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Capital Markets
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September 16, 2024
A&O Shearman Hires Finance Pro From Latham In Paris
A&O Shearman said Monday that it has recruited a leveraged finance expert as a partner from Latham & Watkins LLP in France, adding to a string of recent exits from the U.S. outfit in Europe.
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September 16, 2024
Titanic Shipbuilder Sinks Under Weight Of Debt
Struggling shipbuilder Harland & Wolff said Monday that it plans to enter into administration and remove its shares from the London Stock Exchange after failing to win a £200 million ($264 million) government loan to help offset money owed to creditors.
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September 16, 2024
UniCredit Launches €1.7B Share Buyback After Profit Gains
UniCredit SpA said Monday that it has kicked off a share buyback worth up to €1.7 billion ($1.9 billion) as the Italian commercial bank moves to reward its shareholders after it reported bumper profits.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 15, 2024
Cannabis Co. Nabs $150M '1st-Of-Its-Kind' Credit Facility
Green Thumb Industries Inc. secured a $150 million credit facility led by Valley National Bank as it looks to refinance debt in what the company billed as "a first-of-its-kind credit facility for the U.S. cannabis industry."
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September 13, 2024
Wells Fargo Unit To Pay $3M Over Unsuitable Trading Claims
The Financial Industry Regulatory Authority has ordered Wells Fargo Clearing Services to pay roughly $3 million to settle allegations that the firm failed to adequately supervise how its registered representatives were selling certain securities that are subject to potential abuse because of the concessions they pay.
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September 13, 2024
Bankman-Fried Lays Blame On Trial Judge In 2nd Circ. Appeal
FTX founder Sam Bankman-Fried on Friday launched an appeal of his fraud conviction over the cryptocurrency exchange's historic collapse, issuing a broadside against the judge who oversaw his trial and saying FTX's debtor counsel Sullivan & Cromwell LLP acted as an arm of the prosecution.
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September 13, 2024
Truth Social Founders Take Trump Fight To Fed Court
A co-founder of Donald Trump's Truth Social website has brought the fight over taking the company public to Florida federal court after several adverse events in state court actions, including the company filing an amended complaint to incorporate securities fraud that the U.S. government alleges.
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September 13, 2024
Investors Greenlight Carbon Credit Co.'s $213M SPAC Merger
The special purpose acquisition company merger taking Canadian carbon-credit manager DevvStream public at an estimated valuation of $212.8 million has received approval from investors of both sides, the companies announced Friday.
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September 13, 2024
SEC Fines Zymergen $30M Over Misleading Pre-IPO Claims
Now-shuttered biotechnology company Zymergen Inc. has agreed to pay a $30 million fine to settle U.S. Securities and Exchange Commission allegations that it misled investors in its initial public offering when it used "unsupported hype" about the market potential for its technology for foldable touch screens.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
2 Life Sciences Cos. Start Trading After Raising $540M Total
Drug developers Bicara Therapeutics Inc. and Zenas BioPharma Inc. have debuted on the Nasdaq stock exchange in separate initial public offerings steered by a trio of law firms.
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September 13, 2024
Swiss Banks Want Sanctions Review Amid Geopolitical Risk
The Swiss Banking Association has called for a proactive review of the country's financial sanctions regime as the single most important factor amid "serious negative effects" from geopolitical risk confronting the country's banks.
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September 13, 2024
High Court Sanctions £2.2B Deal For Network International
Middle Eastern payments company Network International Holdings said on Friday that the High Court has sanctioned a £2.2 billion ($2.9 billion) takeover bid from Brookfield Asset Management Ltd.
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September 13, 2024
French Vaccine Maker Valneva Raises €61M In Private Placing
Vaccine manufacturer Valneva SE said Friday that it has successfully raised approximately €61.2 million ($67.9 million) by selling shares to investors, which it plans to use to fund projects.
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September 13, 2024
HSF-Led National Grid To Sell Supply Unit To Gov't For £630M
National Grid PLC said Friday that it has agreed to sell its electricity supply system to the U.K. government for £630 million ($827 million), which will bring it into public ownership.
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September 12, 2024
8th Circ. Nixes $563M Verdict Against BMO Harris Over Ponzi
The Eighth Circuit on Thursday struck down a $563 million verdict against BMO Harris NA over claims that a bank it acquired had aided and abetted Thomas J. Petters' multibillion dollar Ponzi scheme, ruling that the bank should have been allowed to raise a defense that would have barred the suit in the first place.
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September 12, 2024
Wells Fargo Ordered To Overhaul Sanctions, AML Compliance
Wells Fargo faces fresh restrictions on launching new products and entering new markets, and must beef up its compliance and monitoring efforts around sanctions, anti-money laundering and other international business risks, under an enforcement action announced Thursday by the Office of the Comptroller of the Currency.
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September 12, 2024
Towers Watson Can't Duck Bump-Up Exclusion, 4th Circ. Told
Towers Watson's latest effort to get its directors and officers insurers to fund a $75 million settlement in a shareholder suit over its merger with Willis should be tossed, the insurers told the Fourth Circuit, saying the bump-up exclusion unambiguously applies to bar coverage.
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September 12, 2024
Crypto Wallet Co. Beats Colo. Class Action Over $100M Hack
The developers and owners of cryptocurrency application Atomic Wallet have beaten a proposed class action over a hack last year that stole roughly $100 million in customers' assets, with a Colorado federal judge saying the suit doesn't have a strong enough connection to the Centennial State to proceed there.
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September 12, 2024
Quinn Emanuel, Cohen Milstein Get $102M In Stock Loan Case
A judge awarded $102 million in attorney fees to Quinn Emanuel Urquhart & Sullivan LLP and Cohen Milstein Sellers & Toll PLLC for settling claims from investors that major banks colluded to avoid modernizing the stock loan market.
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September 12, 2024
Trading Firm EToro To Limit Crypto Sales, Pay $1.5M SEC Fine
The U.S. Securities and Exchange Commission on Thursday ordered trading platform eToro USA LLC to pay a $1.5 million fine and stop U.S. customers from trading in all but the three largest crypto assets to settle the regulator's allegations that the firm operated as an unregistered broker and clearing agency.
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September 12, 2024
Nippon's Push To Save US Steel Buy And Other Deal Rumors
An executive of Japan-based Nippon flew to Washington, D.C., this week to push for approval of its $14.9 billion deal with US Steel, the FTC is wary of a Canadian takeover of 7-Eleven, and a former NBA player is buying a 10% stake in the Milwaukee Bucks. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 12, 2024
CFTC Can't Pause Decision To Allow Election Betting
A D.C. federal judge on Thursday refused to stay a ruling that found the Commodity Futures Trading Commission overstepped its bounds by blocking an online trading platform from allowing users to place bets on the outcome of U.S. congressional elections.
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September 12, 2024
Marlowe To Spin Off Health Unit For £225M AIM Listing
Regulatory compliance firm Marlowe PLC said Thursday that it intends to spin off its occupational health division to form an independent company, Optima Health PLC, and list it on the junior market of the London Stock Exchange at a valuation of £225 million ($294 million).
Expert Analysis
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Will Texas Stock Exchange Provide Regulatory Haven?
While the newly proposed Texas Stock Exchange may represent a market reaction to increasingly complex regulations, those looking to list on a national securities exchange should consider that their choice of an exchange may not relieve them of some of the most burdensome public company requirements, say Elizabeth McNichol and Ryan Lilley at Katten.
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Equity Rights Offering Considerations As Maturity Cliff Looms
Current market uncertainties make an equity rights offering — involving affiliate backstop investors — a cost-effective, capital-raising transaction for distressed companies looking to manage their leverage ahead of the impending maturity of a substantial number of COVID-era debt issuances, say attorneys at Winston & Strawn.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Best Text Practices In Light Of Terraform's $4.5B Fraud Deal
Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants
The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, say Lisa Bugni and Benjamin Lee at King & Spalding.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.