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Securities
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January 02, 2025
Tempur Sealy Ups Floor Space Promise In FTC Merger Case
Tempur Sealy is increasing its commitments to preserve floor space for rivals' mattresses in Mattress Firm stores, attempting to beat the Federal Trade Commission's merger challenge by extending the current floor space "slot" distribution after a Texas federal judge noted that prior commitments were below current allotments.
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January 02, 2025
Crypto Groups Challenge Decentralized Finance Broker Rule
Three cryptocurrency industry groups have teamed up to challenge a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers, telling a Texas federal court that the rule is unconstitutional and could destroy the industry.
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January 02, 2025
Solar Panel Tech Co. Faces Investor Suit Over Project Delays
Solar power software and tracking company Nextracker Inc. has been hit with a proposed shareholder class action in California federal court alleging it misled investors about production delays it faced following a spike in demand caused by tax credits offered through the Inflation Reduction Act.
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January 02, 2025
Del. Courts Gavel Out 2024 With Fox, Opioid Case Rulings
2024 went out with a flurry of rulings in Delaware's corporate and commercial law courts, while the new year saw a Chancery veteran become that court's first senior magistrate. Here's a quick roundup of the latest news in First State courts.
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January 02, 2025
UBS To Pay $1.1M FINRA Fine Over Trade Confirmation Flubs
UBS Financial Services has agreed to pay the Financial Industry Regulatory Authority $1.1 million to settle claims that it failed to meet regulatory requirements for trade confirmations for over a decade.
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January 02, 2025
Terraform Founder Arraigned In NY, Denies $40B Crypto Fraud
Terraform Labs creator Do Kwon appeared Thursday before a Manhattan federal judge to deny charges that he orchestrated a $40 billion fraud on customers and investors who backed the cryptocurrency platform based on promises that it had real-world viability.
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January 01, 2025
How Wall Street Regulators May Adapt To Trump's Return
The incoming presidency of Donald Trump is likely to upend some Biden-era policies at the U.S. Securities and Exchange Commission, leaving proposed rules on climate and artificial intelligence in the lurch while its sister agency, the U.S. Commodity Futures Trading Commission, could be given more authority over the cryptocurrency industry.
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January 01, 2025
5 Big Questions For White Collar Enforcement In 2025
White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.
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January 01, 2025
What Banking Attorneys Are Watching In The Courts In 2025
Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap.
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January 01, 2025
'Profound Shift' Forecast For Crypto Enforcement In 2025
The crypto industry is heading into 2025 with hopes that new leadership at federal agencies under President-elect Donald Trump will ease off an enforcement agenda that has pressed issues of where regulatory authority lies and return to a focus on fraud, while federal appeals courts have a chance to establish keystone rulings for the sector.
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January 01, 2025
Crypto Heads Into 2025 Hoping Regulatory Clouds Will Clear
The digital asset industry may be on the verge of a political and regulatory landscape it has long sought as a crypto-friendly executive branch and Congress take their seats in the new year and potentially work to create favorable guardrails for crypto markets and stablecoins.
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January 01, 2025
On Tap In NY: Diddy, Trump And A New Manhattan Top Cop
The coming year's main event in New York courts is an expected sex-trafficking trial for hip-hop icon Sean "Diddy" Combs, while the political reascendancy of Donald Trump will echo in halls of the judiciary as the president-elect litigates to quash his own conviction.
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January 01, 2025
3 Areas Where SEC Enforcement May Change Under Trump
The leadership of the U.S. Securities and Exchange Commission is slated to change hands in three weeks when President-elect Donald Trump is inaugurated, and attorneys believe that a Republican-led SEC is likely to bring with it a downturn in crypto- and climate-related cases as well as a potential end to recordkeeping sweeps.
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January 01, 2025
The Hottest Topics Appellate Attys Are Tracking In 2025
Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.
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January 02, 2025
D&O, Cyber Issues Top Specialty Line Cases To Watch In 2025
2025 promises to usher in significant developments in ongoing litigation fights over crucial specialty line insurance issues, including directors and officers and cyber risk policies. Here, Law360 speaks to experts for carriers and policyholders on the top cases to watch in the new year.
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January 01, 2025
5 Banking Regulation Issues To Watch In 2025
The year ahead is poised to be an inflection point for banking regulation as the arrival of the second Trump administration sets the stage for further easing of plans for new capital rules, greater receptiveness to mergers, new fair access debates and more.
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January 01, 2025
Trump 2.0 Signals Shift Toward Capital Markets Deregulation
The arrival of a second Trump administration promising a business-friendly agenda, along with Republican majorities governing Congress and the U.S. Securities and Exchange Commission, signals a decisive shift toward deregulation that observers expect will broadly impact capital markets in 2025 and beyond.
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January 01, 2025
IPO Outlook Brightens As More Companies Eye 2025 Listings
Capital markets attorneys are preparing to advise more companies toward initial public offerings in 2025, given evidence that a rising number of candidates are joining the pipeline in expectation of a long-awaited resurgence in new listings. Here, Law360 looks at what deals attorneys and market participants expect.
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January 01, 2025
Trump's Regulatory Agenda Looms Over Compliance In 2025
The world of financial regulatory compliance will be keeping an eye on how Donald Trump's return to the White House will live up to his campaign promises of deregulation, new tariffs and more in the new year, while preparing for the end of various Biden administration priorities.
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January 01, 2025
California Cases To Watch In 2025
Legal experts following Golden State courts in 2025 are tracking high-stakes antitrust and personal injury cases against Big Tech companies along with NFL subscribers' $4.7 billion antitrust appeal, as well as IP litigation against artificial intelligence developers and precedent-setting cases that will likely clarify environmental laws and the repercussions of unpaid arbitrateon fees.
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January 01, 2025
DC Circuit Cases To Watch in 2025
The D.C. Circuit's 2025 docket is stacked with challenges to alleged misbehavior by federal regulatory agencies, with the behavior including the U.S. Commodity Futures Trading Commission's bid to ban wagering on elections and the Federal Trade Commission's efforts to crack down on Meta's privacy practices.
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December 23, 2024
Ex-Pharma Exec Charged With $38M Insider Trading Scheme
A former chief science officer of pharmaceutical company Humanigen faces charges in New Jersey federal court that he dumped shares of the company before it publicly announced its potential COVID-19 drug did not receive federal approval, according to an indictment unsealed Monday.
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December 23, 2024
Fugees Star Says He's Not Like Madoff As Sentencing Nears
Former Fugees rapper Prakazrel "Pras" Michel told a D.C. federal court that the U.S. government's bid to have him serve a life sentence for foreign influence schemes was "absurd," emphasizing that he, unlike infamous American financier Bernie Madoff, did not cause anyone to lose money.
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December 23, 2024
House Report Says Gaetz Paid For Sex, Accepted Gifts
Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.
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December 20, 2024
SEC's Dealer Rule Loss Is A Lesson To Regulators, Atty Says
A Sullivan & Cromwell LLP attorney who successfully litigated a crypto industry challenge to vacate a U.S. Securities and Exchange Commission rule expanding the definition of dealer said the Texas federal judge's decision is another block in the recent chain of court decisions warning federal agencies to refrain from stretching old statutory terms to reach new contexts that aren't clearly within their authority.
Expert Analysis
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Expect Continuity In 2025 Anti-Money Laundering Policy
The past year has seen a range of anti-money laundering actions from federal financial regulators, and notwithstanding the imminent change from the Biden administration to the Trump administration, continuity may be more prevalent than change in the AML compliance space in 2025, say attorneys at White & Case.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.