Insights

Filter By:

The Return to Business As Usual for Insider Trading Litigation

A federal appeals court, in U.S. Securities and Exchange Commission v. Christopher Clark, recently reversed a lower court’s decision and remanded the case for a jury trial on civil insider trading claims based on suspicious trading and circumstantial evidence, with no direct proof of wrongdoing by the defendant. With this new ruling, the Securities and…

Client Alerts | March 16, 2023 | Commercial and Corporate Litigation | Regulatory Defense | Risk Management

Rule 10b5-1 Trading Plans Are Not a Free Pass for Insider Trading Schemes

The U.S. Department of Justice (the “DOJ”) and the U.S. Securities and Exchange Commission (the “SEC”) recently brought criminal charges and civil claims for insider trading against Terren S. Peizer (“Peizer”), the Chief Executive Officer and Chairman of the Board of Directors of Ontrak Inc., a publicly traded healthcare company, despite Peizer’s use of a…

Client Alerts | March 14, 2023 | Commercial and Corporate Litigation | Regulatory Defense | Risk Management

To Compete or Not To Compete — the FTC’s New View on Unfair Competition

Non-compete agreements have long been a staple in the employment arena, despite their potentially anti-competitive effect. They are both common and highly controversial. In the best light, they are seen as a means of balancing the employee’s right to seek other employment with the employer’s legitimate interest in protecting itself from unfair competition by a…

Client Alerts | January 17, 2023 | Employment Litigation | Risk Management

Kleinberg Kaplan’s Dov Kleiner quoted in The Wall Street Journal on FTX’s Efforts to Recoup Charitable Donations

Kleinberg Kaplan partner Dov Kleiner was recently quoted in an article in The Wall Street Journal titled “FTX Seeks to Recoup Sam Bankman-Fried’s Charitable Donations.” The article covers the efforts – and related complexities – of FTX’s new management to “claw back” donations made by Sam Bankman-Fried and other FTX executives, as well as by…

Firm News | January 10, 2023 | Digital Assets and Cryptocurrency

Kleinberg Kaplan Announces Partner Promotions

January 3, 2023, NEW YORK – Premier boutique law firm Kleinberg Kaplan announces the promotion of two associates, Moshe Segal and Derek Stueben, to the firm partnership, effective January 1, 2023. Moshe is a member of Kleinberg Kaplan’s Private Funds & Investment Management group and Derek is a member of the firm’s Corporate Transactional &…

FEATURED PUBLICATION | January 3, 2023 | Investment Management | Executive Compensation | Hedge Funds | Private Equity Funds | Digital Assets and Cryptocurrency | Emerging Companies & Venture Capital | Mergers & Acquisitions | Securities and Corporate Finance

Kleinberg Kaplan’s Joshua Bromberg speaks with New York Law Journal about fraud case against FTX Founder

Kleinberg Kaplan partner Joshua Bromberg was recently quoted in the New York Law Journal article “Ellison, Wang Cooperation ‘Bodes Very Badly’ for FTX Founder Sam Bankman-Fried, White-Collar Attorneys Say.” The article covers how the cooperation of former associates Caroline Ellison and Gary Wang might impact the case against FTX founder Sam Bankman-Fried. As quoted in…

Firm News | December 23, 2022 | Creditors’ Rights and Bankruptcy Litigation | Digital Assets and Cryptocurrency

Kleinberg Kaplan’s Christopher Davis quoted in Business Insider and The Deal on Bluebell activist action against BlackRock

Christopher Davis, chair of Kleinberg Kaplan’s Investor Activism practice, was recently quoted in the Business Insider article, “The small activist hedge fund taking on BlackRock explains why it wants to oust Larry Fink.” The article details the activist ESG action brought on by Bluebell Capital Partners, a London-based activist hedge fund, against BlackRock, one of…

Firm News | December 14, 2022 | Investor Activism

Kleinberg Kaplan Partners Quoted Extensively in Media in Wake of FTX Collapse

Kleinberg Kaplan Partners Jared Gianatasio, Matthew Gold and Dov Kleiner have been quoted extensively in the press in the wake of the FTX collapse and the related fallout. In The American Lawyer article “For Crypto Attorneys, FTX Bankruptcy Is a ‘Black Swan Event,’” Jared Gianatasio considers how the downfall of FTX may lead to increased…

Firm News | November 21, 2022 | Digital Assets and Cryptocurrency | Creditors’ Rights and Bankruptcy Litigation | Business Restructuring and Reorganization

Introducing Rep & Warranty Insurance to Section 363 Sales

As inflation and interest rates rise, many businesses begin to restructure their balance sheet, which will, in many cases, include selling assets. When a distressed sale is carried out under bankruptcy court supervision, it is called a Section 363 Sale. Since the last down-market cycle when Section 363 Sales were more plentiful, a form of private third-party…

Client Alerts | October 24, 2022 | Business Restructuring and Reorganization | Mergers & Acquisitions