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Securities
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June 05, 2025
Crypto Hedge Fund Co-Founder To Pay $944K In SEC Suit
A co-founder of hedge fund firm BKCoin Management LLC has agreed to pay $944,000 to the U.S. Securities and Exchange Commission to resolve claims that he and the Miami-based investment adviser fraudulently raised $100 million from 55 investors between 2018 and 2022 under the guise of investing in crypto assets.
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June 05, 2025
SPAC Inks $4.75M Deal To End Merger Misrepresentation Suit
The directors and controlling stockholders of special purpose acquisition company Graf Industrial Corp. have agreed to pay $4.75 million to resolve claims that they misled investors ahead of a 2020 merger with Velodyne Lidar Inc.
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June 05, 2025
How Trump's Pardons Could Sway Prosecutorial Discretion
As President Donald Trump dismantles a growing list of white collar criminal cases with a flurry of clemency grants early in his second term, erasing years of investigative and prosecutorial work with a stroke of his black Sharpie, experts worry his actions will have a chilling effect on prosecutorial decision-making.
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June 05, 2025
Ex-Wells Fargo Worker Says 'Herculean' Win Backs Fee Bid
An ex-Wells Fargo worker awarded $22.1 million in his case claiming he was fired out of disability bias defended his request for $1.5 million in attorney fees, telling a North Carolina federal court his counsel's "superior lawyering" and "herculean effort" justified the proposed award.
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June 05, 2025
Bernstein Litowitz Can Hire Ex-SEC Atty Over Musk Objection
A New York federal judge on Thursday gave the all-clear for investor-side firm Bernstein Litowitz Berger & Grossmann LLP to hire the U.S. Securities and Exchange Commission's former litigation chief over the objections of Elon Musk.
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June 05, 2025
Hedge Fund Founder Hits Ch. 11 After $113M Judgment
The founder of the bankrupt Weiss Multi-Strategy Advisers has himself sought Chapter 11 protection in Florida after a New York judge granted a nearly $113.5 million judgment against him in favor of his firm's largest creditor.
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June 05, 2025
High Court Drops Class Cert. Clarification Bid
The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.
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June 04, 2025
Spain Pays $27M Renewable Energy Incentive Scheme Award
In what appears to be a first of its kind development, Spain has paid a €23.5 million ($26.8 million) arbitral award owed to Blasket Renewable Investments LLC after the country dialed back a series of economic incentives aimed at encouraging renewable energy projects.
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June 04, 2025
Ex-CFTC Chair Warns Crypto Bill's Loopholes Still Too Wide
Former leaders of the Commodity Futures Trading Commission on Wednesday told U.S. House lawmakers mulling a bill to regulate cryptocurrency markets that the legislation needs to close potential regulatory loopholes and that Congress must expand the agency's resources if they expect it to police the bulk of the digital asset space.
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June 04, 2025
Barclays Investors Can't Redo Unregistered Securities Suit
A New York federal judge has declined to reconsider his dismissal of a securities class action alleging Barclays misled investors about its internal controls and unregistered securities sales, which eventually triggered so-called short squeezes, finding that the plaintiffs' most recent arguments are "unavailing" for the same reasons that led to their dismissal.
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June 04, 2025
Navios CEO Sued Over 'Disloyal' Share Buyback Scheme
Two investors of shipping and logistics company Navios Maritime Holdings Inc. say the company's CEO and board of directors ran a scheme to devalue preferred shares after taking the company private, supposedly concealing plans to delist the stock and buy it back at fire-sale prices.
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June 04, 2025
Judge Grills Kidde-Fenwal About Missing Info In Disclosures
A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.
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June 04, 2025
Bowman Confirmed As Trump's Top Banking Regulator At Fed
Senators on Wednesday confirmed Federal Reserve Gov. Michelle Bowman to become the central bank's next vice chair for supervision, elevating the former Kansas community banker to a powerful perch overseeing many of the biggest Wall Street financial institutions.
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June 04, 2025
SEC Gets $1.1M Win Against Alleged Ga. Crypto Scammer
A Georgia man is on the hook for over $1.1 million in penalties after failing to defend himself from U.S. Securities and Exchange Commission allegations he ran an $800,000 affinity fraud scheme involving a purported cryptocurrency he said was backed by gold and stem cell technology.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
Heart Device Maker iRhythm Gets Investor Claims Trimmed
A California federal judge has trimmed a class action accusing digital healthcare company iRhythm Technologies of making false and misleading statements about its heart-event monitoring device, finding that the suit does not plausibly plead knowledge of wrongdoing for most individual defendants, among other things.
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June 04, 2025
SEC Seeks Input On Tightening Perks For Foreign Issuers
The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.
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June 04, 2025
Davis Polk, Skadden Guide Circle's Upsized $1B IPO
Venture-backed stablecoin issuer Circle Internet Group Inc. on Wednesday priced an upsized $1.05 billion initial public offering above its marketed range amid strong demand, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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June 04, 2025
Last Defendant In 'Shell Factory' Scheme Gets 1½ Yrs
A Florida federal judge Wednesday sentenced the final defendant rounded up in the "Shell Factory Fraud" to 18 months in prison for his role in creating fake shell companies as part of a pump-and-dump scheme.
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June 04, 2025
SEC Says Accountant Errors Don't Doom Crowdfunding Case
The U.S. Securities and Exchange Commission told a Michigan federal judge Wednesday that mistakes in one of its accountant's declarations do not warrant the dismissal of its first crowdfunding enforcement action, arguing the SEC's lawyers acted in good faith when they alerted the court to the errors.
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June 04, 2025
Willkie Farr Hires Financial Services Partner In DC
Willkie Farr & Gallagher LLP has hired a McGuireWoods LLP attorney as a partner in Washington, D.C., to advise corporations on a range of legal issues, the firm announced Tuesday.
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June 04, 2025
Titan Of The Plaintiffs Bar: Bernstein Litowitz's Salvatore Graziano
When Bernstein Litowitz Berger & Grossmann LLP's Salvatore Graziano made the switch from prosecution to securities litigation in the '90s, he realized he had an uphill battle ahead of him.
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June 04, 2025
Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown
More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.
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June 04, 2025
Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit
Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.
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June 04, 2025
Trump's CFTC Pick Set For Senate Confirmation Hearing
President Donald Trump's nominee to lead the U.S. Commodity Futures Trading Commission has been scheduled to appear before the Senate agriculture committee for a confirmation hearing next Tuesday, advancing his nomination at a time when the agency is facing a leadership void.
Expert Analysis
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Mastering The Fundamentals Of Life Sciences Due Diligence
As life sciences transactions continue to gain tremendous momentum, companies participating in these transactions must conduct effective and strategic regulatory due diligence, which involves extensive amounts of information and varies by manifold factors, says Anna Zhao at GunnerCooke.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Expectations For SEC Exams As Private Credit Market Grows
The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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What FERC Scrutiny Of Directors, Assets Means For Investors
The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Revived Executive Order Is A Deregulatory Boon To Banks
A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.