Securities

  • March 12, 2025

    SEC Answers Latham's Call To Free Up Private Capital

    Staff at the U.S. Securities and Exchange Commission issued guidance Wednesday that could allow accredited investors to self-certify their ability to participate in private securities offerings, a move that Latham & Watkins LLP said represents a "new era" for capital fundraising. 

  • March 12, 2025

    Del. Senate Panel Sends Corp. Law Overhaul To Full Chamber

    Delaware legislation that could narrow stockholder opportunities to sue state-chartered corporations for fiduciary duty breaches or access to books and records moved to the state's full Senate on Wednesday after a less than 90-minute committee hearing that leaned toward the bill's supporters.

  • March 12, 2025

    Binance Asks Judge To Rethink Upholding Terror Victims' Suit

    Cryptocurrency exchange Binance and its former CEO Changpeng Zhao have asked a New York federal judge to reconsider his ruling allowing a bulk of claims from a group of Hamas attack survivors to move forward, arguing that the survivors do not allege that Binance had a "close nexus" to the terrorist groups that allegedly used its platforms.

  • March 12, 2025

    Caribou Biosciences Brass Face Investor's Clinical Trials Suit

    Executives and directors of Caribou Biosciences Inc. have been hit with a shareholder's derivative suit alleging that they overstated the safety and efficacy of Caribou's cell therapy and concealed that the company was at risk of being unable to fund its operations.

  • March 12, 2025

    Convicted Insurance Magnate Settles SEC's $57M Fraud Suit

    Convicted insurance mogul Greg Lindberg has netted a deal with the U.S. Securities and Exchange Commission to resolve claims he misappropriated $57 million in client funds, tying up the civil suit just four months after he copped to related criminal charges.

  • March 12, 2025

    Crypto CEO Linked To Jack Abramoff Convicted Of Fraud

    A California federal jury on Wednesday convicted a cryptocurrency company founder of fraud and money laundering over allegations he stole more than $10 million from tens of thousands of investors in a scheme that involved disgraced ex-lobbyist Jack Abramoff.

  • March 12, 2025

    PwC Singapore Fudged Compliance Test Data, PCAOB Says

    PricewaterhouseCoopers' Singapore unit has agreed to pay $1.5 million to settle allegations from the Public Company Accounting Oversight Board that the firm failed to have proper policies and procedures in place for periodic reviews of staff members' financial independence.

  • March 12, 2025

    Ex-Smartmatic Execs Seek FCPA Reprieve After Trump Order

    Two former executives of electronic-voting system developer Smartmatic asked a Florida federal judge on Wednesday to push back the schedule in their bribery case while the U.S. Department of Justice reviews pending Foreign Corrupt Practices Act cases.

  • March 12, 2025

    Ohio Man Gets 30 Months For $2M Energy Investment Scam

    An Ohio man was sentenced to 2½ years in federal prison for his role in a $2 million scheme that duped investors into thinking they were funding the construction of a plant that would convert biodegradable waste into green energy, acting U.S. Attorney Troy Rivetti announced.

  • March 12, 2025

    Mallinckrodt Investors Ask NJ Court To Approve $46M Deal

    A group of Mallinckrodt PLC investors has asked a New Jersey federal judge to grant final approval to a $46 million settlement they reached with executives and directors of the pharmaceutical company to resolve claims that they misrepresented the prospects of a drug the company developed.

  • March 12, 2025

    Feds, Ex-Cognizant Execs Ink April Date For FCPA Trial

    A New Jersey federal judge set an April 7 trial date for the Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives on Wednesday, firming up a case timeline that's been beset by multiple delays, most recently due to the Trump administration's retreat from enforcing the statute.

  • March 12, 2025

    Ex-Fed Examiner Seems Prison-Bound In Insider Trading Case

    A former senior banking supervisor for the Federal Reserve Bank of Richmond who pled guilty to insider trading appears likely to be sentenced to prison later this month, after both he and prosecutors have asked a Virginia federal judge for a custodial sentence.

  • March 11, 2025

    Crypto CEO A 'Grifter' Who Stole Millions, Jurors Told

    Cryptocurrency company founder Marcus Andrade is a "grifter" who stole millions and left investors empty-handed, a prosecutor told a California federal jury Tuesday during closing arguments while a defense lawyer said his client was a "dreamer" who acted in good faith and was taken advantage of by ex-lobbyist Jack Abramoff.

  • March 11, 2025

    Musk Opens Del. Appeal To Recover $56B In Tesla Pay

    Elon Musk on Tuesday launched his Delaware Supreme Court appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the celebrity CEO.

  • March 11, 2025

    Digimarc Faces Investor Suit Over Subscription Plunge

    Digital watermarking technology company Digimarc Corp. and two of its executives face a proposed investor class action alleging that the company failed to warn investors that its recurring revenue would take a significant hit after one of its major customers had its contract expire in June.

  • March 11, 2025

    SEC Disgorgement Snipped By $1M In Collectibles Fraud Case

    A New York federal judge has trimmed over $1 million from a disgorgement award the U.S. Securities and Exchange Commission sought in a long-running suit against a sports memorabilia merchant found liable at trial for ripping off investors, after a recalculation revealed that the company had already repaid some of its victims.

  • March 11, 2025

    SDNY Illicit Finance Unit Co-Chief To Depart US Atty's Office

    The co-chief of the Southern District of New York's Illicit Finance and Money Laundering Unit said in a withdrawal notice that he's leaving the U.S. attorney's office at the close of this week and requested that he be removed as counsel of record in an ongoing criminal case.

  • March 11, 2025

    Origin Brass Face Investor Suit Over Factory Delay Disclosure

    Executives and directors of sustainable chemical manufacturer Origin Materials have been hit with a shareholder's derivative suit alleging that they concealed a three-year construction delay affecting a production facility the company was building that increased company costs and altered relationships with its customers, including Pepsi.

  • March 11, 2025

    Innodata Slams 'AI Washing' Shareholder Suit As Flimsy

    Investors in data engineering company Innodata Inc. "essentially cut and pasted" claims from a short-seller's report on the company into their proposed class action accusing the company of "AI washing," despite the company's recovery from a related trading price dip, the company has argued.

  • March 11, 2025

    Florida Judge Won't Block FINRA Action Against Broker

    A Florida federal judge has declined to block a Financial Industry Regulatory Authority enforcement action against a broker-dealer representative, despite his claims that the pending in-house hearing is unconstitutional under the U.S. Supreme Court's recent Jarkesy decision.

  • March 11, 2025

    Hedge Fund Group Sends SEC Its Regulatory Wish List

    The U.S. Securities and Exchange Commission should reevaluate rules that impose "significant, unjustified costs and burdens on investors and other market participants with little to no corresponding benefits," the Managed Funds Association said in a letter to the regulator Tuesday.

  • March 11, 2025

    NY's Banking Regulator Hangs 'Help Wanted' Sign In DC

    At a Washington, D.C., appearance on Tuesday, New York's top financial services regulator Adrienne Harris had a message for the legions of federal financial agency employees who have been cut loose by the Trump administration in recent weeks: She's hiring.

  • March 11, 2025

    Entity That Got Ponzi Scheme Funds Must Face SEC Suit

    A Texas federal judge has declined to free an entity that accepted part of proceeds from an $8.4 million Ponzi scheme from an SEC action, writing that he could "reasonably infer" the entity did not accept the funds in good faith.

  • March 11, 2025

    Weapons Check Co. Sued In Del. After Hyped Reports, Probes

    A shareholder of weapons screening system developer Evolv Technologies fired off a derivative suit on the company's behalf in Delaware's Court of Chancery late Monday, seeking recovery of damages arising from allegedly hyped marketing of flawed, artificial intelligence-enabled systems that failed to meet threat detection claims.

  • March 11, 2025

    GPB Capital Execs Denied New Trial In Fraud Case

    Two GPB Capital executives were denied a new trial by a Brooklyn federal judge who said a jury was reasonable in finding them guilty of running their funds like a Ponzi scheme, using investor capital to make distribution payments to give the appearance of a healthy portfolio.

Expert Analysis

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis

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    In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.

  • 5 Major Crypto Developments From The Trump Admin So Far

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    The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.

  • Comparing 2 Pending Bills To Regulate Stablecoins

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    Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • How Private Securities Suits Complement SEC Enforcement

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    U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.

  • The Case For Compliance During The Trump Administration

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    Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • A Look At A Possible Corporate Transparency Act Exemption

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    Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • What Banks Need To Know About Trump's Executive Orders

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    While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.

  • How SDNY US Atty Nom May Shape Enforcement Priorities

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    President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

  • What Companies Should Consider During FCPA Pause

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    While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.

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