Asset Management

  • June 12, 2024

    4 Firms Steer $3.7B Canadian Banking Merger

    Four firms are serving as the key legal advisers on a newly inked agreement for National Bank of Canada to purchase Canadian Western Bank, or CWB, in a deal that values the latter institution at approximately CA$5 billion ($3.7 billion) and sent its stock soaring more than 70% Wednesday. 

  • June 12, 2024

    Shareholders To Settle Discovery-AT&T Merger Suit In Del.

    Former shareholders of Discovery Inc. who sued in Delaware's Court of Chancery over the media entertainment company's $43 billion merger with AT&T in 2022 have agreed to settle their class action and intend to finalize settlement documentation by July 5, the parties told the court late on Tuesday.

  • June 11, 2024

    Amplitude Execs Face Suit Over Post-IPO Share Inflation

    Current and former insiders of business software maker Amplitude were hit with a shareholder derivative suit claiming they profited from misrepresentations they made about the likelihood of the company sustaining its revenue growth following its initial public offering.

  • June 11, 2024

    2nd Circ. Cites Macquarie In Booting Suit Over Go-Private Deal

    The Second Circuit refused to revive a proposed class action accusing a real estate services provider of artificially depressing share prices, applying apparently for the first time the U.S. Supreme Court's Macquarie decision on alleged failures to disclose certain information.

  • June 11, 2024

    Ontrak CEO Told Broker To Sell Shares Quickly, Jury Hears

    A stockbroker testifying Tuesday in the California federal insider trading trial for Ontrak's founder said the executive didn't accept his advice to delay selling shares of the healthcare company to avoid the appearance of trading on insider information, but instead insisted on selling the shares immediately.

  • June 11, 2024

    SIFMA, Missouri Seek Early End To Anti-ESG Rules Suit

    The Securities Industry and Financial Markets Association and Missouri state officials have filed dueling summary judgment bids in SIFMA's suit over the state's anti-ESG rules for brokers and advisers, with SIFMA claiming the rules violate the First Amendment, and both sides painting the issue as a matter of states' rights versus federal preemption.

  • June 11, 2024

    DC Circ. Affirms Petrobras' Immunity Denial In Fraud Case

    The D.C. Circuit on Tuesday affirmed the denial of Petrobras' immunity defense against an investor fraud lawsuit filed after the petroleum company was implicated in a sprawling bribery scheme, ruling that the alleged fraud caused a direct impact on the United States sufficient to pull Petrobras into the court's jurisdiction.

  • June 11, 2024

    Hedge Fund Anson Settles With SEC Over Cannabis Shorts

    The American and Canadian entities overseeing hedge fund Anson Funds agreed on Tuesday to pay $2.25 million to end a U.S. Securities and Exchange Commission investigation into their allegedly hidden relationship with an activist investment firm that shorted a pair of cannabis stocks.

  • June 11, 2024

    HashiCorp Hit With Investor Suit Over $6.4B Sale To IBM

    Software company HashiCorp Inc. and its board members face an investor suit seeking to halt an upcoming shareholder vote on a proposed $6.4 billion acquisition of HashiCorp by tech giant IBM, alleging the deal would unfairly benefit company insiders and hasn't been properly detailed in required filings.

  • June 11, 2024

    Capital One Will Face Savings-Rate MDL In Its Home District

    Virginia-headquartered Capital One will face suits over allegedly misleading marketing for its high-yield savings accounts in federal court in the Eastern District of Virginia, the Judicial Panel on Multidistrict Litigation has determined.

  • June 11, 2024

    Slow IPO Recovery Expected To Accelerate In 2025

    More companies are preparing initial public offerings even as the pace of new listings has been slower than anticipated, experts said Tuesday, signaling that an IPO recovery is likely to accelerate next year after investors sort out November election results.

  • June 11, 2024

    AlphaSense Valued At $4B After $650M Investment Round

    New York-based market intelligence platform AlphaSense said Tuesday it has raised $650 million in funding as part of an agreement to buy data provider Tegus, valuing AlphaSense at $4 billion.

  • June 11, 2024

    FINRA Fines Brokerage TradeZero Over 'Finfluencer' Promos

    The Financial Industry Regulatory Authority has fined broker-dealer TradeZero America Inc. $250,000 for allegedly failing to properly supervise its influencer partners, who promoted the firm on their social media accounts.

  • June 11, 2024

    Mattel Wants Out Of Suit Over Forfeited 401(k) Funds

    Mattel urged a California federal court to throw out a lawsuit a former employee launched alleging the company should have used former workers' forfeited 401(k) funds to cover plan expenses, saying its decision to use that money to satisfy its own contributions is in line with federal benefits law.

  • June 11, 2024

    Heinz Charity Says Ex-Adviser Stole Almost $1M Via Sham Co.

    A technology adviser for the Pittsburgh-based Heinz Endowments embezzled nearly a million dollars by steering payments to a company he secretly owned for work it never did, then tried to cover his tracks when he came under investigation, the endowments claimed in a federal lawsuit.

  • June 11, 2024

    Jones Day Lands Alston & Bird Financial Markets Atty In LA

    Jones Day announced Tuesday it brought on an Alston & Bird partner who started his decades-long legal career at Jones Day and will now work out of the firm's offices in Los Angeles and Irvine, California, strengthening its financial markets practice.

  • June 11, 2024

    Dentons Hires Former In-House Compliance Chief In Indy

    Dentons has brought on a seasoned corporate attorney with close to two decades of in-house and government experience as of counsel in the firm's Indianapolis office, focusing on transactional matters like contracts, corporate governance and securities law.

  • June 11, 2024

    Swedish Software Co. IFS Buying Copperleaf In CA$1B Deal

    Linköping, Sweden-based IFS AB has agreed to purchase Canada's Copperleaf Technologies Inc. for about CA$1 billion ($725.6 million), the companies said Tuesday. 

  • June 10, 2024

    Pension Fund Repays PBGC $8M In Excess Financial Aid

    The U.S. Department of Justice announced Monday that a pension provider for workers in graphic communications has paid back more than $8 million in excess funds it received through a financial assistance program administered by the Pension Benefit Guaranty Corp.

  • June 10, 2024

    Exxon Says Activist Investor Could Still Target Core Business

    Exxon Mobil Corp. sought Monday to keep alive its lawsuit against Arjuna Capital LLC in Texas federal court, arguing that the activist investor could still work behind the scenes to submit climate-related shareholder proposals despite promises in court that it will not.

  • June 10, 2024

    3 Takeaways From Cigna's Win In 9th Circ. Rehab Claim Fight

    The Ninth Circuit's recent decision finding Cigna is off the hook for $8.6 million in out-of-network mental health and substance use disorder treatment claims against employee benefit plans administered by the insurer could discourage similar litigation, benefits attorneys say. Here are three key takeaways from the decision.

  • June 10, 2024

    Judge Unseals Some Testimony Of Trump Tax Info Leaker

    A federal magistrate judge on Monday ordered the unsealing of some testimony from a former IRS contractor about how he illegally gained access to former President Donald Trump's tax returns in a billionaire's case suing the agency over the breach.

  • June 10, 2024

    Conduent Buys Back $132M Of Shares From Carl Icahn

    Business services provider Conduent Inc. on Monday agreed to repurchase $132 million of common stock from activist investor Carl Icahn, ending Ichahn's stock in the company through a deal guided by Willkie Farr & Gallagher LLP and Holland & Knight LLP.

  • June 10, 2024

    Catching Up With Delaware's Chancery Court

    Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.

  • June 10, 2024

    Citgo Retirees Secure Amended Class Cert. In ERISA Suit

    An Illinois federal judge greenlighted class status to retired Citgo employees who accused the company of shortchanging them by using outdated metrics to calculate early retirement payouts, saying the former employees properly winnowed down the class definition.

Expert Analysis

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • What The NYSE Proposed Delisting Rule Could Mean For Cos.

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    The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • Key Takeaways From 2024 Accountants' Liability Conference

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    At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Takeaways From SEC's New Data Breach Amendments

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    The U.S. Securities and Exchange Commission's recent amendment of its consumer privacy rules to require investment advisers and broker-dealers to put procedures in place to uncover data breaches and report them to customers evidences that protecting client records and information remains an SEC priority, say attorneys at Simpson Thacher.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Opinion

    Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill

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    After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.

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