimune Faces Derivative Suit Over Trial Claims
Executives and directors of biotechnology company Replimune Group Inc. face shareholder derivative claims that they concealed issues affecting a clinical trial of one of the company's lead immunotherapy candidates.
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August 20, 2025
Trump Says Fed's Cook 'Must Resign' Amid Loan Fraud Claim
President Donald Trump's Federal Housing Finance Agency chief on Wednesday accused Federal Reserve Gov. Lisa Cook of potential mortgage fraud and said he has referred the matter to federal prosecutors, prompting Trump to call for Cook's immediate resignation — a call she has rejected.
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August 19, 2025
NJ Judge Files Corrected Version Of Error-Filled Opinion
A New Jersey federal judge Tuesday filed a new, corrected version of an opinion he withdrew last month in securities litigation against CorMedix Inc. after an attorney for the biopharmaceutical firm pointed out the opinion contained "a series of errors."
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
Inovalon Investor Suit Over $7.3B Nordic Deal Gets Class Cert.
A Delaware chancellor has certified a class of Inovalon Holdings common stockholders who challenged the $7.3 billion go-private sale of the company to Nordic Capital and claimed Inovalon failed to disclose that the investors who bought it paid $400 million in fees to its financial adviser before the transaction.
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August 19, 2025
3D Systems Brass Sued Over Revenue Projections
Executives and directors of 3D Systems Corp. have been hit with a shareholder derivative suit accusing them of concealing issues that negatively impacted the 3D printer company's revenue prospects, including an update to a partnership agreement with a large customer to develop artificial lungs.
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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
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August 19, 2025
Robinhood Sues NJ, Nevada Over Blocked Sports Contracts
A Robinhood subsidiary sued the states of New Jersey and Nevada on Tuesday in an effort to ward off a potential enforcement action as it has begun allowing users to trade on the outcome of sports games despite the states' warnings not to do so.
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.