Securities

  • February 20, 2024

    Boomerang In Default For Silence On $7M Del. Contract Suit

    A defunct steel tube plant that failed to respond to a Delaware Chancery Court lawsuit seeking $7.35 million for unpaid invoices was found in default Tuesday after failing to appear in court for more than a year and a half.

  • February 16, 2024

    Old Rules Face New Risks As Justices Hear Truck Stop's Case

    A North Dakota truck stop's long-haul quest to save on bank card fees reaches the U.S. Supreme Court on Tuesday in a case that could hand businesses a double-edged sword with which to hack away at even decades-old regulations.

  • February 16, 2024

    Feds Charge Ex-Commodities Trader With $3.7M Scheme

    A former commodities trader has been charged with misappropriating $3.7 million from would-be investors using misrepresentations that he later repeated to undercover agents, New Jersey federal prosecutors said Friday.

  • February 16, 2024

    JPMorgan Faces $350M Fine Over Trade Reporting Gaps

    JPMorgan Chase & Co. revealed in a U.S. Securities and Exchange Commission filing Friday that it expects to pay $350 million in civil penalties to settle claims it failed to enter certain trading data into market surveillance systems.

  • February 16, 2024

    6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case

    The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.

  • February 16, 2024

    Athira Pharma Investors Win OK Of $10M Deal On Second Try

    Over 30,000 Athira Pharma investors have scored preliminary approval of a $10 million settlement over claims its former CEO manipulated studies relating to an Alzheimer's drug, five months after a Washington federal judge rejected their first bid but let them try again to address concerns over conflicts and equitable treatment.

  • February 16, 2024

    NYCB Brass Face Investor Suit Over Signature Bank Takeover

    Executives and directors of New York Community Bank were named in a new shareholder derivative suit, adding to the growing list of litigation the bank and its leaders are facing over the fallout from its acquisition of Signature Bank's assets last year.

  • February 16, 2024

    VanEck Pays SEC $1.75M Over Influencer Role In ETF Launch

    Financial product issuer VanEck agreed to pay the U.S. Securities and Exchange Commission a $1.75 million penalty over allegations it failed to disclose how it paid influencer Dave Portnoy to boost the launch of its social media-tied fund to the product's board.

  • February 16, 2024

    Oat Milk Co. Settles Greenwashing Investor Suit For $9.25M

    Investors suing Swedish alternative milk manufacturer Oatly asked a New York federal judge Friday to preliminarily approve a $9.25 million deal to settle claims that the company pitched its business as more environmentally friendly than it is.

  • February 16, 2024

    Cavco Exec's Insider Trading Case Paused Pending SEC Deal

    An Arizona federal judge on Friday paused the U.S. Securities and Exchange Commission's insider trading case against a former executive from modular home manufacturer Cavco Industries Inc. after the two sides reached a settlement in principle on the agency's 2017 claims.

  • February 16, 2024

    $520K Deal Could End ICO Fraud Claims After Earlier $6M Deal

    Companies accused of holding an unregistered offering of digital assets and some of their current and former employees have received an initial nod for a $520,000 deal to end remaining claims in investor litigation after earlier reaching a $6 million partial deal.

  • February 16, 2024

    Catching Up With Delaware's Chancery Court

    News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.

  • February 16, 2024

    2nd Circ. Shows How To Shut Down ERISA Self-Dealing Suits

    A recent Second Circuit decision affirming Goldman Sachs' win in a class action that took aim at proprietary funds in the bank's 401(k) plan provides an employer-side "road map" for staving off or defeating legal challenges to allegedly subpar in-house investment options, attorneys say.

  • February 16, 2024

    Malware Schemer 'Tank' Pleads Guilty To Stealing Millions

    Accused hacker group leader Vyacheslav Igorevich Penchukov, known online as "Tank," pled guilty in Nebraska federal court to charges stemming from two malware schemes Thursday.

  • February 16, 2024

    Chamberlain Hrdlicka Adds Corporate Attorney In Philly

    A seasoned transactions attorney has returned to private practice after more than 10 years as in-house counsel and joined Chamberlain Hrdlicka White Williams & Aughtry's Philadelphia office.

  • February 16, 2024

    Baker Donelson Won't Owe Profits To Ponzi Scheme Victims

    A Mississippi federal judge has limited certain damages Baker Donelson Bearman Caldwell & Berkowitz PC may have to pay in a federal receiver's suit claiming the firm allowed a Ponzi scheme to unfold in one of its offices, but left the door open for other types of damages.

  • February 16, 2024

    Paxton Prosecutor Steps Down After Row Over Pretrial Deal

    One of two appointed prosecutors overseeing a securities fraud case against Texas Attorney General Ken Paxton told a state court judge Friday that he is stepping down from the case, citing a disagreement over whether the state's chief legal officer should be allowed to resolve the charges through pretrial intervention.

  • February 16, 2024

    Ex-Staffing Co. Execs Plead Guilty In $70M Bank Fraud

    Two brothers who ran a staffing firm have pled guilty to charges they defrauded lenders and investors of $70 million by fraudulently boosting their company's revenue, Manhattan federal prosecutors said.

  • February 16, 2024

    TIAA Unit To Pay SEC $2.2M In Regulation Best Interest Case

    The U.S. Securities and Exchange Commission on Friday announced that a brokerage subsidiary of financial services firm Teachers Insurance and Annuity Association of America has agreed to pay $2.2 million to settle allegations that it failed to steer investors toward lower-cost products in violation of Regulation Best Interest.

  • February 15, 2024

    To Catch Crypto Crime, Look Offshore, Lawmakers Told

    Former regulators and prosecutors now employed by crypto-focused firms told U.S. House lawmakers Thursday that law enforcement needs additional power to go after offshore exchanges and other points where U.S. dollars enter and exit the digital asset economy in order to fight illicit finance in crypto.

  • February 15, 2024

    FINRA Fines Morgan Stanley $1.6M In Muni Securities Case

    Morgan Stanley Smith Barney LLC has been fined $1.6 million by the Financial Industry Regulatory Authority for alleged compliance and supervisory failures related to municipal securities transactions, in what the self-regulatory organization described as its first disciplinary case related to certain close-out requirements.

  • February 15, 2024

    'Body Sculpting' Device Co. Faces Investor Suit Over Pricing

    Cosmetic medical device maker InMode Ltd. and certain members of its brass face claims in California federal court that they hurt investors, after trading prices for InMode shares sank because they allegedly misrepresented its product pricing and its U.S. Food and Drug Administration regulatory compliance.

  • February 15, 2024

    SpaceX Heads To Texas After Musk's Tesla Pay Package Axed

    Elon Musk announced Wednesday that he is taking SpaceX's business incorporation from Delaware to Texas, after Delaware's chancellor last month struck down his proposed $55 billion Tesla pay package.

  • February 15, 2024

    Restaurant Franchise Owner Hit With $30.7M Jury Verdict

    A Dallas County, Texas, jury has returned a $30.7 million verdict against major restaurant franchise company Sun Holdings Inc. and its owner in favor of an executive who claimed they refused to pay him his fair share of profits for operating nearly 150 Popeyes eateries.

  • February 15, 2024

    Cos. See Shareholder Activism As Growing Risk, Study Finds

    Companies are increasingly identifying shareholder activism as a risk in their corporate disclosures, as the number of U.S. companies publicly subjected to activist demands rose nearly 8% from 2022 to 2023, according to a report released Thursday.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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.

  • Open Questions After Elastos Crypto Class Action Settlement

    Author Photo

    The recent settlement in Owen v. Elastos Foundation resolving a class action fight over whether Elastos was required to register an initial coin offering with U.S. regulators has raised several questions that may be of interest to lawyers litigating cryptocurrency-related cases, including whether a crypto token constitutes a security under U.S. law, says Bradley Simon at Schlam Stone.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

    Author Photo

    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

    Author Photo

    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

    Author Photo

    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto

    Author Photo

    While the U.S. Securities and Exchange Commission's approval last month of 11 applications for spot exchange-traded funds tracking bitcoin is a landmark moment for the crypto-asset industry, investors who are hopeful that the SEC will approve similar crypto-based ETFs may be disappointed, says attorneys at Mintz.

  • A Closer Look At Novel Jury Instruction In Forex Rigging Case

    Author Photo

    After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.

  • Reducing Carbon Footprint Requires A Tricky Path For CRE

    Author Photo

    As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

    Author Photo

    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • The Corporate Disclosure Tug-Of-War's Free Speech Issues

    Author Photo

    The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • What New Calif. Strike Force Means For White Collar Crimes

    Author Photo

    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!