Securities

  • February 13, 2024

    Insurers Must Pay Pharma Co. Defense Costs In SEC Probe

    A drug development company formed by a merger is entitled to insurance payments for expenses it paid two of its former officers in connection with federal subpoenas because the insurer failed to show that an exclusion applied, a California federal judge ruled Monday.

  • February 13, 2024

    TD Ameritrade Says It's Not Liable For Fraudster's Conduct

    TD Ameritrade told a Florida federal judge Tuesday that a lawsuit brought on behalf of the wife of a deceased man accused of orchestrating a Ponzi scheme should be dismissed, arguing that it should not be held responsible just because its platform was used.

  • February 13, 2024

    Wells Fargo Can't Beat Inflated Stock Option Suit

    A Minnesota federal judge on Tuesday rejected Wells Fargo & Co.'s request to toss a proposed class action claiming the banking giant used its $40 billion employee retirement plan to buy company stock options at an inflated value to shoulder the company's 401(k) matching burden.

  • February 13, 2024

    Beauty Company Hit With Derivative Suit Over Skin Tech Woes

    Directors and officers at the Beauty Health Co. hid bad news about a defective skin care device for 18 months, leading to stock price drops, analyst downgrades and a securities class action when the truth was finally revealed, a shareholder alleges in a new Delaware Chancery Court complaint.

  • February 13, 2024

    Cannabis Site Co. Moves To Ax 'Rambling' Securities Suit

    Decentral Life and its licensees asked a Colorado federal judge Monday to toss an investor's "rambling and incomprehensible" securities fraud suit accusing them of making false statements to trick him into investing more than $1.7 million, arguing most of his allegations fail under the federal pleading requirements.

  • February 13, 2024

    Hotel Rental Co. Hid Litigation And Failed Deal, Suit Says

    Real estate company LuxUrban Hotels has been hit with a proposed class action alleging it lied about a 25-year deal with the Royalton Hotel in New York and multiple lawsuits over unpaid rent, which it says caused shares to decline after a short-seller report disclosed the issues.

  • February 13, 2024

    Wells Fargo, Ex-Exec Continue Bids To Win Bias Suit

    A Wells Fargo unit and one of its former investment directors are pushing their competing bids for summary judgment in a disability bias suit, each claiming there is evidence to support their arguments regarding why the director's termination occurred.

  • February 13, 2024

    OpenText Wants Out Of Class Action Coverage Suit

    OpenText told a Michigan federal court it should be dismissed from an insurer's suit seeking to avoid coverage of a class action from former Covisint shareholders alleging an unfair merger, saying it's not involved in the underlying case and its only alleged connection is that it acquired outstanding Covisint stock.

  • February 13, 2024

    Catching Up With Delaware's Chancery Court

    A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.

  • February 12, 2024

    'Pig Butchering' Scheme Took Down Small Bank, Fed IG Says

    The July collapse of a Kansas community bank appears tied to a type of crypto scam known as pig butchering, enabled by a failure of internal controls that allowed its former CEO to allegedly siphon off enough money to force the bank's closure, according to a new report by a bank regulatory watchdog.

  • February 12, 2024

    Fired Wells Fargo Exec Nabs Partial Win In Retaliation Suit

    A California magistrate judge on Monday granted a partial win to a former Wells Fargo executive who sued the bank for allegedly firing him because he was a whistleblower, rejecting arguments that the bank is preempted by a provision of the National Banking Act.

  • February 12, 2024

    Investors Win Class Cert. Against Failed COVID Test Maker

    Investors suing biotech company Talis Biomedical Corp. have received class certification in a suit alleging the company hurt investors when trading prices sank a month after its initial public offering when the company failed to secure U.S. Food and Drug Administration approval for its flagship testing platform.

  • February 12, 2024

    Chancery Partly Shoots Down Moelis Founder Control Suit

    Global investment bank Moelis & Co. lost much of its bid Monday for summary dismissal of a stockholder suit seeking to invalidate stockholder agreements said to have wrongly ceded board powers to company founder and CEO Kenneth Moelis, Delaware's Court of Chancery ruled late Monday.

  • February 12, 2024

    Bribery Is Not Securities Fraud, FirstEnergy Tells 6th Circ.

    FirstEnergy Corp. is asking the Sixth Circuit to overturn class certification in a case accusing the company of committing securities fraud in connection with a multimillion-dollar bribe made to a convicted politician, arguing that "half-truths" about the company's aging power plants cannot be the basis of class-wide claims.

  • February 12, 2024

    Bank Trade Chief Warns Of Rules 'Masquerading As Guidance'

    The American Bankers Association's chief executive fired off a warning shot at federal regulators on Monday over their use of agency guidance, cautioning that several recent documents addressing certain bank fees and other practices are no substitute for formal rulemaking.

  • February 12, 2024

    SEC Says Long Islander Aided $2M 'Free Riding' Scam

    A Long Island 25-year-old has agreed to settle U.S. Securities and Exchange Commission allegations that he played a key role in a $2 million "free riding" scheme to take advantage of "instant deposit" credits offered by broker-dealer firms.

  • February 12, 2024

    Generator Co. Brass Accused Of Lying About Finances

    Top executives and board members of Generac, a power generation equipment manufacturer, were hit with a shareholder derivative lawsuit filed in Delaware federal court on Monday, accusing them of lying about the company's financial outlook and the reliability of its products.

  • February 12, 2024

    TradeStation Fined By FINRA For Supervisory Failures

    Broker-dealer TradeStation Securities agreed to pay $700,000 to the Financial Industry Regulatory Authority to settle claims that it failed to properly use anti-money laundering programs to alert the firm of suspicious trading by its customers, and that it did not implement proper procedures for the sales of certain securities.

  • February 12, 2024

    Katten Says It Can't Be Forced To Stay In Madoff Suit

    Katten Muchin Rosenman LLP told a New York bankruptcy judge that the difficulties the trustee for Bernard L. Madoff Investment Securities may have in a suit to claw back $2 billion in transfers do not justify keeping the firm on the case for years with no prospect of pay.

  • February 12, 2024

    Flagstar Takes Aim At 'Nonsensical' $3M Signature Fraud Suit

    Flagstar Bank has urged a New York federal judge to toss a cash advance lender's suit that seeks millions of dollars allegedly stolen from its account at Signature Bank years before the bank failed, saying the theory that Flagstar should be on the hook for Signature's liabilities as its acquirer is "nonsensical."

  • February 12, 2024

    Crypto Pastor Enlisted Family For Scam, Colo. Officials Say

    A pastor accused of running a fraudulent cryptocurrency scheme targeting Christians also recruited his father, in-laws and other church leaders to sell the worthless coin in exchange for commissions of up to $32,500, Colorado's securities commissioner said Monday.

  • February 12, 2024

    FTX Says User Agreements Don't Sink $157M Clawback

    A lawsuit to recoup cryptocurrency withdrawn from defunct trading platform FTX Trading Ltd. in the run-up to its Chapter 11 bankruptcy shouldn't be tossed, FTX told a Delaware bankruptcy court, saying the court can't determine who owned the $157.3 million of digital assets held in customer accounts at the motion to dismiss stage.

  • February 12, 2024

    Del. Justices Refuse Deutsche Bank's Vik Case Appeal

    A missed deadline has sunk Deutsche Bank's hopes for Delaware Supreme Court review of a Chancery Court ruling rejecting its midcase appeal in a long-running recovery suit targeting $50 million allegedly controlled by holdings of Norwegian billionaire investor Alexander Vik.

  • February 12, 2024

    Musk Can't Dodge SEC Questions About $44B Twitter Buy

    A California federal judge has told Elon Musk that he must appear before the U.S. Securities and Exchange Commission to testify about his $44 billion purchase of the social media platform formerly known as Twitter, waving off the billionaire's assertions that the agency was harassing him via a series of seemingly endless investigations.

  • February 12, 2024

    Siblings Fail To Escape SEC's $112M Pump-And-Dump Suit

    A brother and sister named in a U.S. Securities and Exchange Commission case concerning an alleged pump-and-dump scheme that defrauded investors of $112 million failed to escape the suit after a Texas federal judge ruled that the SEC successfully showed that the siblings had at least a general awareness of their role in the scheme, among other things.

Expert Analysis

  • NY CRE Lenders Need Clarity On Foreclosure Standing

    Author Photo

    Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • ERISA Litigation Faces New Frontiers In 2024

    Author Photo

    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • Del. Ruling Guides On Advance Notice Bylaw Amendments

    Author Photo

    The Delaware Chancery's Court's recent denial of investment fund Paragon Technologies' injunction motion against Ocean Power Technologies underscores the importance of carefully crafting and enforcing corporate advance notice bylaw amendments, especially in light of universal proxy rules, say attorneys at Venable.

  • Series

    Baking Bread Makes Me A Better Lawyer

    Author Photo

    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

    Author Photo

    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

    Author Photo

    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • 4 Questions On Groundbreaking New Foreign Bribery Law

    Author Photo

    The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

  • Why CFTC Whistleblowers Are Crucial To Crypto Regulation

    Author Photo

    The U.S. Commodity Futures Trading Commission's whistleblower program has proven to be a key tool in the U.S.' efforts to police cryptocurrency, but a funding issue shows that it has become a victim of its own success, says Stephen Kohn at Kohn Kohn.

  • Wachtell-X Ruling Highlights Trend On Arbitrability Question

    Author Photo

    A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.

  • 7 E-Discovery Predictions For 2024 And Beyond

    Author Photo

    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

    Author Photo

    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • How Corp. Transparency Act Can Unmask Crypto Owners

    Author Photo

    With the federal Corporate Transparency Act in effect as of Jan. 1, litigants may now have a less burdensome path toward determining the identities of owners behind convoluted corporate entities, and, by extension, any digital assets they own that could be subject to a potential judgment, says Brett Sager at Ehrenstein Sager.

  • ESG Concerns Can No Longer Be Ignored In 2024

    Author Photo

    While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

    Author Photo

    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

    Author Photo

    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Securities archive.
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!