Asset Management

  • February 15, 2024

    Bogus NSA Worker To Pay SEC $2.2M In Crypto Scam Case

    An alleged crypto fraudster who told would-be investors he was a former Marine and a onetime employee of the National Security Agency will pay over $2.2 million to end U.S. Securities and Exchange Commission claims he faces in Florida federal court.

  • February 15, 2024

    Generac Brass Hid Inflation's Impact On Sales, Suit Says

    Executives and directors of generator company Generac have been hit with a shareholder derivative suit alleging they understated the damage inflation had on consumer spending and demand for the company's products.

  • February 15, 2024

    Aurinia Refocusing After Failed Effort To Find A Buyer

    Kidney-focused biotech Aurinia Pharmaceuticals is hitting pause on drug development, cutting jobs and initiating a $150 million stock buyback program, the company disclosed in its year-end financial report Thursday.

  • February 15, 2024

    Lawmakers Push PE Firm For Answers On Steward Health

    A group of lawmakers demanded answers from private equity firm Cerberus Capital Management on Thursday over its relationship with financially troubled Steward Health Care-owned hospitals in Massachusetts, saying that Steward's recent collapse is a "textbook example" of the "grave risks" that come with private equity takeover of the healthcare system.

  • February 15, 2024

    Credit Repair Biz Urges Sanctions In Sales Reps' Firing Suit

    A credit repair services company being sued by a group of fired sales agents has called on a Michigan federal court to sanction them, saying their claim of not knowing if they had signed contracts with arbitration terms was an attempt to wriggle out of arbitration.

  • February 15, 2024

    Trump Social Media Blank-Check Merger Gets SEC Approval

    The blank-check company looking to take former President Donald Trump's social media platform public has obtained approval from the U.S. Securities and Exchange Commission to move forward with the long-delayed merger, according to a recent regulatory filing.

  • February 15, 2024

    House GOP Tees Off On DOL's ERISA Fiduciary Proposal

    Republican lawmakers blasted the U.S. Department of Labor's proposal to expand which investment advisers are subject to the Employee Retirement Income Security Act's strict conflict-of-interest standards during a House subcommittee hearing Thursday where one member vowed to try to repeal the regulations when finalized.

  • February 15, 2024

    Deals Rumor Mill: Sony-Michael Jackson, Inspire IPO, Walmart

    Sony plans to acquire half of Michael Jackson's catalog; private equity firm Roark Capital is planning to list Inspire Brands, which owns Dunkin' and other food chains; and Walmart is pursuing an acquisition of TV maker Vizio. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • February 14, 2024

    Epstein Survivors Say FBI's 'Botched' Probes Allowed Abuse

    Twelve survivors of sexual predator Jeffrey Epstein claim the FBI failed to investigate numerous allegations that he was trafficking and sexually assaulting young women and children, allowing the abuse to continue for more than two decades, according to a lawsuit filed Wednesday in New York federal court.

  • February 14, 2024

    Prudential Inks $35M Deal Over Investor's Stock-Drop Suit

    A Prudential Financial Inc. investor asked a New Jersey federal judge on Wednesday to sign off on a $35 million deal to settle allegations the insurer hid mortality trends and understated its life insurance reserves, causing its stock to trade at inflated prices.

  • February 14, 2024

    Split 11th Circ. Rules Against SEC On Penny-Stock Ban

    A "toxic lender" will have to disgorge nearly $1 million in profits made after he ran afoul of U.S. Securities and Exchange Commission rules on trading in penny-stock debt, but his behavior was not egregious enough to warrant a permanent ban from penny-stock markets, a divided Eleventh Circuit ruled Wednesday.

  • February 14, 2024

    FinCEN Head Vows No 'Gotcha' Enforcement Of New Rules

    The director of the U.S. Treasury Department's Financial Crimes Enforcement Network said during a Wednesday congressional hearing that the agency is not pursuing "gotcha" enforcement when it comes to companies complying with new rules for reporting their beneficial ownership information.

  • February 14, 2024

    Capital One Accused Of Hiding Savings Account Changes

    Capital One concealed from existing account holders that it offered new customers superior high-yield savings account options while also cutting interest rates on older accounts to reap financial benefits, according to a proposed class action filed Wednesday in California federal court.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    Adagio Medical Goes Public In $128M SPAC Merger

    Adagio Medical, a catheter ablation tech maker, and Arya Sciences, a special purpose acquisition company, said on Wednesday that they would merge, taking the combined company public at a $128 million value, guided by respective legal adviser Reed Smith and Kirkland.

  • February 14, 2024

    Fund Administrator Negligent In $9M Fraud, NC Justices Told

    A group of investors who were fleeced for nearly $9 million by a crooked hedge fund manager urged the North Carolina Supreme Court Wednesday to revive their negligence suit against the fund's administrator, arguing it blindly accepted whatever the manager said without verifying whether his investments were legitimate.

  • February 14, 2024

    SEC Says Bankruptcy Doesn't Stop Crowdfunding Fraud Case

    Securities regulators are urging a Michigan federal judge to allow them to press on with their claims against the alleged mastermind behind a $2 million crowdfunding scheme — who has since quietly changed his name and allegedly bilked his attorney — arguing that his recent bankruptcy filing shouldn't pause proceedings.

  • February 14, 2024

    Retirement Plan Funds Get Partial Thaw During DOL Probe

    Hundreds of retirement and profit-sharing plans will be allowed to find new management amid the U.S. Department of Labor's investigation into allegations their previous administrator improperly shuffled and may have embezzled millions of dollars from 17 of them, a Pennsylvania federal judge said Wednesday.

  • February 14, 2024

    Biotech Nabs $200M Via Private Placement, Starts CEO Search

    Public gene therapy company enGene Holdings Inc. announced Wednesday that it will sell 20 million of its common shares, raising an anticipated private placement of around $200 million, to fund the development of its lead compound EG-70.

  • February 14, 2024

    Glancy Prongay To Lead Wood Pellet Co. Dividend Suit

    Glancy Prongay & Murray LLP has been appointed lead counsel in an investor suit alleging wood pellet manufacturer Enviva misled investors about the financial health of the company and its ability to pay dividends.

  • February 14, 2024

    Walmart Says Ex-Manager's OT Claims Too Vague To Proceed

    Walmart urged a Georgia federal court to dismiss a former manager's claims that she was misclassified as overtime-exempt, arguing that the worker failed to specify what overtime tasks she performed or when she performed them.

  • February 14, 2024

    NYCB Faces Another Class Action Over CRE Challenges

    A New York Community Bank investor has brought a proposed class action alleging that executives falsely boasted of the bank's financial condition after making two large acquisitions, when the deals in fact weighed down its balance sheet and led to a significant dividend reduction.

  • February 14, 2024

    Mich. Health Co. Settles Payroll Outage Dispute For $325K

    A Michigan health system agreed to pay $325,000 to settle over 2,000 workers' claims for unpaid wages following the Kronos timekeeping system hack in 2021 and asked a Michigan federal court to approve the deal.

  • February 14, 2024

    Atty For Ex-Trump Official Accused Of Leaking Deposition

    The plaintiff in a federal fraud suit against a former Trump administrative State Department official and a Philadelphia attorney wants the defendants' attorney sanctioned and tossed from the case after the attorney allegedly shared depositions marked confidential with a third-party witness.

  • February 14, 2024

    Kirkland-Led PE Shop Raises $887M Across 2 Industrial Funds

    Kirkland & Ellis LLP-advised Core Industrial Partners, a private equity shop focused on industrial technology and industrial services, said Wednesday that it closed two separate funds above target, amassing a total of $887 million in capital commitments.

Expert Analysis

  • CFPB's Proposed Overdraft Rule Evokes A Dickensian Tale

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    The Consumer Financial Protection Bureau's new proposed rule, declaring overdraft credit to be under Truth In Lending Act protection, creates tension between vigorous agency action and judicial concerns about administrative overreach that calls to mind Charles Dickens' "A Tale of Two Cities," say Eric Mogilnicki and David Stein at Covington.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Opinion

    CFPB Must Clarify When Anti-Fraud Benefits Offset Harms

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    The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Arbitration Is Still On The Table To Fight ERISA Class Actions

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    Despite the U.S. Supreme Court recently denying certiorari in two cases that would have brought clarity to the arbitrability of ERISA claims, it is likely that the issue will remain hotly contested for some time, but lower court decisions provide tools for plan sponsors to curtail their ERISA exposure, say attorneys at Sullivan & Cromwell.

  • Inside Del. Determinations Of Specific Performance In M&A

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    Delaware M&A rulings, including several from the end of 2023, shed light on the facts that courts may consider when determining whether a party to a transaction is entitled to specific performance, say attorneys at White & Case and Odeko.

  • After Watershed Year, Clean Hydrogen Faces New Challenges

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    Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.

  • Unpacking PCAOB's Sanctions Against China-Based Auditors

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    Following the Public Company Accounting Oversight Board's first major enforcement actions against audit firms located in China and Hong Kong for violating quality control standards, China-based U.S. issuers should be prepared for more rigorous audits in the upcoming cycle, and for continuing strict scrutiny from the regulator, say attorneys at Debevoise.

  • FERC Actions Signal Concern Over Investors' Utility Stakes

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    Two recent orders and a notice of inquiry from the Federal Energy Regulatory Commission on the subject of whether large investors are asserting control of public utilities signal increasing regulatory scrutiny of the investment community's influence over the electric power industry, say attorneys at Day Pitney.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

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