Securities

  • May 10, 2024

    Adviser's 'Rogue' Trading Cost Investor $700K, Suit Says

    An attorney nearing retirement has filed suit against a former UBS investment adviser, alleging he lost over half of a $1.2 million nest egg after the adviser surrendered his broker licenses and started "rogue" trading in risky commodities investments.

  • May 10, 2024

    SEC Opposes Quick Appeal Of 'Crystal Clear' Coinbase Order

    The U.S. Securities and Exchange Commission on Friday urged a Manhattan federal court to reject Coinbase's bid for a Second Circuit review of an order allowing an agency enforcement action to proceed, saying the company's cries of uncertainty over how securities laws apply to crypto assets ignore the "crystal-clear" order it is trying to contest.

  • May 10, 2024

    EV Startup Says California Settlement Covers Stockholder Suit

    Backers of a transaction that took electric vehicle startup Faraday Future Intelligent Electric Inc. public with a $1 billion value in 2021 have asked Delaware's Court of Chancery to block discovery in a stockholder challenge to the deal, citing pending settlement of a similar federal action in California.

  • May 10, 2024

    Pa. Man To Cop To Dick's Sporting Goods Insider Trading

    A Pennsylvania man intends to plead guilty to insider trading on Dick's Sporting Goods securities in which he made nearly $825,000 based on tips unwittingly passed to him from an acquaintance who worked for the retail chain, according to federal court filings.

  • May 10, 2024

    Zeekr's US Debut Could Spur More IPOs From China

    Electric-vehicle maker Zeekr's robust initial public offering sent an encouraging signal to Chinese companies considering whether to tap U.S. markets after a long lull, despite continued risks stemming from fractured U.S.-China relations, experts said Friday.

  • May 10, 2024

    Ex-Manager Of Lindberg-Tied Co. Sues Over Abrupt Ouster

    The former head of a European IT business with ties to beset insurance mogul Greg Lindberg has claimed in a case now in the North Carolina Business Court that he was suddenly sacked, denied a payout and stripped of his shares based on bogus allegations of bad job performance and unprofessional conduct.

  • May 10, 2024

    SEC Asks For Win Following Ex-Apple Atty's Guilty Plea

    The U.S. Securities and Exchange Commission moved for summary judgment Friday on insider trading claims against a former senior attorney at Apple Inc., arguing there is no need to relitigate claims since the lawyer already pled guilty to criminal charges related to a lucrative insider trading scheme.

  • May 10, 2024

    Solar Co. Stockholders Claim Execs, Board Caused Losses

    SunPower's current and former leadership was accused in a derivative shareholder suit of sending the residential solar power company into a financial tailspin by revising financial statements multiple times and causing the stock value to drop.

  • May 10, 2024

    Kraken Says SEC's Crypto Theory Would 'Gut Howey'

    Crypto exchange Kraken told a California federal judge that the U.S. Securities and Exchange Commission's theory of why token sales on public exchanges offend securities laws could lead to a "significant reordering of the U.S.'s financial regulatory structure" if the agency's enforcement action against its parent companies is upheld.

  • May 10, 2024

    Texas Man Gambled Away Hemp Biz Investments, SEC Claims

    The U.S. Securities and Exchange Commission has filed suit in Colorado against a Texas man and his purported hemp industry investment businesses, alleging he spent over half of nearly $1.3 million raised from investors over three years on sustaining a lifestyle involving full-time gambling.

  • May 10, 2024

    Guess? Sued To Stop Founders' Alleged Pending Equity Grab

    A pension fund stockholder of Guess? Inc. has sued the company, its founders, and its board in Delaware's Court of Chancery, alleging "a covert attempt to strip the company's public stockholders of their contractual right to equal treatment" in connection with a merger or sale of Guess.

  • May 10, 2024

    FINRA Fines Merrill Lynch $825K Over Supervisory Failures

    Merrill Lynch has agreed to be censured and pay an $825,000 fine to the Financial Industry Regulatory Authority to resolve claims that it failed to establish and maintain certain supervisory procedures and comply with recordkeeping requirements.

  • May 10, 2024

    Prudential Investor Attys Seek $9M Fees For Settlement

    Attorneys representing investors in a settlement with Prudential Financial Inc. over claims that the insurer misrepresented certain trends affecting its life insurance reserves have asked a New Jersey federal judge to grant final approval of the deal and nearly $9 million in fees.

  • May 10, 2024

    SEC Targets Fatburger's Parent Co. In $27M Loan Scheme

    The restaurant company that owns Fatburger and Fazoli's made illegal loans to its director and former chief executive, who spent $27 million in company money on himself while skirting taxes and leaving the company struggling, the Securities and Exchange Commission told a California federal court Friday. 

  • May 10, 2024

    5th Circ. Upholds SEC Proxy Rule On ESG Disclosures

    The Fifth Circuit on Friday threw out a legal challenge to a U.S. Securities and Exchange Commission requirement that will make it easier for investors to identify ESG issues on corporate ballots, saying that suing states like Texas haven't proven that they'll be financially harmed by the measure.

  • May 10, 2024

    Financial Tech Co. Wants New Trial In $7.8M Breach Suit

    A financial technology company ordered to pay more than $7.8 million to an Atlanta-area capital recruiting firm for violating an agreement to pay the recruiter to connect it with investors has asked a Georgia federal judge for either a new trial or judgment as a matter of law.

  • May 10, 2024

    CFTC Floats Ban On Election Betting Contracts

    A divided U.S. Commodity Futures Trading Commission approved a proposed rule Friday that would ban trading on the outcome of elections, further solidifying its contested position that such activities constitute illegal "gaming" and threaten to thrust the agency into the role of an "election cop."

  • May 10, 2024

    Ex-Pryor Cashman Securities Chair Joins Alston & Bird

    Alston & Bird LLP announced Thursday that it hired an experienced trial attorney who previously chaired Pryor Cashman LLP's securities practice as a partner based in New York.

  • May 09, 2024

    SEC Says Bogus Billion-Dollar Co. Ran Stock Offering Fraud

    The U.S. Securities and Exchange Commission on Thursday accused a man previously convicted of wire and tax fraud of conducting a fake stock offering on misrepresentations that he ran a diversified energy, health care, technology and real estate company that would net billions in revenue when in fact it tallied less than $15,000 in sales.

  • May 09, 2024

    Hedge Fund Manager Says Partner Cut Him Out Of Company

    A hedge fund manager accused his business partner in Texas state court of wrongfully cutting him out of a Dallas-based wealth management company, saying the partner tried to strong-arm him into transferring his ownership interest.

  • May 09, 2024

    Ex-Minor Leaguer Settles With SEC Over Del Taco Deal Tip Off

    A former minor league baseball player has agreed to pay more than $58,000 to resolve U.S. Securities and Exchange Commission insider trading allegations involving burger chain Jack in the Box's $575 million acquisition of its fellow chain Del Taco.

  • May 09, 2024

    Davis Polk, Simpson Thacher Drive EV Maker's $441M IPO

    Chinese electrical vehicle maker Zeekr on Thursday priced an upsized $441 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Simpson Thacher & Bartlett LLP, marking the largest U.S. IPO by a China-based company since 2021.

  • May 09, 2024

    SEC Sues 3 Penny Stock Firms Over Failure To Register

    The U.S. Securities and Exchange Commission has filed suit against a Long Island man and his three companies, accusing them of violating registration provisions of federal securities law in connection with a $75 million penny stock scheme.

  • May 09, 2024

    Attys Want $102M In Fees In Stock Loan Antitrust Deal

    Quinn Emanuel Urquhart & Sullivan LLP and Cohen Milstein Sellers & Toll PLLC attorneys asked for $102 million in fees for settling claims from investors that major banks colluded to avoid modernizing the stock loan market, saying the long and complex nature of the case warrants the payout.

  • May 09, 2024

    US Bank Sees Unauthorized Account Suit Tossed For Good

    A New York federal judge has permanently thrown out a proposed class action against U.S. Bancorp alleging shareholders were harmed after the bank paid a $37.5 million fine to the Consumer Financial Protection Bureau in connection with allegations its bankers secretly opened accounts in customers' names.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • A Look At Recent Challenges To SEC's Settlement 'Gag Rule'

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    Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • Defense Attys Must Prep For Imminent AI Crime Enforcement

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    Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.

  • Tipsters May Be Key To Financial Regulators' ESG Efforts

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    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission are looking to whistleblowers to assist their climate and ESG task forces, suggesting insider information could be central to the agencies' enforcement efforts against corporate greenwashing, false investment claims and climate disclosure violations, says John Crutchlow at Youman & Caputo.

  • 5 Takeaways From SAP's Foreign Bribery Resolutions

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    German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Series

    NJ Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws

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    A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.

  • 2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement

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    The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • New Concerns, Same Tune At This Year's SIFMA Conference

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    At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.

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