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Capital Markets
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October 15, 2024
Aurora Cannabis Gets First Nod For $8M Investor Suit Deal
Aurora Cannabis Inc.'s $8.05 million settlement with a proposed class of investors who accused it of orchestrating a $21.7 million "round-trip sale" to keep its stock prices high got a U.S. magistrate judge's initial sign-off along with an order pausing the parties' dispute while the deal is reviewed.
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October 15, 2024
Ga. Fund Manager Who Fled Country Cops To Fraud Charge
An Atlanta financier admitted Tuesday to running a fund that ripped off investors to the tune of millions of dollars before fleeing the country as the scheme collapsed, pleading guilty to a single charge of interstate transfers of stolen money, prosecutors said.
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October 15, 2024
Coinbase Ally Seeks To Compel SEC To Fulfill Info Request
A research consultancy working with crypto exchange Coinbase said Tuesday that it plans to seek a quick win in its case to compel internal documents from the U.S. Securities and Exchange Commission after the agency allegedly said it would restart its review of the requests three years from now.
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October 15, 2024
PE-Backed Ingram Micro Leads 2 IPOs Seeking $466M Total
Private equity-backed information technology company Ingram Micro Holding Corp. on Tuesday unveiled a price range on an estimated $400 million initial public offering set to price next week, one of two companies to launch plans for IPOs that could net $466 million combined.
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October 15, 2024
Viks Must Face Asset Sale Meddling Suit, Deutsche Bank Says
Deutsche Bank AG's lawsuit alleging that billionaire Alexander Vik and his daughter interfered in the court-ordered sale of shares in a Norwegian software company is separate from the issue that a Connecticut judge already decided in 2021, so the defendants are wrong to claim that it is barred, the bank said in seeking to keep the case alive.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 14, 2024
Crypto-CEO Faces US Extradition In Market Manipulation Case
The former chief executive of a $7.5 billion crypto-asset company appeared at a London court Monday accused by the U.S. government of manipulating the market for the company's dog-themed "Saitama Inu" crypto-tokens before selling them for tens of millions in profit.
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October 11, 2024
Natural Gas Co. Says More Info Needed In $195M Award FIght
A Spanish natural gas company has asked a New York federal court to let it seek discovery as it looks to vacate a $195 million arbitral award issued against it following a dispute over a liquefied natural gas swap transaction, saying it needs more information about an alleged fraud.
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October 11, 2024
Aerospace Firm To Pay SEC $1.1M Over India Bribe Claims
Aerospace components manufacturer Moog Inc. will pay a $1.1 million civil penalty to resolve U.S. Securities and Exchange Commission claims that an Indian subsidiary of the company violated the Foreign Corrupt Practices Act in connection with an alleged scheme to bribe Indian officials.
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October 11, 2024
M&A Dispute Triggers Could Shift Moving Into 2025
Legal disputes are a fact of life when it comes to mergers and acquisitions, but the deal provisions seen as the most likely to spur conflict have shifted since the impacts of the COVID-19 pandemic have subsided, according to attorneys surveyed in a new report from Berkeley Research Group.
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October 11, 2024
Fintech-Focused Cohen SPAC Leads 2 IPOs Worth $250M
Cohen Circle Acquisition Corp. I, a special purpose acquisition company founded by financial services industry veteran Betsy Cohen, began trading Friday, one of two SPACs that completed initial public offerings for a combined $250 million.
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October 11, 2024
Swiss Native Ran $8M International Stock Fraud, SEC Says
A Swiss-born Massachusetts resident ran a years-long international fraud scheme by tricking investors, mainly from Europe, into investing with him and then absconding with the money, the U.S. Securities and Exchange Commission alleged in a Friday suit.
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October 11, 2024
Judge Doubts FTX Alum Needs Further Dog Bite Recovery
A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.
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October 11, 2024
UPS Bumped Stock With Bogus Statements, Investor Alleges
UPS was hit with a proposed investor class action from a shareholder who alleges that the shipping and logistics giant artificially boosted its earnings projections before revealing disappointing numbers this summer that sent the company's stock price tumbling down by over 12% in a single day.
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October 11, 2024
6 Firms Guide IPO Trio From Biotech, Medical Device Cos.
Two venture-backed biotechnology startups and a medical device maker began trading Friday after pricing three initial public offerings that raised $510 million combined — all of which were enlarged from original plans — under guidance from six law firms.
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October 11, 2024
Quinn Emanuel Faces DQ Bid For Musk-Dogecoin Deal Leak
Dogecoin investors want Quinn Emanuel Urquhart & Sullivan LLP to be disqualified in their case against Elon Musk and Tesla Inc. because the law firm and its attorneys publicly disclosed a confidential settlement offer in the contentious lawsuit.
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October 11, 2024
Bitnomial Suit Says SEC Is Muscling Into CFTC's Crypto Turf
Cryptocurrency platform Bitnomial Exchange LLC is suing the U.S. Securities and Exchange Commission in Illinois federal court, alleging that the regulator is overstepping its jurisdiction by attempting to block it from listing futures contracts for Ripple Labs' token XRP despite a court ruling that such secondary sales are valid.
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October 11, 2024
Nelson Mullins Can't Beat DQ In Foreign Exchange Fraud Suit
A Florida state appeals court panel unanimously sided with a trial court Friday in deciding that Nelson Mullins Riley & Scarborough LLP can't represent the defendant in a lawsuit accusing him of duping the plaintiff into doing business with online foreign exchange platform FxWinning Ltd. because the firm previously represented the plaintiff in a "substantially related" suit against the company.
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October 10, 2024
4 Key Details From TD's Historic $3.1B Money Laundering Deal
U.S. authorities have levied some of the biggest, most serious penalties of their kind against TD Bank as part of a mammoth $3.1 billion anti-money laundering settlement announced Thursday. Here's a closer look at how the Canadian bank got here.
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October 10, 2024
Feds Slam Ex-FTX Exec's '11th Hour' Prison Delay Bid
Federal prosecutors slammed an "eleventh hour request" from former FTX co-CEO Ryan Salame to further delay the start of his prison sentence, telling a New York federal judge that Salame has apparently recovered from the dog attack that postponed his first surrender date and any remaining medical care appears "largely cosmetic and nonurgent."
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October 10, 2024
Rosen, Rigrodsky Law To Lead Coupang IPO Derivative Suit
The Rosen Law Firm PA and Rigrodsky Law PA will represent investors in a consolidated derivative action against brass at South Korean e-commerce company Coupang Inc. over alleged misrepresentations about its labor practices ahead of its $3.5 billion initial public offering.
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October 10, 2024
SEC Sues Crypto Arm Of Proprietary Trading Firm DRW
The U.S. Securities and Exchange Commission accused the crypto-focused subsidiary of proprietary trading firm DRW Holdings of operating as an unregistered securities dealer by effecting more than $2 billion in crypto transactions, according to a complaint filed Thursday in Illinois federal court.
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October 10, 2024
FINRA Fines Citadel Securities, IMC Over Audit Trail Reporting
Citadel Securities LLC and IMC Financial Markets agreed to fines of $1 million and $1.2 million, respectively, to settle allegations from the Financial Industry Regulatory Authority that they failed to accurately or timely report tens of billions of equity and option orders to the consolidated audit trail.
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October 10, 2024
Attys For Voyager Digital Users Get $1.3M After Earn Deal
Attorneys representing a proposed class of users of the now-bankrupt cryptocurrency firm Voyager Digital Holdings will receive $1.3 million in fees after brokering the settlement of claims the company "aggressively marketed" unregistered securities.
Expert Analysis
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SolarWinds Ruling Offers Cyber Incident Response Takeaways
The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Evolving Regulatory Oversight For AI And Asset Management
Attorneys at K&L Gates discuss the evolving regulatory and legislative landscape for artificial intelligence in the asset management industry, as the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission and Congress consider how to address potential investor protection and systemic risks associated with AI.
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Series
A Day In The In-House Life: Block CLO Talks Problem-Solving
Amid the busy summer months, Block Inc. Chief Legal Officer Chrysty Esperanza chronicles a typical Wednesday where she conquered everything from unexpected fintech regulatory issues and team building to Bay Area commutes and school drop-off.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Opinion
After Jarkesy, IRS Must Course-Correct On Captive Insurance
The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.