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Asset Management
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June 05, 2025
Calif. Adviser, CEO To Pay $21M To End SEC Theft Claims
A California investment adviser and its CEO have agreed to pay over $21 million to end U.S. Securities and Exchange Commission claims they misappropriated over $15.3 million from a cannabis industry client — including $4.6 million used to buy a home — and overstated its assets under management in regulatory filings.
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June 05, 2025
Latham-Led Virtual Health Startup Omada Prices $150M IPO
Venture-backed virtual care provider Omada Health Inc. on Thursday priced a $150 million initial public offering within its marketed range, represented by Latham & Watkins LLP and underwriters counsel Davis Polk & Wardwell LLP.
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June 05, 2025
SEC Wants 8th Circ. To Remand 'Dealer' Suit After Dismissals
The U.S. Securities and Exchange Commission asked the Eighth Circuit on Thursday to send a $12 million case it won against Carebourn Capital back to the district court in light of its recent decision to take a less expansive approach to the definition of "securities dealer."
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June 05, 2025
SEC Seeks To Cut Enforcement Staff To 2010 Levels
The U.S. Securities and Exchange Commission could see its lowest level of enforcement attorneys since the first Obama administration if Congress approves the agency's requested budget, with the proposal indicating that even more workers could leave the SEC in the next fiscal year.Â
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June 05, 2025
Elon Musk Seeks $5B For AI Startup, Amid Other Reports
Elon Musk is planning a $5 billion debt sale for his AI startup, Ontario’s pension seeks final bids for an Indian hospital system, and Merck eyes a Swiss biotech with a potential $3 billion price tag. Here's a rundown of these and other notable deal rumors from the last week.
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June 05, 2025
Fed, OCC Face Bipartisan Call For Leverage Ratio Reform
Republican and Democratic lawmakers teamed up Thursday to urge federal banking regulators to revisit their bank leverage rules "with haste," pointing to U.S. Treasury market liquidity concerns and asking for details about potential adjustments under consideration.
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June 05, 2025
SEC Beats Challenge To Stricter Shareholder Proposal Rule
A Washington, D.C., federal judge Thursday upheld the U.S. Securities and Exchange Commission's rule that raises eligibility requirements for submitting shareholder proposals, disagreeing with investor advocacy groups that the requirements "severely impair" investors' input on corporate policies.
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June 05, 2025
NJ Judge Trims Pool Equipment Maker Shareholder Suit
A New Jersey federal judge has dismissed some claims in a proposed investor class action alleging pool supply company Hayward Holdings Inc. concealed it was struggling with ballooning inventory and lowered demand, but ruled that some of the claims, including the claims against the company's consortium, can continue.
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June 05, 2025
SEC Panel Backs Rules Curbing Advisers' Arbitration Power
An investor-focused committee recommended Thursday that the U.S. Securities and Exchange Commission enact rules governing mandatory arbitration clauses between registered investment advisers and their clients, concerned that such clauses can harm investors.
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June 05, 2025
Mich. Judge Trims Property Owners' Foreclosure Surplus Suit
A Michigan federal judge trimmed a proposed class action filed by former property owners who accused Wayne County of wrongfully refusing to pay them surplus proceeds from tax foreclosure sales.
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June 05, 2025
Crypto Hedge Fund Co-Founder To Pay $944K In SEC Suit
A co-founder of hedge fund firm BKCoin Management LLC has agreed to pay $944,000 to the U.S. Securities and Exchange Commission to resolve claims that he and the Miami-based investment adviser fraudulently raised $100 million from 55 investors between 2018 and 2022 under the guise of investing in crypto assets.
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June 05, 2025
Ex-Atty Says IRS Suit Over Property Sale Tactic Is Retaliatory
A former attorney has asked an Idaho federal court to toss the government's suit accusing him and his company of promoting an abusive tax scheme, arguing that the underlying property sale transactions were above board but the government targeted him as punishment for suing the IRS and to gain backdoor access into confidential business records.
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June 05, 2025
SPAC Inks $4.75M Deal To End Merger Misrepresentation Suit
The directors and controlling stockholders of special purpose acquisition company Graf Industrial Corp. have agreed to pay $4.75 million to resolve claims that they misled investors ahead of a 2020 merger with Velodyne Lidar Inc.
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June 05, 2025
CVS Sued Over Health Plan's Tobacco, Spousal Surcharges
A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.
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June 05, 2025
5 Firms Steer Self-Driving Truck Startup's $1.2B SPAC Merger
Self-driving truck software maker Plus Automation Inc. plans to go public at an estimated $1.2 billion valuation by merging with special purpose acquisition company Churchill Capital IX Corp., both parties announced Thursday, in a deal guided by five law firms.
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June 05, 2025
DOL Benefits Arm Needs Turnaround, Nominee Tells Senators
President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.
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June 05, 2025
How Trump's Pardons Could Sway Prosecutorial Discretion
As President Donald Trump dismantles a growing list of white collar criminal cases with a flurry of clemency grants early in his second term, erasing years of investigative and prosecutorial work with a stroke of his black Sharpie, experts worry his actions will have a chilling effect on prosecutorial decision-making.
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June 05, 2025
Ex-Wells Fargo Worker Says 'Herculean' Win Backs Fee Bid
An ex-Wells Fargo worker awarded $22.1 million in his case claiming he was fired out of disability bias defended his request for $1.5 million in attorney fees, telling a North Carolina federal court his counsel's "superior lawyering" and "herculean effort" justified the proposed award.
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June 05, 2025
Neuberger Berman Wraps Strategic Capital Fund At $4B
Private equity shop Neuberger Berman, advised by Simpson Thacher & Bartlett LLP, on Thursday announced that it clinched its second strategic capital fund after securing just over $4 billion in capital commitments.
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June 05, 2025
Supreme Court Bars Hamas Victims From Reviving Bank Suit
The U.S. Supreme Court ruled Thursday that victims of Hamas terrorist attacks cannot get a second shot at filing a lawsuit that seeks to hold a Lebanese bank liable for aiding and abetting Hamas, reasserting that final judgments can only be reopened under "extraordinary circumstances."
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June 04, 2025
Spain Pays $27M Renewable Energy Incentive Scheme Award
In what appears to be a first of its kind development, Spain has paid a €23.5 million ($26.8 million) arbitral award owed to Blasket Renewable Investments LLC after the country dialed back a series of economic incentives aimed at encouraging renewable energy projects.
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June 04, 2025
Navios CEO Sued Over 'Disloyal' Share Buyback Scheme
Two investors of shipping and logistics company Navios Maritime Holdings Inc. say the company's CEO and board of directors ran a scheme to devalue preferred shares after taking the company private, supposedly concealing plans to delist the stock and buy it back at fire-sale prices.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
SEC Seeks Input On Tightening Perks For Foreign Issuers
The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.
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June 04, 2025
Davis Polk, Skadden Guide Circle's Upsized $1B IPO
Venture-backed stablecoin issuer Circle Internet Group Inc. on Wednesday priced an upsized $1.05 billion initial public offering above its marketed range amid strong demand, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
Expert Analysis
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Âé¶¹´«Ã½ firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Âé¶¹´«Ã½yer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyÂé¶¹´«Ã½.
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Does R-Squared Have A Role In Event Study Analysis?
With 2024 marking the second consecutive year to experience an increase in securities class action filings, determining the reliability of event study models is of utmost importance, but it's time to reconsider the traditional method of doing so, say analysts at StoneTurn Group.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Âé¶¹´«Ã½, and attorney Gary Brenner.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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$38M Âé¶¹´«Ã½ Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Âé¶¹´«Ã½ Makes Me A Better Âé¶¹´«Ã½yer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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SEC's Crypto Statement Offers Clarity On Disclosures
While the crypto industry awaits a definitive rule from the U.S. Securities and Exchange Commission on whether a crypto-asset is a security, its recent guidance provides a road map for registrants seeking to comply with current disclosure requirements and shows the commission is working toward a comprehensive regulatory framework, say attorneys at Debevoise.
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Opinion
Proposals Against Phillips 66 Threaten Corporate Âé¶¹´«Ã½
Activist investor Elliott Investment Management's latest attempted tactic — initiating a high-stakes proxy contest against Phillips 66 — goes too far and would cause the company to both violate Delaware law and avoid the legal exception to the shareholder proposal process, says J.W. Verret at George Mason University.