Capital Markets

  • April 03, 2024

    FIS Didn't Lie To Itself About Short-Lived Merger, Execs Say

    Fidelity National's top brass recently urged a Florida federal court to toss an investor's lawsuit over a $46 billion market cap drop resulting from spinning off a payment business it had acquired a few years prior, arguing the company can't "be deceived by its own statements," which a pension fund alleged artificially inflated share prices.

  • April 03, 2024

    NY Bank, Investors Want Derivative Suits Merged, Paused

    New York Community Bancorp Inc. and several of its investors asked a New York federal judge to consolidate and stay the investors' derivative shareholder suits against the bank.

  • April 03, 2024

    NY High Court Ruling Significance Debated In $2B Note Suit

    VR Capital and Venezuela's state-owned oil company, Petroleos de Venezuela SA, both told a federal court on Tuesday that a ruling from New York's highest court, which cleared a path for PDVSA to argue that nearly $2 billion in defaulted notes are invalid under its domestic law, benefits their case.

  • April 03, 2024

    SEC Investigators Say Attys Harm Clients By 'Behaving Badly'

    U.S. Securities and Exchange Commission staff warned attorneys at a Washington, D.C., conference Wednesday that delaying regulatory investigations destroys their credibility and could potentially harm their clients' chances of striking a favorable deal as the agency's Enforcement Division pushes for more cooperation from targeted businesses and individuals.

  • April 03, 2024

    Kirkland Lands Former SEC Enforcement Leader In Dallas

    A former leader in the U.S. Securities and Exchange Commission's regional office in Fort Worth, Texas, has moved to Kirkland & Ellis LLP's Dallas office, the firm announced on Wednesday, strengthening Kirkland's government, regulatory and internal investigations practice group.

  • April 03, 2024

    Top 10 Deals Of Q1 Led By GE Energy Spinoff, Capital One

    It may be wishful thinking to imagine that earlier hopes for a major rebound in 2024 mergers and acquisitions activity will pan out, but by many indications the year was at least off to a better start than 2023.

  • April 03, 2024

    Disney Thwarts Trian Revolt, Retaining All 12 Board Members

    Walt Disney Co. shareholders reelected the entertainment company's 12 current board members at a shareholder meeting Wednesday afternoon, rejecting all nominees pushed by activist investors Trian Fund Management and Blackwells Capital. 

  • April 03, 2024

    Truth Social Investors Cop To Fraud In $23M Insider Case

    Two Florida venture capitalists on Wednesday admitted to insider trading on confidential plans to take former President Donald Trump's media company public, after prosecutors charged that the Truth Social fraud netted them and a third defendant $23 million.

  • April 03, 2024

    UK Regulators Propose Special Regime For Digital Securities

    Britain's finance regulators proposed on Wednesday a special regulatory regime to allow firms to use new technology to issue, trade and settle digital shares and bonds, a move they hope will boost the country's global competitiveness.

  • April 03, 2024

    Paul Hastings Adds Group Co-Chair With Finance Duo Hire

    Following group hires in the finance space, Paul Hastings LLP announced Wednesday it is hiring two attorneys from Weil Gotshal & Manges LLP, one of whom will co-chair its asset-backed finance practice.

  • April 02, 2024

    Gas Tycoon Owes $100M To UBS, Lenders After Trial Loss

    Energy titan Charif Souki owes more than $100 million to lenders, including a fund managed by a UBS division, a U.S. bankruptcy judge has ruled, rejecting Souki's claims that his lenders recklessly sold off collateral posted for the loan, including a luxury yacht, a Colorado ranch and shares of his liquefied natural gas export business Tellurian Inc.

  • April 02, 2024

    Rakoff Says SEC Can't Get Early Win For Broker Claim

    The U.S. Securities and Exchange Commission can't get a partial early win for its allegation that a trust violated registration provisions of the federal securities laws because genuine questions remain about whether the defendants were actually acting as unregistered brokers, a Manhattan federal judge has determined.

  • April 02, 2024

    SEC Republicans Criticize 'Punishing' Rulemaking Agenda

    U.S. Securities and Exchange Commission Chair Gary Gensler opened an annual agency conference Tuesday by defending efforts to write new regulations addressing the changing U.S. capital markets, while his Republican colleagues called on the commission to pare back a "punishing" rulemaking agenda that has included a controversial rule governing climate change disclosures.

  • April 02, 2024

    Theseus Investor Seeks Appraisal After Concentra Merger

    A fund invested in clinical-stage biopharmaceutical company Theseus Pharmaceuticals Inc. has petitioned Delaware's Court of Chancery for an appraisal of the investor's 250,000 shares following Theseus' $4.05 per-share consolidation in February with Concentra Biosciences LLC.

  • April 02, 2024

    Arena Group Shareholders Sue Former CEO In Delaware

    Shareholders of the Arena Group — the digital publisher behind Sports Illustrated, TheStreet, Men's Journal and other brands — have sued the group's former CEO in Delaware's Court of Chancery, alleging wrongdoings ranging from fraud to gross negligence and demanding more than $10 million in compensatory damages.

  • April 02, 2024

    SelectQuote Beats Investor Suit Over Revenue Reports

    A New York federal judge has dismissed a lawsuit by investors of insurance distribution platform SelectQuote accusing it of reporting inflated revenue, saying the defendants' forward-looking projections are protected by the safe harbor of securities laws.

  • April 02, 2024

    King & Spalding Lands 3 Kasowitz Partners For Biz Litigation

    King & Spalding LLP announced Tuesday that it had hired three partners for its business litigation practice from Kasowitz Benson Torres LLP, including the co-chair of Kasowitz's real estate litigation practice group. 

  • April 02, 2024

    Feds Seek 4 Years For Ex-Amazon Coder In Novel Crypto Case

    Prosecutors have told a Manhattan federal judge that a former Amazon coder convicted on charges of hacking a "smart contract" should be sentenced to at least four years in prison in order to send a message to other would-be crypto fraudsters.

  • April 02, 2024

    Prosecutors Call Indicted Exec's Misconduct Claims 'Flawed'

    Prosecutors have asked a California federal judge to reject a bid for sanctions by a former healthcare CEO indicted on novel insider trading charges, arguing that his claims related to a separate case are based on "flawed grounds."

  • April 02, 2024

    3 Firms Guide Safety Testing Group UL's Estimated $770M IPO

    Safety science company UL Solutions Inc. on Tuesday unveiled a price range for an estimated $770 million initial public offering under the guidance of three law firms, marking the third company to launch IPO plans this week.

  • April 02, 2024

    Cohen Milstein Hires CFTC Whistleblower Office Leader In DC

    Cohen Milstein Sellers & Toll PLLC has hired the acting director of the Commodity Futures Trading Commission's whistleblower office, who brings more than two decades of experience working in related roles in public service to the platform.

  • April 01, 2024

    Nat'l Security Info Ordered Sealed In $12M Somali Fraud Case

    A Maryland federal judge has ordered protocols to seal confidential State Department materials amid the government's criminal fraud case charging a Maryland lawyer with misappropriating more than $12 million in Somali state assets.

  • April 01, 2024

    AmEx Sends Credit Card Applicants' Data To Meta, Suit Says

    American Express was recently hit with a putative class action in New York federal court by a California resident alleging the company illegally shares with Facebook sensitive financial and personally identifiable information of people who apply online for credit cards.

  • April 01, 2024

    Cybersecurity Heads Back SolarWinds' Push To Nix SEC Suit

    Cybersecurity experts from dozens of private companies decried the U.S. Securities and Exchange Commission's lawsuit against SolarWinds and its cybersecurity head, arguing the unprecedented effort to hold the pair accountable for a 2020 cyberattack could undermine U.S. national security.

  • April 01, 2024

    Cooley, Latham Guide Data Security Firm Rubrik's IPO Filing

    Venture-backed data security firm Rubrik Inc. on Monday filed long-awaited plans for an initial public offering, represented by Cooley LLP and underwriters counsel Latham & Watkins LLP, marking the latest sign of a recovering IPO market.

Expert Analysis

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • Loan Transparency Proposals May Bring Some Clarity

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    U.S. banking regulators' proposed revisions to rules that would require banks to disclose more granular information about loans made to nondepository financial institutions would somewhat clarify the size of the fund finance market, though full enlightenment does not look likely in the near future, says Chris van Heerden at Cadwalader.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Implications For Digital Assets After SEC Settlement With DAO

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    The U.S. Securities and Exchange Commission's December settlement with BarnBridge — finding that the decentralized autonomous organization's products were securities under federal law — foreshadows increased enforcement attention on digital assets, and reveals arguments the SEC may use in similar disputes with decentralized finance protocols, say attorneys at K&L Gates.

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