Asset Management

  • December 10, 2024

    SEC Says Ex-Rep Defrauded Investors With Short-Term Bets

    A former registered representative of broker-dealer Western International Securities Inc. has agreed to pay over $2.1 million to end U.S. Securities and Exchange Commission allegations he orchestrated a scheme to defraud retail clients by recommending costly investment strategies, and then covered up their "substantial" losses with phony financial statements.

  • December 10, 2024

    SEC Outlines Municipal Adviser Exam Process

    The U.S. Securities and Exchange Commission's Division of Examinations has issued a risk alert outlining its process for selecting municipal advisers to examine, how advisers can prepare for exams, and the types of information examiners may request.

  • December 10, 2024

    4th Circ. Casts Doubt On Broker's FINRA Challenge

    A Fourth Circuit panel wondered Tuesday whether it was too soon to hear one North Carolina broker's constitutional challenge against the Financial Industry Regulatory Authority, with the circuit judges pointing out that FINRA's case against the broker was not yet over.

  • December 10, 2024

    Nippon Life In Late Talks To Buy Resolution Life For $8.2B

    Global insurer Resolution Life said Tuesday that it was in the "final stages of discussions" to sell the business to Nippon Life Insurance, reportedly for $8.2 billion. 

  • December 09, 2024

    Blockchain Co. IP Fight With Investment Firm Teed Up For Trial

    A California federal judge has said a jury should decide whether the investment firm Franklin Templeton misappropriated trade secrets of Blockchain Innovation LLC and breached its fiduciary duty and contract with the firm when it shut down a digital asset startup that Blockchain later acquired.

  • December 09, 2024

    Morgan Stanley Pays SEC $15M Over Theft By Ex-Reps

    The U.S. Securities and Exchange Commission announced a $15 million penalty against a Morgan Stanley subsidiary Monday, saying the company failed to put in place procedures that may have earlier caught four former employees who spent years stealing from clients.

  • December 09, 2024

    Kellogg Retirees Say DOL's Brief Backs 6th Circ. Revival

    A proposed class of married Kellogg retirees alleging their pension annuity payouts were lowballed by the cereal company due to outdated mortality assumptions used in conversions is urging the Sixth Circuit to heed a recently filed brief from the U.S. Department of Labor backing workers seeking to revive a similar dispute in the Eleventh Circuit.

  • December 09, 2024

    Bed Bath & Beyond Irons Out 401(k) Fee Suit Deal

    Bed Bath & Beyond has agreed to settle a suit from workers alleging mismanagement of an employee 401(k) plan, according to a joint filing from the parties entered Monday in New Jersey federal court.

  • December 09, 2024

    SEC's Trading And Markets Director Zhu To Leave Agency

    Haoxiang Zhu is stepping down as head of the U.S. Securities and Exchange Commission's Division of Trading and Markets, the agency announced Monday, leaving the group that oversees orderliness of U.S. markets as leadership continues to change at regulatory bodies following President-elect Donald Trump's election victory.

  • December 09, 2024

    Barington And Thor Invest In Macy's, Push For New Direction

    Barington Capital Group LP and Thor Equities LLC said Monday they've taken a position in Macy's as they pushed the storied retailer to make strategic changes to help "improve shareholder value," while Macy's acknowledged the development and disclosed it was being counseled by Wachtell Lipton Rosen & Katz on the matter.

  • December 09, 2024

    Justices Won't Review Massive Class In Fringe Benefits Fight

    The U.S. Supreme Court refused Monday to hear a challenge to a 290,000-worker class in a suit alleging excessive health and retirement plan fees, despite an argument from benefits plan managers that the Fifth Circuit used the wrong standard to greenlight the massive suit.

  • December 06, 2024

    Allianz Exec Avoids Prison For $7B Investor Fraud

    A New York federal judge on Friday declined to sentence a former portfolio manager for Allianz SE's U.S. unit to any time in prison for lying to investors about the riskiness of a group of private investment funds that lost over $7 billion when the COVID-19 pandemic hit.

  • December 06, 2024

    $490M Suit Over Kurdish Telecom Loan Paused For Arbitration

    A New York federal judge has paused litigation filed by a subsidiary of Kuwaiti logistics firm Agility Public Warehousing Co. to enforce a $490 million judgment against the Kurdistan Regional Government of Iraq while a related arbitration plays out.

  • December 06, 2024

    How Paul Atkins' Last SEC Term Might Shape Agency's Future

    President-elect Donald Trump's choice to lead the U.S. Securities and Exchange Commission next year is no stranger to the agency, and Paul Atkins' past speeches, statements and actions as a commissioner may offer a road map for how he would lead the agency in areas such as private funds, shareholder activism and multibillion-dollar enforcement sweeps.

  • December 06, 2024

    Cedars-Sinai ERISA Class Cert. Bid Meets Skeptical Judge

    A Los Angeles federal judge appeared wary Friday of certifying a 16,000-person class of current and former Cedars-Sinai Medical Center Inc. workers who subscribe to the hospital's retirement plan, expressing concerns that one of the proposed lead plaintiffs does not appear to understand the case.

  • December 06, 2024

    Two Firms To Rep CVS Investors In Benefit Unit Losses Suit

    Bernstein Litowitz Berger & Grossmann LLP and Bleichmar Fonti & Auld LLP will co-lead a proposed class of investors in consolidated litigation alleging CVS Health Corp. hurt investors as it announced its benefit unit's unanticipated losses.

  • December 06, 2024

    Merrill Lynch Can't Beat Stock Loan Class Cert. Bid

    A New York federal judge on Friday overruled objections from Bank of America unit Merrill Lynch to certify a class of investors, with a slightly extended class period, in a suit alleging the financial institution colluded with other major banks to avoid modernizing the stock loan market.

  • December 06, 2024

    FTX Says Three Arrows Can't Add $1.5B To Ch. 11 Claims

    FTX is pushing back against efforts by liquidators for defunct cryptocurrency hedge fund Three Arrows Capital to add more than $1.5 billion to its claims in FTX's Chapter 11 case in Delaware bankruptcy court.

  • December 06, 2024

    AI Hype Won't Wash With Canadian Securities Regulators

    The Canadian Securities Administration is warning market participants against hyping ties to artificial intelligence in order to drum up interest for investments — a practice called "AI washing" — as the agency invites public comment before crafting AI-focused regulations.

  • December 06, 2024

    4 Big Developments In ERISA Cases From 2nd Half Of 2024

    The Sixth Circuit reopened a retirement plan mismanagement suit against Parker-Hannifin Corp. and revived a manufacturing company worker's disability benefits bid, while the nation's highest court declined to review a plan trustee's unsuccessful attempt to force an employee stock sale dispute into arbitration. Here, Law360 looks at four recent decisions in Employee Retirement Income Security Act cases that benefits attorneys should know.

  • December 06, 2024

    Taxation With Representation: Skadden, Gibson Dunn

    In this week's Taxation With Representation, BlackRock buys HPS Investment Partners, TreeHouse Foods Inc. buys Harris Tea, Aya Healthcare acquires Cross Country Healthcare, and Bruin Capital launches a soccer representation business.

  • December 05, 2024

    Jane Street Ends Trade Secret Fight With Rival Investing Firm

    Jane Street Group LLC and Millennium Management LLC have agreed to put to rest their trade secrets dispute over a proprietary trading strategy, according to a joint stipulation of dismissal filed Thursday in New York federal court.

  • December 05, 2024

    Trump Taps Musk Ally David Sacks As 'AI & Crypto Czar'

    President-elect Donald Trump announced Thursday that he has selected David O. Sacks, a tech investor who worked alongside Elon Musk and entrepreneur Peter Thiel in the early days of PayPal, to be the newly created "White House AI & Crypto Czar."

  • December 05, 2024

    DOL Says Court Erred In Tossing ESOP Claims Against Exec

    A medical equipment industry executive should continue facing claims that he ripped off workers by selling overpriced stock to his company's employee stock ownership plan, the U.S. Department of Labor told an Idaho federal judge Thursday, asking him to rethink letting the executive escape the allegations.

  • December 05, 2024

    First Citizens Accused Of $3M High-Yield Bait-And-Switch

    First Citizens Bank & Trust Company faces claims from an agritourism nonprofit and its registered agent that they invested $3 million with the bank expecting a competitive rate of return before finding those funds were actually in products yielding a much lower interest rate.

Expert Analysis

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • A Look At Similarities Between SOX And SEC's Cyber Rule

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    Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • 5 Areas Congress May Investigate After GOP Election Wins

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    With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • Predicting Shareholder Activism Trends In New Trump Admin

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    While President-elect Donald Trump has promised tax policies, deregulation and lax antitrust enforcement — which all fuel shareholder activism — a closer look at his first administration's track record suggests that his second presidency might be a mixed bag for activist investors and companies alike, say attorneys at Sidley.

  • What Trump's 2nd Presidency Could Mean For Crypto Sector

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    Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Parsing SEC's Emerging Trend Of Section 204A Enforcement

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    The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

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