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Capital Markets
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February 26, 2025
Fuel Co. Trustee Accuses Ex-Owners Of $100M Buyout Fraud
The founders and former majority owners of the bankrupt fuel distributor Mountain Express Oil Co. were hit with a lawsuit by the company's trustee Monday alleging that they took nearly $100 million out of the business through a bogus stock buyout that pushed it to the brink of insolvency.
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February 26, 2025
2nd Circ. Won't Revive Federal Claims In Uniswap Crypto Suit
The Second Circuit affirmed Wednesday that Uniswap Labs and its venture capital backers can't be held liable under federal securities law for the sale of so-called scam tokens on the decentralized Uniswap exchange, but directed the New York federal judge who tossed the buyers' suit to take another look at their state law claims.
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February 26, 2025
GOP-Led House Panel Pushes Easier Rules On Capital Raising
A U.S. House of Representatives subcommittee invited input Wednesday on a slew of deregulatory bills that seek to ease rules governing private and public securities offerings, drawing plaudits from the Republican majority and mixed responses from Democrats.
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February 26, 2025
PierFerd Adds Ex-Alston & Bird Real Estate Finance Attorney
Pierson Ferdinand LLP said Wednesday it has added a real estate finance securitization partner who was previously an attorney at Alston & Bird LLP to its corporate department.
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February 25, 2025
FBI Came For Abramoff Asking About Russian Spy-Linked Pal
Disgraced lobbyist and government witness Jack Abramoff told jurors Tuesday during his cross-examination at the fraud trial of a cryptocurrency company founder he worked for that the FBI initially approached him in 2018 with questions about his connection to a conservative operative once linked to a Russian agent.
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February 25, 2025
Binance Can't Evade Terror Victims' Suit, But It's Trimmed
The New York federal judge overseeing Hamas attack survivors' claims against Binance and its former CEO said on Tuesday that the defendants can't dodge the suit claiming they aided terrorist groups on a jurisdictional basis, but said some of the plaintiffs are not closely related enough to the victims to bring claims under the Anti-Terrorism Act.
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February 25, 2025
Horse-Racing Co.'s 'Unregistered' NFTs Cost Gains, Suit Says
A nonfungible token project that once allowed users to invest in virtual versions of real-life racehorses is caught in a proposed class action from an investor who alleges that "Game of Silks" failed to register its tokens as securities and disclose key information to buyers before it collapsed.
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February 25, 2025
SEC Reaffirms Defense Of Market Surveillance Tool
The U.S. Securities and Exchange Commission has said it is not done defending the existence of a controversial market surveillance tool despite the agency's recent curtailment of the types of information it collects.
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February 25, 2025
Another Crypto Co. Says SEC Inquiry Ends Without Action
Decentralized finance platform Uniswap Labs announced Tuesday that the U.S. Securities and Exchange Commission closed its multi-year investigation into the firm, marking the latest crypto business to claim the regulator is walking away without taking action.
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February 25, 2025
Dem Commissioner To Leave CFTC Upon New Chair's Arrival
U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday afternoon that she plans to exit the agency as soon as Congress confirms the appointment of a new chair, likely leaving the financial markets regulator with only a single Democrat overseeing its activities.
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February 25, 2025
SEC's Small Biz Panel Seeks Relief For Venture Funds
A U.S. Securities and Exchange Commission advisory group is recommending the agency ease rules to allow qualifying venture funds to attract more investors without registering with the SEC, hoping to bolster capital available to small businesses.
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February 25, 2025
Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel
Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.
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February 25, 2025
Ex-Allianz Exec Avoids Prison As Massive Fraud Case Wraps
A Manhattan federal judge on Tuesday allowed a former fund executive from New Jersey to avoid prison for lying to clients of Allianz's U.S. unit, citing his cooperation as the government investigated a fraud that cost the German finance giant $6 billion.
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February 24, 2025
Lobbyist Abramoff Testifies At Fraud Trial Against Crypto CEO
Disgraced Washington, D.C., power broker Jack Abramoff told jurors on Monday that he participated in a conspiracy with the founder of an "anti-money laundering" cryptocurrency company accused of bilking investors out of $5 million, testifying remotely due to a recent cancer diagnosis.
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February 24, 2025
SEC Crypto Task Force Wants Input, Commissioner Says
U.S. Securities and Exchange Commission Commissioner Hester Peirce urged firms to bring their input to her Crypto Task Force in a Friday statement that outlined a series of questions the group is grappling with, including the taxonomy of tokens.
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February 24, 2025
Biotech Minority Investor Sues In Del. To Block Control Moves
A company control and takeover battle between Aurion Biotech Inc. and a large investor made its second landing in Delaware's Court of Chancery on Monday, in a minority stockholder's direct and derivative suit accusing Alcon Research Inc. and its board designates of multiple fiduciary breaches.
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February 24, 2025
Robinhood, OpenSea Say SEC Closed Crypto Inquiries
Robinhood said Monday that the U.S. Securities and Exchange Commission "has officially closed" an investigation into its cryptocurrency arm without any enforcement action, joining a growing number of crypto matters the SEC has dropped or paused under the new Trump administration.
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February 24, 2025
Texas Bank Fights To Keep $28M In Assets In Ginnie Mae Suit
A bank told a Texas federal court that it will lose $28 million worth of collateral assets if Ginnie Mae secures a summary judgment win in a suit over a vacated first-priority lien.
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February 24, 2025
SEC Could Loosen Income Limits On Startup Investments
The U.S. Securities and Exchange Commission's acting chairman said Monday that the agency is looking at a number of changes aimed at freeing up capital for investment, including the possibility of allowing lower- and middle-income Americans to invest in private, early-stage companies.
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February 24, 2025
Trump Media Seeks Shareholder Approval To Leave Delaware
The owner of Donald Trump's social media platform plans to hold a shareholder vote in April asking investors whether it should move its legal address to Florida, potentially joining a growing number of companies reincorporating outside of Delaware.
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February 24, 2025
Moves To Change Del. Corporate Law Spark Pushback
A public opposition campaign complete with website and street signs has surfaced to oppose corporation and bar-backed legislation that would overhaul Delaware stockholder litigation rights and fee awards, intensifying an already unprecedented political fight that broke out last year over corporate governance concessions.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Wall Street Groups Back Rescinding Biden Crypto Guidance
Wall Street's top lobbies are backing President Donald Trump's cryptocurrency agenda and have called for the recission of Biden-era federal banking policies and guidance that it says have "hindered" banks' ability to engage in the digital asset industry.
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February 21, 2025
Shkreli Avoids Sanctions Over 'Frustrating' Wu-Tang Tangle
Convicted former pharmaceutical executive Martin Shkreli won't have to pay sanctions after purportedly dragging his feet for nearly six months on complying with court orders to hand over copies of a Wu-Tang Clan album to the crypto project that bought it from him.
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February 21, 2025
Crypto Mining Machine Co. Bgin Blockchain Files $50M IPO
Cryptocurrency mining company Bgin Blockchain Ltd. filed for an initial public offering Friday with the U.S. Securities and Exchange Commission that is expected to raise $50 million, represented by Hunter Taubman Fischer & Li LLC and underwriters counsel Robinson & Cole LLP.
Expert Analysis
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.