Capital Markets

February 21, 2025
Judge Trims $40M Green Energy Co. Investor Suit

A Tennessee federal judge won't toss a proposed class action claiming that a Chicago green energy outfit and its executives used false promises of extravagant returns to lure investors, but ruled two defendants can escape some of the suit's claims.
February 21, 2025
FINRA Fines Merrill Lynch Over Early Sales Of IPO Shares

Merrill Lynch will pay a $275,000 fine to settle the Financial Industry Regulatory Authority claim that, for nearly three years, the firm accepted purchase orders for shares of newly issued stock prior to the opening of secondary market trading in those shares.
February 21, 2025
Prime Core Crypto 'Hopelessly Commingled,' Plan Admin Says

Counsel for the administrator of cryptocurrency custodian Prime Core's Chapter 11 wind-down plan on Friday defended its decision to treat the debtor's cryptocurrency as property of the estate, even when it came from customers.
February 21, 2025
Va. Judge Won't Bar DOGE Access To Treasury, OPM Data

A Virginia federal judge on Friday rejected a data privacy watchdog's bid for a preliminary injunction blocking Elon Musk's Department of Government Efficiency from accessing data systems housed in the U.S. Department of the Treasury and the U.S. Office of Personnel Management.
February 21, 2025
Swizz Beatz Says Suit Over 1MDB Funds Is Time-Barred

Hip-hop artist Swizz Beatz has told a Manhattan federal judge that a suit claiming he received millions of dollars that were stolen in the 1Malaysia Development Berhad fraud scandal should be tossed since it was brought after the six-year statute of limitations.
February 21, 2025
Coinbase Says SEC Will Drop Suit Amid Crypto Policy Shift

Coinbase said Friday the U.S. Securities and Exchange Commission has committed to dropping its enforcement action against the crypto exchange, a move that would see the regulator walk away from one of its flagship crypto suits amid a wider policy shift under the Trump administration.
February 20, 2025
Ex-Rio Tinto CFO Must Keep Fighting SEC Fraud Case

A New York federal judge on Thursday refused to throw out the U.S. Securities and Exchange Commission's suit accusing Rio Tinto PLC's former chief financial officer of violating accounting and auditing rules, ruling that certain claims should be decided by a jury.
February 20, 2025
Citron Research Founder Ran 'Classic' Fraud Ploy, DOJ Says

The well-known activist short-seller Andrew Left shouldn't escape U.S. Department of Justice allegations he improperly made $16 million using bait-and-switch tactics to manipulate trading prices, prosecutors have argued, saying the indictment makes it clear he's been charged with "a classic securities fraud scheme."
February 20, 2025
New SEC Enforcement Unit Shows Drift From Crypto Focus

The U.S. Securities and Exchange Commission continued its efforts to shift its approach to digital asset enforcement under the Trump administration when it announced Thursday that it replaced the unit responsible for many of its controversial crypto registration suits with a new fraud-focused iteration that will take a broader focus on "cyber and emerging technologies."
February 20, 2025
FINRA Foe Asks Justices To Stay In-House Case

A brokerage firm facing possible expulsion from the securities industry asked the U.S. Supreme Court on Thursday to press pause on the Financial Industry Regulatory Authority's case against it while the justices decide whether to hear a challenge to the regulator's constitutionality.
February 20, 2025
SafeMoon Exec Says He'll Cop To 2 Conspiracy Charges

The chief technology officer behind the alleged SafeMoon LLC crypto fraud was a step closer to changing his not guilty plea Thursday on two of three counts of the indictment — a move that came after a Brooklyn federal judge declined to delay his co-defendant's trial last week.
February 20, 2025
Fed's Barr Defends Long-Term Debt Mandate For Big Banks

The Federal Reserve's chief bank regulator said Thursday that the country's financial system was "sound and resilient" but warned of increased risks if post-financial crisis reforms aren't maintained and finished, specifically arguing for the implementation of Basel III Endgame rules on liquidity standards and debt requirements.
February 20, 2025
New SEC Guidance Throws A 'Bit Of Chaos' Into Proxy Season

The U.S. Securities and Exchange Commission's recent effort to loosen its guidance around what companies can exclude from their proxy statements isn't surprising given the change in administration, but the timing of its release has thrown a monkey wrench into a proxy season that is already underway, attorneys said.
February 20, 2025
Another Ex-Allianz Exec Gets No Time For $7B Investor Fraud

A former managing director for Allianz SE's U.S. unit on Thursday avoided a term of imprisonment for his role in a ploy to con investors about the riskiness of a group of private funds that lost over $7 billion when the COVID-19 pandemic hit.
February 20, 2025
Select SPAC Targets Are Soaring Ahead Of The Pack

A select breed of companies that went public through mergers with special purpose acquisition companies are performing well lately — hailing mostly from a few specific industries — in stark contrast to the vast majority of SPAC merger targets that have flopped over the past few years, according to data released on Thursday.
February 20, 2025
Lottery.com Exec Indicted Over Allegedly Bogus SPAC Filings

New York federal prosecutors unveiled criminal charges Thursday against Trident Acquisitions Corp.'s former CEO, accusing the executive of duping investors about the profitability of a 2021 take-public deal involving Lottery.com Inc. before cashing out and lying under oath while privately telling alleged co-conspirators he's in "deep, deep, deep, deep water."
February 20, 2025
Trump Executive Order Could Hinder Crypto Rules, SEC Suits

A new executive order giving the White House more power over independent agencies could slow rulemaking and enforcement activity at the U.S. Securities and Exchange Commission and even put a damper on its ability to write rules governing the cryptocurrency industry, legal experts told Law360.
February 20, 2025
Schwab Antitrust Settlement With Investors Gets Initial OK

A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.
February 20, 2025
Complex Financial Instruments Group Of The Year: Cahill Gordon

Cahill Gordon & Reindel LLP's expertise in leveraged finance helped it execute a bevy of high-impact deals in 2024 — including its representation of financial institutions that negotiated the blockbuster, $8.4 billion merger of entertainment giants Paramount Global and Skydance Media — earning the firm a spot among the 2024 Law360 Complex Financial Instruments Groups of the Year.
February 20, 2025
Musk's X Seeks Cash At $44B Valuation, Plus More Rumors

Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.
February 19, 2025
'Death Knell' For SEC Dealer Rule As Regulator Drops Appeal

The U.S. Securities and Exchange Commission on Wednesday dropped its bid to revive its expansion of the dealer definition at the Fifth Circuit after industry groups representing private funds and crypto firms successfully challenged the rule in Texas federal court last year.
February 19, 2025
Robinhood Says It Faces New Scrutiny From States, FDIC

Online brokerage Robinhood is facing investigations from Massachusetts' state securities regulator and the Federal Deposit Insurance Corp. alongside an ongoing probe from the New York attorney general, the firm disclosed in its latest filing with the U.S. Securities and Exchange Commission.
February 19, 2025
SEC Says Duo Ran $1.5M Scam To Fund Deal With Red Flags

The U.S. Securities and Exchange Commission has accused two California insurance brokers and their firm of fraudulently raising $1.5 million from an investor and then losing the money to an overseas investment scheme that the agency said presented many red flags.
February 19, 2025
Crypto Group Urges Rollback Of IRS Broker Rule

A coalition of members of the cryptocurrency trade group Blockchain Association urged congressional leaders Wednesday to repeal a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers.
February 19, 2025
WaPo Can't Blame Source In Libel Suit, Trump Media Says

Trump Media & Technology Group Corp. has told a Florida federal court that the Washington Post can't blame a source for providing false information published in a story alleging the company committed securities fraud, saying that reason isn't sufficient to dismiss a $3.8 billion defamation lawsuit against the newspaper.

Expert Analysis

What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
The 6 Most Significant FCRA Litigation Developments Of 2024

From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
The Securities Litigation Trends That Will Matter Most In 2025

2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
How White Collar Enforcement May Shift In Trump's 2nd Term

After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
New Trump Admin May Bring Financial Oversight Turbulence

As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
The Justices' Securities Rulings, Dismissals That Defined '24

The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
2024 Election Results May Prove Fortuitous For Family Offices

Thanks to the decisive Republican victories in the 2024 elections, family offices have a unique opportunity for accelerated growth and influence, particularly through the benefits afforded by patient capital, says Edward Taibi at Olshan Frome.
10 Noteworthy CFPB Developments From 2024

In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
Series

Fixing Up Cars Makes Me A Better Lawyer

From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
2024 Has Been A Momentous Year For ESG

Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
Making The Pitch To Grow Your Company's Legal Team

In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.