• April 24, 2024

    BREAKING: Biden's Latest Judge Picks Include Blocked US Atty Nom

    President Joe Biden announced seven judicial nominee picks on Wednesday including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.

  • April 23, 2024

    Investor Seeks Recovery From R. Kelly, Foxwoods Fallouts

    An investor has filed a Connecticut suit to recover a New York settlement worth nearly $877,000 after revolving credit deals and a security agreement surrounding a concert series that was headlined by since-imprisoned R&B artist R. Kelly at the Foxwoods Resort Casino fell apart.

  • April 23, 2024

    Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told

    Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.

  • April 23, 2024

    SEC Critics Preview Future Challenges To Agency Action

    The U.S. Securities and Exchange Commission may face new challenges to its enforcement authority from the way it imposes industry bars to the burden of proof needed to bring its civil cases, two frequent legal opponents of the agency said Tuesday.

  • April 23, 2024

    CFTC Formalizes Policy On Uncleared Swaps Recordkeeping

    The U.S. Commodity Futures Trading Commission adopted a rule Tuesday that codifies its longstanding practice of not requiring swap execution facilities to maintain written copies of every uncleared swap agreement, a move some commissioners argued was long overdue.

  • April 23, 2024

    Ripple Labs Says Its SEC Fine Should Be No More Than $10M

    Blockchain firm Ripple Labs told a Manhattan federal judge that the U.S. Securities and Exchange Commission's $2 billion remedies request over the firm's registration violation is proof of its "administrative overreach," and says it shouldn't be forced to pay more than $10 million over a finding related to its sales of cryptocurrency XRP.

  • April 23, 2024

    Pool Supply Co. Seeks Exit From Investors' Inflated Sales Suit

    Pool supply company Leslie's Inc. is urging the Arizona federal court to drop a suit accusing it of concealing that booming sales during the COVID-19 pandemic were due to an inventory glut, not the company's growth strategies, arguing that its statements were based on information it believed to be true about consumer purchasing behavior.

  • April 23, 2024

    Texas Orders Digital Gold Vault Scheme To Shut Down

    Texas financial regulators have ordered the operators of a digital gold vault scheme to stop operating in the state, alleging individuals and companies were running a fraudulent multilevel marketing scheme to lure investors in unregistered securities.

  • April 23, 2024

    EV Co.'s SPAC Suit Gets Final OK For $1.9M Settlement

    Lightning eMotors Inc., which made electric commercial vehicles and has announced liquidation of its assets, has received final approval for a $1.85 million settlement of shareholder derivative claims against its brass alleging they hid supply chain issues that would keep it from scaling after going public via merger with a special purpose acquisition company.

  • April 23, 2024

    Goosehead Insurance Investor Looks To Pause Chancery Deal

    A stockholder of Goosehead Insurance Inc. who struck a settlement last year with the Texas-based company to end his proposed class action over disproportionate insider control asked Delaware's Court of Chancery on Tuesday to put the deal on hold until another case involving investment bank Moelis & Co. plays out.

  • April 23, 2024

    Hot Spot Co. Investors' Revised $2.4M Deal Gets Initial OK

    Investors in mobile hotspot-maker Franklin Wireless Corp. have received an initial green light for their $2.4 million deal to end claims the company knowingly sold devices with defective batteries that could burst into flames after a federal judge rejected an earlier iteration of the proposal.

  • April 23, 2024

    Trump's Stake In Truth Social Swells An Additional $1.2B

    The value of Donald Trump's stake in his newly public social media company soared by nearly $1.2 billion on Tuesday as the former president became eligible to receive bonus shares that were conditioned on the company's stock performance.

  • April 23, 2024

    Levi & Korsinsky To Head Combined Paycom Investor Actions

    An Oklahoma federal judge selected Levi & Korsinsky LLP to lead a consolidated proposed investor class action against human resources technology company Paycom Software Inc. over the company's alleged failure to disclose that the success of its self-service payroll software was hindering the growth of the company's other services and revenue.

  • April 23, 2024

    GoodRx Hid Revenue Reliance On Kroger, Suit Claims

    GoodRx Holdings Inc. has been hit with a proposed class action alleging it concealed from investors the indispensability of its relationship with Kroger, leading to share declines when GoodRx announced revenue would be severely impacted because the grocery chain would no longer be accepting its discount codes.

  • April 23, 2024

    Crypto Industry Groups Sue SEC Over Dealer Definition

    Two crypto industry groups on Tuesday jointly sued the U.S. Securities and Exchange Commission to overturn the regulator's expanded dealer definition, claiming the regulator sidestepped a fair rulemaking process when it declined to address the myriad issues industry participants pointed out during the shortened comment process.

  • April 23, 2024

    Tesla's Risky Ride To Revive Musk's Multibillion-Dollar Pay

    Tesla Inc. and its mercurial CEO Elon Musk are banking on a bold strategy to salvage his multibillion-dollar compensation plan, invoking a recently enacted corporate power to first patch Tesla's charter and then reincorporate in Texas, potentially triggering stockholder claims of fiduciary breaches and waste.

  • April 23, 2024

    Israeli Biotech Files Ch. 15 To Implement Take-Private Deal

    Gamida Cell Ltd., an Israeli biotechnology company developing immunotherapy products, filed for Chapter 15 protection Monday in Delaware seeking the American court's approval of its foreign take-private proposal with unsecured lenders.

  • April 23, 2024

    Pre-Merger Deal Prompts Pharma Co. Derivative Suit In Del.

    An Ayala Pharmaceuticals stockholder has launched a derivative suit against the company's board and controlling investors in Delaware's Court of Chancery, accusing directors of issuing new shares to the controllers at far below market value, timed to take advantage of an asset sale worth up to $85 million.

  • April 23, 2024

    Feds Seek To Bar Fox Rothschild Atty From Fraud Retrial

    The government is seeking to bar a Fox Rothschild LLP partner from testifying as an expert witness for the defense in the retrial of a federal securities fraud case that ended in a dramatic mistrial after a lone juror told the judge that he disagreed with the guilty verdict the forewoman had delivered to the court.

  • April 23, 2024

    Bike Parts Co. Investor Wants Scott + Scott For Class Counsel

    An investor suing a Georgia bicycle parts maker has asked a federal district court to appoint Scott + Scott Attorneys At Law LLP and the Schall Law Firm lead counsel in litigation alleging the company hid from shareholders slumping sales and demand.

  • April 23, 2024

    DC Circ. Backs Georgetown's Defeat Of ERISA Suit

    The D.C. Circuit on Tuesday upheld Georgetown University's win in a suit claiming the school packed its employee retirement plans with costly and poorly performing investment options, finding a lower court was correct in ruling that the workers failed to fix the faults in their case.

  • April 23, 2024

    Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering

    A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.

  • April 23, 2024

    Del. Chancery To Rethink Fast-Track Of Truth Social Suit

    The judge taking over a Delaware Chancery Court lawsuit that two former "Apprentice" contestants brought against former President Donald Trump's social media company before the Truth Social platform went public will decide at the end of the month whether the suit still needs to be fast-tracked.

  • April 23, 2024

    DOL's Final Investment Advice Regs Expand ERISA's Reach

    The U.S. Department of Labor issued final regulations Tuesday broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, backing off some changes included in a proposal the agency released in October.

  • April 22, 2024

    PacWest Wants Suit Over Alleged Rate Hike Exposure Axed

    PacWest Bancorp has urged a California federal judge to toss a proposed class action from an investor who alleges the California regional bank ignored warning signs posed by last year's collapse of Silicon Valley Bank, saying the fact that it did not anticipate the "unprecedented turmoil in the banking industry" is not a violation of federal securities laws.

Expert Analysis

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • Tips For Balanced Board Oversight After A Cyberincident

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    The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.

  • Breaking Down DOJ's Individual Self-Disclosure Pilot Program

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    The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.

  • Reverse Veil-Piercing Ruling Will Help Judgment Creditors

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    A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.

  • Address Complainants Before They Become Whistleblowers

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    A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.

  • Ensuring Nonpublic Info Stays Private Amid SEC Crackdown

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    Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.

  • What Cos. Are Reporting Under New SEC Cybersecurity Rule

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    Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.

  • 10 Tips For ESG Disclosure Compliance In Private Funds

    Excerpt from Practical Guidance
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    As regulators increase scrutiny of misleading claims about environmental, social and governance investments, private fund sponsors should consider several practical tips for communicating accurately with potential investors, drafting comprehensive disclosures and establishing internal policies that can keep pace with evolving compliance requirements, says Jonathan Rash at Ropes & Gray.

  • Binance Ruling Spotlights Muddled Post-Morrison Landscape

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    The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.

  • What FERC's Disclosure Demands Mean For Cos., Investors

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    Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.

  • Corp. Transparency Act Could Survive 11th Circ. Several Ways

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    If the Eleventh Circuit upholds an Alabama federal court’s injunction against the Corporate Transparency Act, the anti-money laundering law could persist as a narrower version that could moot some constitutional challenges, but these remedies would likely generate additional regulatory or statutory ambiguities that would result in further litigation, say attorneys at Perkins Coie.

  • Del. Ruling Maintains Precedent In Time Of Change

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    Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • First 10b5-1 Insider Trading Case Raises Compliance Issues

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    The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

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