Securities

  • September 03, 2025

    Derivative Claim Miss Dooms Chancery Squeeze-Out Suit

    A minority stockholder suit alleging a $15 million "sham foreclosure" of storage venture Clutter Holdings Inc. — allegedly once worth $1.2 billion — was tossed Wednesday in Delaware's Court of Chancery, in a ruling that found the claims unsupportable or derivative and ineligible for direct investor recoveries.

  • September 03, 2025

    C3.ai Execs Accused Of Hiding CEO's Health Impact On Co.

    Executives and directors of artificial intelligence software developer C3.ai were hit with a shareholder's derivative suit alleging they inflated company share prices by not disclosing that its CEO's health issues were preventing C3 from closing deals.

  • September 03, 2025

    CFTC Member Expresses 'Discontent' As She Exits Agency

    Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.

  • September 03, 2025

    Ex-OCC Acting Chief Counsel Joins Perkins Coie In DC

    The former acting chief counsel of the Office of the Comptroller of the Currency has joined Perkins Coie as a partner in the firm's Washington, D.C., office, where he will focus on bank mergers, regulatory matters, enforcement response and risk management, among other things.

  • September 03, 2025

    Conn. Fund Manager Sentenced For $3.4M Fraud Scheme

    A Stamford, Connecticut, man was sentenced Wednesday to four and a half years in prison plus three years of supervised release after admitting he defrauded investors out of $3.4 million through a Greenwich hedge fund he owned.

  • September 03, 2025

    Silvergate's $37.5M Investor Settlement Gets Final OK

    Investors of failed, cryptocurrency-focused Silvergate Bank secured a California federal judge's final approval Wednesday for their $37.5 million settlement of claims alleging the bank misrepresented its safeguards against onboarding customers like the collapsed, fraud-ridden crypto exchange FTX.

  • September 03, 2025

    7th Circ. Judge Probes FDIC's In-House Enforcement Powers

    A Seventh Circuit judge on Wednesday pushed counsel for the Federal Deposit Insurance Corp. to address whether an Illinois community bank's ex-chairman alleging the agency's in-house proceedings are unconstitutional waived his Seventh Amendment right to trial by jury by virtue of working at an institution that participates in the FDIC's insurance program.

  • September 03, 2025

    NC Panel Revives Biotech Co.'s Legal Malpractice Case

    A divided North Carolina appellate panel on Wednesday partially revived a biotech company's case accusing its former counsel of botching its defense in a $26 million defamation suit, finding the refiled complaint is not barred by the state's four-year statute of repose on legal malpractice claims.

  • September 03, 2025

    Del. Justices Mull Sports Media Co. Investors' Doc Appeal

    An attorney for sports streaming platform FloSports Inc. told a Delaware Supreme Court panel on Wednesday that three company stockholders put themselves in a "self-inflicted" predicament by pursuing revised, but unsupported, demands for company documents that were ultimately dismissed by the state's chancellor.

  • September 03, 2025

    Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes

    The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.

  • September 03, 2025

    Musk Atty Spiro's Latest Gig: Cleaning Fluid Co.'s Crypto Pivot

    Quinn Emanuel Urquhart & Sullivan partner Alex Spiro is set to chair the board of directors for a cleaning product company pivoting to a crypto strategy as it builds a $175 million treasury of Dogecoin, a crypto token favored by Spiro's client Elon Musk.

  • September 03, 2025

    Archegos Witness Avoids Prison After 'Extensive' Cooperation

    A former accountant who served as director of risk at Archegos before its fraud-driven collapse avoided prison Wednesday after a Manhattan federal judge said his testimony was crucial in securing the conviction and 18-year prison sentence imposed on fund founder Bill Hwang.

  • September 03, 2025

    Rural Broadband Association GC Joins Womble Bond In DC

    The former general counsel of the National Telecommunication Cooperative Association's Rural Broadband Association, has joined Womble Bond Dickinson as a senior counsel, the firm announced Tuesday.

  • September 02, 2025

    Fed Gov. Cook Doubles Down On Removal TRO Bid

    Federal Reserve Board Gov. Lisa Cook on Tuesday doubled down in her bid to have a D.C. federal court block President Donald Trump's attempt to strip her of her position, saying the federal government was trying to expand the limits of a "for cause" removal.

  • September 02, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.

  • September 02, 2025

    Crypto Cos. Figure, Gemini Eye Over $800M Total IPO Hauls

    Crypto platform Gemini, led by twin brothers Cameron and Tyler Winklevoss, announced Tuesday it plans to raise as much as $317 million in an upcoming initial public offering, while blockchain-based lending firm Figure Technologies Solutions Inc. announced plans to raise up to $526 million in its own public offering.

  • September 02, 2025

    SEC, CFTC Say Firms Can List Certain Spot Crypto Products

    Staff of the U.S. Securities and Exchange Commission and U.S. Commodities Futures Trading Commission jointly told digital asset firms on Tuesday that registered exchanges under their purview can support trading of spot crypto products.

  • September 02, 2025

    Ex-Crypto Platform Cred Execs Sentenced For $150M Scheme

    The former CEO and former chief financial officer behind bankrupt cryptocurrency lender Cred Inc. will serve four years and three years, respectively, after previously pleading guilty to conspiracy to commit wire fraud.

  • September 02, 2025

    Del. Court Tosses Trump Media Suit, Avoids Immunity Fight

    Citing multiple reasons to dismiss former consultant claims that they were cheated during the take-public workup for President Donald Trump's "Truth Social" media site, a Delaware vice chancellor on Tuesday tossed the suit while declining to consider assertions that presidential immunity barred the court from going forward.

  • September 02, 2025

    Bernstein Litowitz To Lead Hasbro Investors' Post-COVID Suit

    Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging toy and games giant Hasbro Inc. and some of its current and former executives concealed certain inventory level issues following a pandemic-era spike in demand for games and global supply chain disruptions.

  • September 02, 2025

    Freddie Mac Beats Investor Suit Over Subprime Exposure

    An Ohio federal judge has tossed a nearly two-decade-old lawsuit accusing Freddie Mac of failing to warn investors about its exposure to the flagging subprime market, ruling that the lawsuit hadn't identified any material misleading statements made by the company in the lead-up to the housing crisis.

  • September 02, 2025

    Dow Faces Investor Suit Over Tariff-Related Disclosures

    Raw materials supplier Dow Chemical Co. has been hit with a proposed shareholder class action alleging its decision to reduce shareholder payouts earlier this year contradicted its earlier claims of its ability to withstand economic uncertainty, including tariffs.

  • September 02, 2025

    Digimarc Hit With Second Investor Suit Over Lost Contract

    Digimarc executives failed to warn investors about the expiration of a key customer contract, a loss that ultimately led to a 43% stock drop in February, investors have claimed in a class action.

  • September 02, 2025

    NJ Judge Tosses REIT Shareholders' Liquidation Suit

    A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.

  • September 02, 2025

    Colgate-Palmolive To Shell Out $332M In Pension Payout Fight

    Colgate-Palmolive retirees asked a New York federal judge to greenlight a $332 million class action deal in their suit claiming the household products company shorted them on lump-sum retirement payouts, signaling the end of a nearly decade-old case that reached the Second Circuit in 2023. 

Expert Analysis

  • Why SEC Abandoned Microcap Convertible Debt Crackdown

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    The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • What 9th Circ. Ruling Shows About Rebutting SEC Comments

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    The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.

  • GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins

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    Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.

  • 9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing

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    Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.

  • Feds' Shift On Reputational Risk Raises Questions For Banks

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    While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.

  • Defense Lessons From Freshworks' Win In Post-IPO Case

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    A California federal court’s recent decision to grant Freshworks’ summary judgment bid in a proposed investor class action helpfully clarifies two important points for defendants facing postoffering securities claims under Section 11 of the Securities Act, say attorneys at Paul Weiss.

  • 'Loss' Policy Definition Is Key For Noncash Settlements

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    A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

  • Yacht Broker Case Highlights Industry Groups' Antitrust Risk

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    The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Quantifying Trading-Based Damages Using Price Impact

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    The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.

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