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Securities
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Capital Markets Upturn Sets Stage For Second-Half Rebound
Deals attorneys are approaching the second half of 2025 increasingly confident that capital markets' activity will accelerate despite potential headwinds stemming from higher tariffs, interest rate uncertainties and geopolitical turmoil.
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July 02, 2025
Amid DEI Uncertainty, Cos. Face Pressure From All Sides
Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.
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July 02, 2025
East West, Cathay Accused Of Enabling $20M NFT Fraud
A Texas investor who says he lost millions in a romance-driven NFT scam has expanded his legal battle, suing East West Bank and Cathay Bank in California federal court for allegedly ignoring red flags while scammers used accounts at the banks to siphon nearly $17 million from his family trusts.
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July 02, 2025
High Court Case Tops List of Securities Appeals To Watch
The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.
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July 02, 2025
SEC Staff Shares Disclosure Guidance For Crypto ETPs
The U.S. Securities and Exchange Commission staff is providing more insight on its expectations around disclosures for novel crypto exchange-traded products, urging issuers to share risks specific to the product and use plain language over technical jargon to explain the business.
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July 02, 2025
Justices Won't Hear Crypto Firms' Venue Statute Case
The U.S. Supreme Court has said it will not take up a petition from the Binance-branded U.S. exchange and an affiliated crypto data site to resolve what they call a circuit split in a case accusing Binance.US of artificially deflating the price of a cryptocurrency token by lowering its ranking on the Binance exchange.
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July 02, 2025
SeaCrest Adviser To Pay $161K For Cherry-Picking Scheme
A former SeaCrest Wealth Management LLC adviser will pay $161,000 to the U.S. Securities and Exchange Commission for allegedly carrying out a cherry-picking scheme through which he misappropriated more than $108,000.
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July 02, 2025
Atkins Says SEC Is Taking A Fresh Look At SPAC Regulations
U.S. Securities and Exchange Commission Chair Paul Atkins said Wednesday that regulators are reviewing recently beefed-up rules governing special-purpose acquisition companies as part of a broader policy of increasing public listings.
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July 02, 2025
SEC Says Ex-Calif. Atty, Execs Facilitated $112M Stock Fraud
The U.S. Securities and Exchange Commission has filed suit against a disbarred California attorney and several CEOs of penny stock companies, claiming that they helped an outside party facilitate a $112 million pump-and-dump fraud scheme.
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July 02, 2025
SpaceX Investor Wins $1 After Suing Over $50M Deal Scratch
A China-tied company that sued a California-based private equity firm for walking back a purported agreement to make a $50 million investment in SpaceX in November 2021 has won a single dollar in damages after a three-year, multiclaim Delaware Court of Chancery suit and trial.
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July 02, 2025
Ad Tech Co. Fired Worker Who Questioned AI Tool, Suit Says
A former employee of advertising technology company The Trade Desk Inc. is seeking $2 million in damages in a suit alleging he was fired after reporting that the company was misleading investors about its artificial intelligence capabilities and products.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
Target Board Sued Over 2023 Pride Campaign 'Backlash'
Executives and directors of Target have been hit with a shareholder derivative suit in Minnesota federal court accusing them of damaging the company by implementing an LGBTQ+ pride-themed marketing campaign two years ago despite knowing the risk of "public backlash."
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July 02, 2025
SEC Strikes Deal With SolarWinds In Data Breach Case
SolarWinds Corp. is on the cusp of resolving the U.S. Securities and Exchange Commission's novel case alleging the software developer hid faulty cybersecurity practices before a major breach, telling a New York federal judge Wednesday that the parties have agreed to a settlement.
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July 01, 2025
Mallinckrodt Execs See Securities Fraud Claims Trimmed
Mallinckrodt Pharmaceuticals executives must face investors' claims alleging they concealed signs of the company's impending 2023 bankruptcy and share cancellations, but a New Jersey federal judge pared down allegations against two executives and other aspects of the case in a partial dismissal Monday.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Crypto Developer Fights To Keep Money Transmitter Suit Alive
A crypto crowdfunding software developer has said in federal court that the U.S. Department of Justice should face a lawsuit that seeks to protect software firms from enforcement action, arguing that previous actions taken by the department jeopardize the future of his forthcoming crypto venture.
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July 01, 2025
Deutsche Faces Investor Bid To Renew UK Bond-Rigging Case
An Oklahoma pension fund moved Monday to revive its New York federal court case over alleged price-fixing of U.K. government bonds, citing newly obtained chat transcripts and other material that it says bolster its claims against Deutsche Bank.
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July 01, 2025
Judge Advances Shaq And FTX Investors' $1.8M Deal
A $1.8 million settlement between FTX investors and former NBA star Shaquille O'Neal has received preliminary sign-off from a Florida federal judge in a step toward confirming the deal that would resolve claims that the retired NBA star misled FTX investors with his alleged promotion of the now-collapsed cryptocurrency exchange.
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July 01, 2025
Banking Groups Call For Indexing Of Regulatory Thresholds
The American Bankers Association and its state counterparts are urging federal regulators to prioritize updating thresholds that trigger heightened supervisory obligations to account for inflation and the growth of the banking sector, arguing that the current standards unintentionally subject some institutions to burdensome requirements.
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July 01, 2025
Investors Sue Petco Over Premium Pet Food Business Model
Petco and several current and former executives misled the public about the sustainability of its premium pet food business model and oversold the company's growth prospects while hiding the impact of shifting consumer behavior post-COVID-19, a new lawsuit has alleged.
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Is SEC Moving Away From Parallel Insider Trading Cases?
The U.S. Securities and Exchange Commission's apparent lack of follow-up in four recent criminal cases of insider trading brought by the Justice Department suggests the SEC may be reconsidering the expense and effort of bringing parallel civil charges for insider trading, say attorneys at Dentons.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Prepping For SEC's Changing Life Sciences Enforcement
By proactively addressing several risk areas, companies in the life sciences sector can position themselves to minimize potential exposure under the U.S. Securities and Exchange Commission's return to back-to-basics enforcement focused on insider trading and fraud, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Del. Ruling May Redefine Consideration In Noncompetes
The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.
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Spinoff Transaction Considerations For Biotech M&A
Amid current market challenges, boards and management teams of biotech companies can consider several strategies for maximizing value should a spinoff opportunity arise, but not without significant advance planning and careful implementation, particularly in cases that might qualify as tax-free, say attorneys at Paul Hastings.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.