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Securities
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September 02, 2025
Fed Gov. Cook Doubles Down On Removal TRO Bid
Federal Reserve Board Gov. Lisa Cook on Tuesday doubled down in her bid to have a D.C. federal court block President Donald Trump's attempt to strip her of her position, saying the federal government was trying to expand the limits of a "for cause" removal.
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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
Crypto Cos. Figure, Gemini Eye Over $800M Total IPO Hauls
Crypto platform Gemini, led by twin brothers Cameron and Tyler Winklevoss, announced Tuesday it plans to raise as much as $317 million in an upcoming initial public offering, while blockchain-based lending firm Figure Technologies Solutions Inc. announced plans to raise up to $526 million in its own public offering.
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September 02, 2025
SEC, CFTC Say Firms Can List Certain Spot Crypto Products
Staff of the U.S. Securities and Exchange Commission and U.S. Commodities Futures Trading Commission jointly told digital asset firms on Tuesday that registered exchanges under their purview can support trading of spot crypto products.
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September 02, 2025
Ex-Crypto Platform Cred Execs Sentenced For $150M Scheme
The former CEO and former chief financial officer behind bankrupt cryptocurrency lender Cred Inc. will serve four years and three years, respectively, after previously pleading guilty to conspiracy to commit wire fraud.
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September 02, 2025
Del. Court Tosses Trump Media Suit, Avoids Immunity Fight
Citing multiple reasons to dismiss former consultant claims that they were cheated during the take-public workup for President Donald Trump's "Truth Social" media site, a Delaware vice chancellor on Tuesday tossed the suit while declining to consider assertions that presidential immunity barred the court from going forward.
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September 02, 2025
Bernstein Litowitz To Lead Hasbro Investors' Post-COVID Suit
Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging toy and games giant Hasbro Inc. and some of its current and former executives concealed certain inventory level issues following a pandemic-era spike in demand for games and global supply chain disruptions.
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September 02, 2025
Freddie Mac Beats Investor Suit Over Subprime Exposure
An Ohio federal judge has tossed a nearly two-decade-old lawsuit accusing Freddie Mac of failing to warn investors about its exposure to the flagging subprime market, ruling that the lawsuit hadn't identified any material misleading statements made by the company in the lead-up to the housing crisis.
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September 02, 2025
Dow Faces Investor Suit Over Tariff-Related Disclosures
Raw materials supplier Dow Chemical Co. has been hit with a proposed shareholder class action alleging its decision to reduce shareholder payouts earlier this year contradicted its earlier claims of its ability to withstand economic uncertainty, including tariffs.
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September 02, 2025
Digimarc Hit With Second Investor Suit Over Lost Contract
Digimarc executives failed to warn investors about the expiration of a key customer contract, a loss that ultimately led to a 43% stock drop in February, investors have claimed in a class action.
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September 02, 2025
NJ Judge Tosses REIT Shareholders' Liquidation Suit
A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.
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September 02, 2025
Colgate-Palmolive To Shell Out $332M In Pension Payout Fight
Colgate-Palmolive retirees asked a New York federal judge to greenlight a $332 million class action deal in their suit claiming the household products company shorted them on lump-sum retirement payouts, signaling the end of a nearly decade-old case that reached the Second Circuit in 2023.
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Federal Judge Blocks New Texas ESG Disclosure Law
A Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment.
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August 29, 2025
SEC Says Crypto Project Mango Can't 'Undo' $700K Settlement
The U.S. Securities and Exchange Commission is pushing back on cryptocurrency project Mango Labs' bid to undo a nearly $700,000 settlement, saying the project's crypto policy pivot and subsequent dismissal of certain crypto enforcement actions aren't reasons to remedy its "buyers' remorse" over the deal.
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August 29, 2025
SEC Enters New Enforcement Era With Unlikely Leader
As the U.S. Securities and Exchange Commission prepares to welcome a new enforcement director after nearly a year without someone permanently in the role, securities industry insiders are waiting to see how the former military judge will leave her mark on an agency that is already in the midst of transformation.
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August 29, 2025
SEC Beats FOIA Suit Over Its Internal Breach
The U.S. Securities and Exchange Commission was not in the wrong for withholding information related to a 2022 internal information breach from a conservative civil rights organization that requested documents on the matter, a Washington, D.C., judge determined, citing the attorney work-product doctrine.
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August 29, 2025
Split 9th Circ. Revives Suit Over $2.1B Robinhood IPO
A divided Ninth Circuit on Friday revived a proposed investor class action suit accusing Robinhood Markets Inc. of failing to disclose a downturn in user interest ahead of its $2.1 billion initial public offering, ruling that corporations planning to go public have a duty to disclose material financial information even from quarters that have just ended.
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August 29, 2025
Chancery Unwinds Wireless Co. Founder's Ouster
The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.
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August 29, 2025
RICO, Fraud Claims Tossed In LA Real Estate Investment Suit
A Georgia federal court has determined that fraud and racketeering claims from a group of Chinese and American investors in a real estate investment suit alleging a group of fraudsters duped them out of millions of dollars with bogus representations are barred by merger clauses and federal securities regulations.
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August 29, 2025
3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit
A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.
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August 29, 2025
7th Circ. Backs $4.5M Fraudster's 8-Year Prison Sentence
A real estate investment firm owner who transferred investor money to his friends' companies without permission and advertised to his own less-educated Amish community was properly sentenced to eight years in prison, the Seventh Circuit has ruled.
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August 29, 2025
Vanguard To Pay $19.5M Over Adviser Conflict Disclosures
Vanguard Advisers Inc. agreed to pay $19.5 million to resolve claims from the U.S. Securities and Exchange Commission that it failed to adequately disclose conflicts of interest in connection with its recommendation to clients to enroll in its managed account program.
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August 29, 2025
Banks Ignored Pig Butchering Scheme's Red Flags, Suit Says
A California couple who say they lost $600,000 in a so-called pig butchering investing scam have sued several financial institutions, including three banks and two fintech payment platforms, alleging the banks chose to "bury their heads in the sand" as the purported scammers took advantage of their targets.
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August 29, 2025
SEC, Musk File Competing Bids To End Twitter Buy-Up Suit
The U.S. Securities and Exchange Commission and Elon Musk have both moved for early victories in a lawsuit accusing Musk of failing to timely disclose a beneficial ownership stake in Twitter, with the billionaire owner of the social media site calling the case one of "gross governmental overreach."
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.