Securities

  • January 16, 2025

    Crypto Firm DRW Wants Out Of SEC's 'Scorched Earth' Suit

    The crypto-trading arm of DRW Holdings says it has become the latest target of the U.S. Securities and Exchange Commission's "scorched-earth enforcement campaign against the crypto-asset industry" in its bid to dismiss a suit alleging it engaged in more than $2 billion in unregistered crypto transactions.

  • January 16, 2025

    SEC Hit With Atty Fee Request Over Rare In-House Loss

    A Michigan-based company that convinced the U.S. Securities and Exchange Commission to retroactively lift a trading suspension is now arguing that the agency should have to pay the company's attorneys because enforcement staff "lied and misled" in order to obtain the suspension.

  • January 16, 2025

    FDIC Case Belongs In Fed. Court After Jarkesy, 5th Circ. Told

    A former Herring Bank executive argued in a Fifth Circuit brief that the Federal Deposit Insurance Corp.'s in-house enforcement proceedings against him denied him his right to a jury trial in federal court, saying the allegations against him involve legal issues that have historically been decided by juries.

  • January 16, 2025

    Chancery Nixes More Docs For Exxon-Pioneer Merger Suit

    Ruling that "any further intrusions are unwarranted," Delaware's Court of Chancery on Thursday rejected a Pioneer Natural Resources stockholder bid for additional emails and text messages between the company's former CEO and Exxon Mobil Corp.'s top executive related to the two company's $60 billion merger.

  • January 16, 2025

    Spirit Aero Hit With Chancery Suit Over $8.3B Boeing Merger

    A Spirit Aerosystems stockholder has launched a proposed class suit in the Delaware Chancery Court challenging the company's $8.3 billion all-stock acquisition by its largest customer, Boeing, announced in July 2024, citing disclosure failures and other concerns.

  • January 16, 2025

    NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out

    The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.

  • January 16, 2025

    DOL Proposes Rule On Valuing Stock For Purchase By ESOPs

    The U.S. Department of Labor proposed a rule Thursday to help plan managers determine the value of company stock for purchase by an employee stock ownership plan while also withdrawing a previous rule that the DOL proposed in 1988 but never finalized.

  • January 15, 2025

    DeFi Upstart Brings On Seasoned Crypto Legal Chief

    Veteran crypto in-house attorney Rebecca Rettig will take on the chief legal officer role at Jito Labs, a developer of products on the Solana blockchain, as the firm's first legal hire, the company announced Thursday.

  • January 15, 2025

    Wells Fargo Unit Sued Over Ex-Rep's EB-5 Investment Scheme

    A Wells Fargo subsidiary has been hit with a suit in Nevada federal court by an attorney and real estate developer who claims she and several other entities were hit with a U.S. Securities and Exchange Commission enforcement action because the Wells Fargo subsidiary and one of its former employees gave bad investment advice.

  • January 15, 2025

    GE Investors' $362.5M Settlement Gets Initial Greenlight

    Investors in manufacturing giant General Electric Co. have gotten an initial nod for their proposed $362.5 million eve-of-trial deal to end long-running claims that the company fraudulently concealed cash flow problems, allegedly resulting in plummeting shares after its fiscal woes were disclosed.

  • January 15, 2025

    SEC's Last-Minute Musk Suit Could Be Scuttled Under Trump

    The U.S. Securities and Exchange Commission's latest lawsuit against Elon Musk is unlikely to be viewed favorably by the incoming administration of President-elect Donald Trump, which may press for a lesser penalty or even move to dismiss the case outright, attorneys told Law360 on Wednesday.

  • January 15, 2025

    SEC Says Restaurant Tech Co. Misled Investors On AI Product

    The U.S. Securities and Exchange Commission reached a non-monetary settlement with Presto Automation Inc. to resolve claims the restaurant technology company made false and misleading statements about aspects of its artificial intelligence product, which uses AI-assisted speech recognition technology to automate aspects of drive-thru order taking at quick-service restaurants.

  • January 15, 2025

    SEC Fines Advisers For Link To Alleged $410M IPO Fraud

    Three investment adviser representatives have agreed to pay the U.S. Securities and Exchange Commission nearly $540,000 to end the regulator's claims that they acted as unregistered brokers while soliciting investors for a private equity firm accused of defrauding investors in a $410 million pre-IPO share scheme.

  • January 15, 2025

    SEC Dings Pharma Co., Ex-CFO Over Prescription Scheme

    The U.S. Securities and Exchange Commission announced it has settled claims against bankrupt DMK Pharmaceuticals Corp. and its ex-chief financial officer over their alleged role in a fraudulent scheme to generate revenues using illegal prescriptions for horse medications.

  • January 15, 2025

    Tenn. Judge Says PCAOB Authority Challenge Belongs In DC

    A Tennessee federal judge on Wednesday transferred a certified public accountant's constitutional challenge against the Public Company Accounting Oversight Board to Washington, D.C., finding the board's headquarters, regulatory actions and related cases in that district made it the more appropriate venue.

  • January 15, 2025

    Crypto Co. Kraken's Legal Chief Says He's Stepping Down

    The legal head of Kraken announced Wednesday that he is stepping down as chief legal officer and stepping into a senior adviser role that will see him build a global advisory council at the crypto exchange.

  • January 15, 2025

    Silvergate's Ex-CFO Fires Back At SEC Accounting Claims

    The former chief financial officer of defunct crypto-focused bank Silvergate Capital urged a New York federal judge to toss the U.S. Securities and Exchange Commission's allegations that he concealed the bank's precarious financial position, saying he didn't have anything to gain from hiding Silvergate's financial woes.

  • January 15, 2025

    Del. Court Nixes Bid For Truth Social Share Attachment

    A Delaware vice chancellor on Wednesday rejected an investor motion for a prejudgment attachment of remaining shares held by the blank-check company that took President-elect Donald Trump's Truth Social platform public, saying the move exceeded the court's authority.

  • January 15, 2025

    Del. Justices Mull 'Reasonable' Effort Duty In Drug Biz Deal

    An attorney for former stockholders of Ception Therapeutics Inc. told Delaware's top court on Wednesday that a now-retired vice chancellor "asked the wrong question" in dismissing a suit alleging breaches of an agreement to use commercially reasonable efforts before abandoning a new drug prospect.

  • January 15, 2025

    Buyers In Cheese Co. Deal Fight To Keep Claims In Fla.

    Two Florida companies asked the Eleventh Circuit on Wednesday to revive their lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling them a worthless cheese distribution company for $17 million, arguing the presence of deal counsel in Miami is enough to keep the suit in Florida federal court.

  • January 15, 2025

    9th Circ. Open To Reviving Robinhood Suit Over $2.1B IPO

    Judges on a Ninth Circuit panel appeared open Wednesday to reviving a proposed securities class action alleging Robinhood hid how a "meme stock" and cryptocurrency trading frenzy had impacted its outlook ahead of its $2.1 billion initial public offering, saying the lower court may have applied the wrong standard in tossing the case.

  • January 15, 2025

    Broker, Traders Charged With $1M Insider Trading Scheme

    A securities broker and three traders have been charged in New York federal court for their roles in what prosecutors described as a yearslong, $1 million insider trading scheme that involved tips about upcoming secondary stock offerings, including one by the owner of DVD rental company Redbox, an indictment unsealed Wednesday showed.

  • January 15, 2025

    Celsius Drink Co. Overstated Pepsi Partnership, Investor Says

    Energy drink company Celsius Holdings Inc. has been hit with a proposed shareholder class action accusing it of touting the initial success of its partnership with PepsiCo Inc. to conceal that its rapid growth rate was unsustainable.

  • January 15, 2025

    SEC Announces Departure Of Top Economist And Accountant

    The U.S. Securities and Exchange Commission's chief economist and chief accountant are stepping down, the agency has announced, marking the latest departures given the pending inauguration of President-elect Donald Trump.

  • January 15, 2025

    Banks Must Face Pension Funds' Mexican Bond-Rigging Suit

    A Manhattan federal judge refused Wednesday to throw out a case brought by U.S. pension funds that accused a group of banks of conspiring to rig Mexican government bond prices, saying chatroom transcripts between traders showed evidence of collusion.

Expert Analysis

  • UBS Ruling Shows SDNY's Pro-Award Confirmation Stance

    Author Photo

    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.

  • Where Payments Law And Regulation Are Headed In 2025

    Author Photo

    The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.

  • How Decline Of Deference Will Affect Trump Policymaking

    Author Photo

    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.

  • 5 Evolving Concerns For Family Offices In 2025

    Author Photo

    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.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

    Author Photo

    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 2024 Was A Banner Year For Shareholder Activism

    Author Photo

    Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

    Author Photo

    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.

  • E-Discovery Quarterly: Rulings On Custodian Selection

    Author Photo

    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.

  • Impact Of Successful Challenges To SEC's Rulemaking Ability

    Author Photo

    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.

  • A Look At PCAOB's Record-Breaking Enforcement In 2024

    Author Photo

    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.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

    Author Photo

    Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

    Author Photo

    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.

  • Takeaways From SEC's Mixed Results In '24 Crypto Litigation

    Author Photo

    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.

  • Predicting What's Next For SEC By Looking At Past Dissents

    Author Photo

    While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

    Author Photo

    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Securities archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!