Asset Management

  • June 20, 2024

    Del. House Sends Controversial Corp. Law Changes To Gov.

    Delaware legislation that would allow corporate boards to cede some governance rights to chosen stockholders cleared the state's House by a wide margin late Thursday, heading to Gov. John Carney after debate that saw dire predictions for either outcome.

  • June 20, 2024

    Kraken Unlikely To Escape SEC's Crypto Exchange Case

    A California federal judge said Thursday that he was not inclined to dismiss a U.S. Securities and Exchange Commission lawsuit claiming that cryptocurrency exchange Kraken illegally operated as an unregistered securities exchange, telling the company's lawyer, "You've got your work cut out for you" to change his mind.

  • June 20, 2024

    Ontrak Founder's Insider Trading Case Goes To Calif. Jury

    Federal prosecutors delivered closing arguments Thursday in the insider trading trial of Ontrak's founder, telling jurors that he hurriedly dumped $20 million of shares in the healthcare company after discovering its biggest client was going to terminate their deal, while defense counsel argued he was simply exercising expiring warrants.

  • June 20, 2024

    Chancery Preserves Most Of Hertz Shareholder Buyback Suit

    Several Hertz directors who authorized $4 billion in stock buybacks in 2022 that vaulted a private equity-based shareholder into a controlling position will have to face claims in Delaware's Court of Chancery that they breached their fiduciary duties to the company.

  • June 20, 2024

    6 Firms Build Hydrogen Developer's $1.6B SPAC Merger

    Chinese hydrogen solutions company United Hydrogen Group Inc. on Thursday announced plans to go public through a merger with special-purpose acquisition company Aimei Health Technology Co. Ltd. in a deal that values the combined business at roughly $1.6 billion on a pro forma basis and was built by six law firms.

  • June 20, 2024

    Deals Rumor Mill: Carlyle-KKR, Didi IPO, Open AI

    The deals rumor mill is often overflowing with transactions that are reportedly close to being signed, so it can be hard to know which ones to stay on top of.

  • June 20, 2024

    DOL Benefits Head Plans To Attend House Oversight Hearing

    The head of the U.S. Department of Labor's employee benefits arm is planning to testify at a House oversight hearing called by a legislator critical of that office's regulations, a DOL spokesperson said Thursday.

  • June 20, 2024

    AssetMark To Buy $12B In Assets From Financial Services Biz

    Davis Polk & Wardwell LLP-advised wealth management platform AssetMark Inc. on Thursday announced a strategic partnership with Morningstar Wealth under which AssetMark will acquire roughly $12 billion in assets from the Morningstar Wealth Turnkey Asset Management Platform.

  • June 20, 2024

    Ex-BVI Ports Director Gets 9 Years For Drug Smuggling Plot

    A Florida federal judge on Thursday sentenced the former managing director of the British Virgin Islands Ports Authority to just over 9 years in prison for participating in a scheme involving a former BVI premier to move tons of Colombian cocaine through BVI ports to the United States.

  • June 18, 2024

    Ex-Twitter Workers Seek Class Cert. In Arbitration Fee Fight

    A group of former Twitter workers who accuse X Corp. of stalling their employment disputes by refusing to pay arbitration fees urged a California federal judge Monday to certify multiple classes of workers over allegations their arbitration efforts have been thwarted by the social media giant.

  • June 18, 2024

    Del. House Panel Splits On Senate-Passed Corp. Law Change

    A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."

  • June 18, 2024

    4 Firms Steer Family-Owned Baker Europastry's IPO Plans

    Family-owned frozen bakery products giant Europastry S.A. said Tuesday that it plans to raise €225 million ($241.7 million) in fresh capital through an initial public offering on Spanish stock exchanges guided by four law firms, adding to a recent uptick in European IPOs.

  • June 18, 2024

    CFTC Awards $8M To Whistleblower Behind Multiple Actions

    The Commodity Futures Trading Commission has announced it awarded more than $8 million to an insider whistleblower who the agency said provided significant information that led to multiple enforcement actions from multiple agencies.

  • June 18, 2024

    Archegos Trader Doubles Down On Hwang Accusations

    A former protégé of Archegos founder Bill Hwang told New York federal jurors Tuesday that the hedge fund boss directed manipulative and improper trading, pushing back on insinuations by Hwang's counsel that the trades were above-board.

  • June 18, 2024

    Social Media Stock Promoter Beats Trader's Suit For Good

    A Texas federal judge has tossed a suit from a stock trader alleging a social media stock promoter artificially drove up share prices, saying the promoter did not have any duty to disclose to the trader his plans to sell the shares.

  • June 18, 2024

    Perkins Coie Names Private Capital And Fund Formation Chair

    Perkins Coie LLP announced Jacquie Duval as the new chair of the firm's private capital and fund formation practice.

  • June 18, 2024

    Hamilton Lane Closes Its Largest-Ever Fund With $5.6B In Tow

    Private equity shop Hamilton Lane, advised by Ropes & Gray LLP, on Tuesday announced that it has clinched its sixth secondary fund with $5.6 billion in tow, marking the firm's largest fundraise ever, according to a statement Tuesday.

  • June 18, 2024

    Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case

    Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.

  • June 18, 2024

    African Gold Miner To Go Public Via $500M SPAC Merger

    African gold miner Namib Minerals said Tuesday it has agreed to go public by merging with special-purpose acquisition company Hennessy Capital Investment Corp. VI at an estimated $500 million value, a deal said to be the largest SPAC acquisition involving an African business to date.

  • June 18, 2024

    Cooley Adds Ex-Kirkland Global Fund Formation Atty In NY

    Cooley LLP has expanded its fund formation practice with the addition of an experienced fund formation attorney who previously worked at Kirkland & Ellis LLP and founded a venture advisory group for asset managers.

  • June 18, 2024

    HP Escapes 'Novel' 401(k) Suit Over Use Of Forfeited Funds

    A California federal judge threw out a proposed class action that accused HP of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, saying nothing in federal benefits law required the company to use the funds to cover plan expenses.

  • June 18, 2024

    BDO's $2.25M Deal Ending 401(k) Suit Gets Final OK

    An Illinois federal judge on Monday gave his final sign-off to a $2.25 million settlement accounting firm BDO agreed to pay to resolve a suit alleging the company failed to verify that retirement plan funds in an employee 401(k) were evaluated properly.

  • June 17, 2024

    CFPB Reaches $7M Deal In Suit Over Ex-Exec's Money Moves

    The Consumer Financial Protection Bureau said Monday that it will accept $7 million from a former online loan executive and his wife to resolve a Kansas federal court lawsuit in which the agency accuses them of trying to keep millions more dollars out of the agency's reach.

  • June 17, 2024

    Pastor Tied To NYC Mayor Gets 9 Years For Fraud Conviction

    A clergyman and self-described mentee of New York City Mayor Eric Adams on Monday was sentenced to nine years in federal prison following his conviction at trial for a series of fraudulent real estate and business loans, among other misdeeds.

  • June 17, 2024

    PennyMac 'Shocked' Investors With Post-Libor Fix, Suit Says

    PennyMac's mortgage investment arm has been hit in California federal court with a proposed class action accusing it of using last year's discontinuation of Libor to unfairly and unlawfully lock in a lower dividend for some of its preferred stock, stiffing investors out of millions.

Expert Analysis

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • Unpacking The Latest Tranche Of Sanctions Targeting Russia

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    Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • How Cooperation Contracts Can Ease Disorder In Loan Trades

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    Significant challenges to settling trades can arise when lenders of syndicated bank loans enter into defense-oriented cooperation agreements, which are growing in popularity, but working through these issues on the front end of a trade can save hours down the road, says Robert Waldner at Crowell & Moring.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Next Steps After 5th Circ. Nixes Private Fund Adviser Rules

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    The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Expected Developments From Upcoming Basel Capital Rules

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    With U.S. federal banking regulators preparing to finalize the Basel IV regulatory framework as early as this fall, banks and private investment funds are expected to look to uncommitted facilities as one method to address key changes, including tighter capital requirements, say attorneys at Mayer Brown.

  • Continuation Funds: What You Need To Know

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    As the continuation fund market matures, the structure and terms of these transactions have become increasingly complex, presenting challenges that should be carefully navigated by participants to ensure a successful transaction process, say lawyers at Skadden.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

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