Capital Markets

  • February 28, 2024

    US Trustee Taps Ex-Prosecutor To Be FTX Examiner

    The U.S. Trustee's Office has urged a Delaware bankruptcy judge to allow Robert Cleary, a former U.S. attorney who is now with Patterson Belknap Webb & Tyler LLP, to investigate FTX's finances as an examiner in the defunct cryptocurrency company's Chapter 11 case.

  • February 28, 2024

    Structured Finance Group Of The Year: Dentons

    Dentons helped rescue the banking industry in 2023 by securing a $50 billion deal financing the Federal Deposit Insurance Corp.'s receivership of First Republic Bank following the second-largest bank failure in the U.S., earning the firm a spot among Law360's Structured Financing Groups of the Year for the third consecutive year.

  • February 27, 2024

    Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud

    FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.

  • February 27, 2024

    SEC Accuses Ex-Tech CEO Of Social Media Fraud Scheme

    The former CEO and co-founder of digital advertising company Alfi Inc. was sued by the U.S. Securities and Exchange Commission on Tuesday for allegedly making false and misleading statements on social media about the now-defunct company's financial performance to try and boost its stock price.

  • February 27, 2024

    Fed's Barr Urges Careful Bank Counterparty Risk Practices

    The Federal Reserve's vice chair for supervision said Tuesday that banks should closely manage their exposure to counterparties, including by carefully measuring the credit risks they pose and using conservative margining practices.

  • February 27, 2024

    NJ Real Estate Fund Executive Cops To $658M Ponzi Scheme

    The CEO of a Garden State real estate investment fund pled guilty in New Jersey federal court on Tuesday to defrauding more than 2,000 investors through a $658 million Ponzi scheme, while also evading millions of dollars in tax liabilities, according to federal prosecutors.

  • February 27, 2024

    Chinese Real Estate Giant KE Holdings Gets IPO Suit Trimmed

    A New York federal judge tossed a swath of claims against Chinese real estate giant KE Holdings and its executives in an investor suit claiming they overstated the number of agents and stores on its platform, which a short seller later said was false, leading the stock price to drop.

  • February 27, 2024

    NJ Investment Adviser Indicted In $5M Financing Fee Scheme

    A New Jersey investment adviser has been charged with fraudulently collecting millions of dollars in fees from people seeking funding for commercial projects and misappropriating at least $800,000 for his own personal benefit, the U.S. Attorney's Office for the District of New Jersey said in an indictment filed on Tuesday.

  • February 27, 2024

    Ex-Anchorage Digital GC Speaks Out On Leaving Crypto Bank

    The former general counsel for cryptocurrency custodian Anchorage Digital said Tuesday that a continued lack of regulatory clarity for the industry as a whole and the scale of bad actors in the space led her to step down from her role with the digital asset bank late last year.

  • February 27, 2024

    Veradigm To Acquire ScienceIO, Face Potential Nasdaq Delisting

    Healthcare technology company Veradigm announced Tuesday that it would acquire language model startup ScienceIO in a $140 million deal that would help it extract more insights from its data and launch new features across its business.

  • February 27, 2024

    ​​​​​​​Payment Software Co.'s Bylaws Spark Class Action In Del.

    An investor sued a billing software maker and its board Tuesday in Delaware's Court of Chancery to invalidate what he called "coercive" company bylaw provisions that aim to thwart dissident stockholders from successfully waging a proxy contest.

  • February 27, 2024

    American Airlines Says ESG Doesn't Break Fiduciary Duty

    American Airlines Inc. has asked a Texas federal judge to ground a proposed class action involving environmental, social and governance policies in retirement plans, saying Monday that the plaintiff has no evidence that the airline breached fiduciary duty or that he suffered a loss.

  • February 27, 2024

    Macy's To Cut Stores, Focus On Luxury Amid Proxy Fight

    Macy's announced a plan Tuesday to close 150 stores, add new luxury-focused locations and monetize at least $600 million worth of its assets as it faces a proxy fight from activist investors that offered $5.8 billion for the company last month.

  • February 27, 2024

    Deal-Makers Expect Further Uptick In M&A-Related Disputes

    Global deal-makers expected increases in mergers and acquisitions-related disputes moving into 2024 after high interest rates and financing constraints created challenges to sealing deals, according to Berkeley Research Group's M&A Disputes Report 2024, which was reviewed by Law360 on Tuesday and is expected to be released in the coming days.

  • February 27, 2024

    Structured Finance Group Of The Year: Cahill Gordon

    Cahill Gordon & Reindel LLP's structured finance team guided the $16 billion take-private of audience measurement company Nielsen, corralling more than 10 banks to cooperate amid difficult market conditions, earning a place among Law360's 2023 Structured Finance Groups of the Year.

  • February 26, 2024

    Convicted Nikola Founder Must Forfeit Ranch, Judge Says

    A New York federal judge on Monday ruled Nikola Corp. founder Trevor Milton, who received a 4-year prison sentence for fraudulently inflating the truck-maker's value on Wall Street, must forfeit his 4,700-acre Utah property, citing the seriousness of Milton's crime and that he bought the ranch using inflated stock options.

  • February 26, 2024

    Genesis Creditors, Owners Allege Cash Grab At Plan Hearing

    Customers and the equity owners of cryptocurrency lender Genesis on Monday accused each other of trying to rob them of assets they deserve, as the debtor began a confirmation hearing for its Chapter 11 plan in New York bankruptcy court.

  • February 26, 2024

    Apache's $3B Write-Down Merits Bigger Class, Investors Say

    A group of Apache Corp. investors on the cusp of winning class certification are arguing that their promised class should be extended to encompass even more investors who were allegedly deceived by company promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust. 

  • February 26, 2024

    Ex-Glass Co. CFO Can't Beat SEC's Accounting Fraud Suit

    A California federal judge said Monday that a former officer of a "smart" glassmaker will have to face the U.S. Securities and Exchange Commission's allegations that he defrauded investors by failing to tell them about certain liabilities the company faced before it merged with a blank-check company.

  • February 26, 2024

    FDIC Faces Staffing Crunch Amid Rising Turnover, IG Warns

    The Federal Deposit Insurance Corp. is struggling to hire enough new employees to keep up with retirements and departures, especially in its examinations department, according to a report from the independent agency's inspector general.

  • February 26, 2024

    CFTC Insists Agency Has Authority To Ban Election Gambling

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge on Monday that barring an online trading platform from offering election betting was within its power as a federal agency, and is also in the public interest.

  • February 26, 2024

    Chinese Retailer Miniso, Underwriters Beat IPO Suit For Now

    Goldman Sachs, BofA Securities Inc. and a Chinese retailer have secured the dismissal of a class action suit in New York federal court, with a federal judge ruling that the suing investors have failed to identify any actionable misrepresentations or omissions made by the company in connection with its 2020 initial public offering, among other things.

  • February 26, 2024

    Ex-Bank CFO Cops To $700K Theft And Life Insurance Scam

    An ex-Eastern International Bank chief financial officer has pled guilty to defrauding the bank out of more than $700,000 to pay his personal expenses, and he admitted to opening life insurance policies in the names of bank employees to benefit his wife, according to the U.S. Department of Justice.

  • February 26, 2024

    Proxy Advice Is Not Solicitation, DC Judge Rules In SEC Case

    A D.C. federal judge tossed U.S. Securities and Exchange Commission regulations that define voting advice from proxy advisory firms as solicitation under agency rules, granting a win to one such firm following years of on-and-off litigation.

  • February 26, 2024

    Mass. Judge Won't Rethink SEC Win On Adviser Duty Breach

    A Massachusetts federal judge has refused to reconsider a judgment against Commonwealth Financial Network that found it failed to disclose an arrangement with its clearing firm that favored certain mutual funds to investors, saying the company has not identified any new evidence or an error in the court's application of the law.

Expert Analysis

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

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

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    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

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    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.

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