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Securities
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September 16, 2025
Biz Groups Ask 9th Circ. To Block Calif. Climate Rules
A coalition of business groups asked the Ninth Circuit to halt two new California climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks, while they appeal a lower court's refusal to preliminarily block the rules that they say violate their First Amendment rights.
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September 16, 2025
Avalara Investors' Claims Pass Muster After 9th Circ. Revival
A Washington federal judge has allowed a proposed class action to proceed accusing tax software company Avalara Inc. of misleading investors ahead of an $8.4 billion deal to take the company private, but said the suit failed to adequately allege negligence by individual board members, giving investors one week to amend those claims.
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September 16, 2025
BrainStorm Can't Shed Investors' ALS Treatment Trial Claims
Biopharmaceutical company BrainStorm Cell Therapeutics Inc. must face a proposed investor class alleging it misrepresented feedback from the U.S. Food and Drug Administration regarding clinical trials for an ALS product candidate that failed to get approval, though a Manhattan federal judge has tossed the suit's insider trading allegations and certain fraud claims.
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September 16, 2025
Semiconductor Co. Must Face Pandemic Demand Suit
Semiconductor manufacturer STMicroelectronics cannot escape a putative investor class action accusing it of failing to acknowledge pandemic-related demand declines, with a New York federal judge ruling the suit plausibly alleges that the company omitted material facts in its public statements.
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September 16, 2025
Influencers Walk Back Claim Of Capital One Settlement
Attorneys for a proposed class of social media influencers on Tuesday withdrew a notice of settlement in their suit accusing Capital One of stealing commissions from creators, saying no settlement exists and that they signed the notice on Capital One's behalf without permission.
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September 16, 2025
Casino Giant Urges Fla. Court To Toss Bahamas Fraud Suit
U.S.-based casino operator Genting Americas Inc. has urged a Florida federal court to dismiss a lawsuit alleging that it used a resort in the Bahamas to obscure fraudulent activities, saying the suing real estate company failed to deliver a proper amended derivative complaint ordered by a judge.
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September 16, 2025
BlackRock Blames Coal Production Cuts On Falling Demand
BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.
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September 16, 2025
Twitter Stock Maven Tells Jury He Was 'Addicted' To Trading
An Ohio salesman accused of securities fraud told a Manhattan federal jury Tuesday that he was hooked on trading penny stocks, after a rough morning of testimony during which a lawyer from the U.S. Securities and Exchange Commission forced him to admit his goal was to move share prices.
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September 16, 2025
SEC Blasts Thrivent's Attempt To 'Upend' FINRA Oversight
The Securities and Exchange Commission is defending its refusal to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority at the request of financial services organization Thrivent, urging the D.C. Circuit to reject the company's appellate petition and leave FINRA's arbitration rules as they are.
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September 15, 2025
Rent The Runway Gets Investor Suit Trimmed On 2nd Look
Designer dress rental company Rent the Runway convinced a New York federal judge to trim certain shareholder claims against it after the judge reconsidered an earlier ruling on a putative class action suit that alleges the company failed to inform investors about major challenges it was facing prior to its 2021 initial public offering.
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September 15, 2025
Ex-Voyager CEO To Pay $750K To Resolve CFTC Action
A New York federal judge signed off on a deal Monday that will have the former CEO of Voyager Digital pay $750,000 to resolve the U.S. Commodity Futures Trading Commission's claims he misled investors about the safety of the crypto lender prior to its collapse.
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September 15, 2025
SEC Says 'Nutrient Infused' Water Biz Was A $10.3M Fraud
A phony dentist and his "nutrient infused" bottled-water company have agreed to settle U.S. Securities and Exchange Commission claims that they fraudulently raised $10.3 million from over 50 investors after he agreed to plead guilty to wire fraud in a parallel criminal case, the agency said Monday.
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September 15, 2025
Chancery OKs Public Access To Some SpaceX Suit Docs
Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.
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September 15, 2025
Investor Says $16M Ouraring Fight Shouldn't Go To Finland
An early investor in the Oura health and fitness tracker is fighting Ouraring Inc.'s attempt to send his $16 million dispute to arbitration in Finland, saying there is no underlying agreement to arbitrate and his lawsuit should stay in California federal court.
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September 15, 2025
2nd Circ. Upholds Dismissal Of Libor Rigging Claims
The Second Circuit on Monday affirmed the dismissal of investor lawsuits alleging multiple global banks, including UBS and Lloyds Bank, conspired to rig the benchmark interest rate Libor, which is tied to the British pound, finding the plaintiffs never showed they actually lost money from the alleged manipulation.
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September 15, 2025
Sports Betting Co. Accuses CFTC Of Blocking Its Registration
Sports betting app Sleeper Markets LLC has accused the Commodity Futures Trading Commission of an "illegal delay" of its bid to become a registered futures commission merchant, calling on the agency's internal watchdog to investigate the status of its application and the "broader potential illegality this incident strongly suggests may be occurring."
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September 15, 2025
Senate Confirms Top Trump Economist To Federal Reserve
The U.S. Senate narrowly confirmed top White House economist Stephen Miran to the Federal Reserve Board on Monday, giving President Donald Trump a close ally at the central bank as he pushes for greater control over the traditionally independent body.
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September 15, 2025
Trump Once More Floats The End Of The Quarterly Report
President Donald Trump has again suggested that publicly traded companies be allowed to issue financial reports twice a year instead of quarterly, reigniting a debate that stalled during his prior term in office when the U.S. Securities and Exchange Commission did not pursue such rulemaking.
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September 15, 2025
Shoe Brand Vans' Turnaround Turmoil Sparks Investor Suit
Outdoor apparel company V.F. Corp. has been hit with a proposed securities class action accusing it of misleading investors about the progress it made on a corporate turnaround strategy intended to return its shoe brand Vans to positive growth.
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September 15, 2025
DC Circ. Says Fed's Cook Can Keep Job For Now
A D.C. Circuit panel said Monday that Federal Reserve Gov. Lisa Cook can remain on the central bank's board while challenging President Donald Trump's effort to fire her, clearing the way for her to participate in a key interest-rate policy vote this week.
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September 15, 2025
SEC, Gemini Strike Deal Over Unregistered Crypto Trading
The U.S. Securities and Exchange Commission has reached a settlement in principle to resolve its unregistered securities trading claims against cryptocurrency exchange Gemini Trust Co., the parties told a New York federal judge Monday.
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September 15, 2025
RTX Beats Investor Suit Over Engine 'Microcrack' Claims
Aerospace and defense company RTX Corp. escaped a proposed investor class action alleging it concealed a known defect affecting a subsidiary's aircraft engines after a Connecticut federal judge found the complaint didn't show the alleged misrepresentations were known to be false, or even just false, when they were made.
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September 15, 2025
Compass Diversified Faces Shareholder Suit Over $265M Deal
Compass Diversified Holdings, a publicly traded statutory trust that buys industrial and branded consumer goods companies, was hit with an investor lawsuit in Connecticut federal court alleging that poor financial management of one of its companies ended up tanking Compass' stock price 62% years later.
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September 15, 2025
Bank CEO's Wife Says She Never Joined $7M Fraud
The wife of a former Puerto Rican bank CEO asked a Florida federal judge Friday to dismiss the bank receiver's $7 million conspiracy claim against her, arguing that simply signing a loan note is not proof that she knowingly joined any scheme to defraud the bank.
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September 15, 2025
Energy Trader Tries To Sink CFTC Spoofing Case
An energy trading firm and its owner asked an Illinois federal judge on Friday to grant summary judgment on the Commodity Futures Trading Commission's allegations they manipulated the crude oil market, saying the agency has put forward no evidence the owner intended to cancel the futures orders in question when he placed them.
Expert Analysis
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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3 Rulings Show Hurdles To Proving Market Manipulation Fraud
Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Untangling 'Debanking' Exec Order And Ensuing Challenges
President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.