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California banking regulators on March 10 closed Silicon Valley Bank in the largest U.S. bank failure since the 2008 financial crisis. Kurt Gwynne, an attorney for the FDIC as receiver for Silicon Valley Bank, disputed at Tuesday's hearing that regulators had done anything improper. Destroyed SVB (Silicon Valley Bank) logo is seen in this illustration taken March 13, 2023. Glenn said he was prepared to allow SVB Financial to use up to $100 million for investment activity. Silicon Valley Bank was SVB Financial's largest asset, accounting for more than $15.5 billion of SVB Financial's $19.7 billion in total assets.
[1/2] Tesla vehicles are shown at a Tesla service center in San Diego, California, U.S., January 13, 2023. At Tuesday's closing arguments in a Delaware court, a judge pressed lawyers representing Tesla directors and the investor challenging Musk's pay over whether the company's explosive growth outweighed misleading disclosures about the pay plan in 2018. The pay package contributed to Musk's fortune, the world's second-largest, and has no comparison in the world of executive pay. Tesla investor Richard Tornetta sued Musk and the board in 2018, arguing it unjustly enriched Musk and should be voided. Attorneys for the Tesla directors argued that Tornetta never challenged the main details of the proxy that described the plan, such as the goals Musk had to meet.
[1/2] Tesla vehicles are shown at a Tesla service center in San Diego, California, U.S., January 13, 2023. REUTERS/Mike BlakeCompanies Tesla Inc FollowWILMINGTON, Del, Feb 21 (Reuters) - Lawyers for Elon Musk and a Tesla Inc (TSLA.O) investor will make closing arguments on Tuesday in a trial over his $56 billion pay package and whether it fueled the electric carmaker's growth or improperly subsidized Musk's dream of one day traveling to Mars. The arguments follow a five-day trial in November that featured testimony from the Tesla chief executive about the origins of the 2018 pay package and whether its performance goals were difficult to achieve and accurately described to investors. Musk, who founded rocket company SpaceX, admitted during his testimony that his pay package provided funds he would use to finance interplanetary travel. His lawyers also argued the pay plan benefited shareholders by increasing the value of their stock 10 times.
The 51-year-old Fulton County district attorney will need that kind of tenacity if she decides to bring criminal charges against Trump, who is seeking the 2024 Republican presidential nomination. Willis, a Democrat, has taken an aggressive approach in the Trump investigation, subpoenaing some of his allies including Republican U.S. "It doesn't matter if you're rich, poor, Black, white, Democrat or Republican," Willis, who is Black, told CNN last year. Trump, who in November announced another run for the presidency in 2024, has denied wrongdoing and has called Willis a "Radical Left Prosecutor." To assist with the Trump investigation, Willis retained private Atlanta lawyer John Floyd, who wrote a guide on prosecuting state racketeering charges and worked with Willis on the teacher case.
That would be the kind of tenacity Willis, 51, would need if she decides to bring criminal charges against the Republican former president. Willis, a Democrat, has taken an aggressive approach in the Trump investigation, subpoenaing some of his allies including Republican U.S. To assist with the Trump investigation, Willis retained private Atlanta lawyer John Floyd, who wrote a guide on prosecuting state racketeering charges and worked with Willis on the teacher case. Willis told a judge on Jan. 24 that a decision on whether to bring criminal charges was "imminent" after a special grand jury completed its work. Portions of the grand jury's report are expected to be publicly released on Thursday, though any recommendations on criminal charges will remain sealed for now.
Jan 30 (Reuters) - A U.S. appeals court on Monday shot down Johnson & Johnson's (JNJ.N) attempt to offload tens of thousands of lawsuits over its talc products into bankruptcy court. The appeals court ruling revives those lawsuits. Monday's decision by the U.S. 3rd Circuit Court of Appeals in Philadelphia dismissed the bankruptcy filed by the J&J subsidiary in 2021. The appeals court decision could force companies considering the strategy to more carefully consider its risks, two legal experts said. The Texas two-step has garnered criticism from Democratic lawmakers in Washington, and inspired proposed legislation that would severely restrict the practice.
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Prior to Monday's agreement, judicial appointments were limited to the two major parties. He argued the major party requirement violated his right to free association under the First Amendment to the U.S. Constitution. The bare majority requirement still applies, but now that majority could consist of independents. Governor John Carney, a Democrat, had argued that the state's courts are trusted by business leaders because of the balance guaranteed by the "bare majority" rule. Reporting by Tom Hals in Wilmington, Delaware; editing by Deepa BabingtonOur Standards: The Thomson Reuters Trust Principles.
WILMINGTON, Del., Jan 25 (Reuters) - Shareholders can sue McDonald Corp's (MCD.N) former global chief people officer for the damage they claim he caused to the restaurant chain by allegedly allowing a culture of sexual harassment to flourish, according to a groundbreaking legal ruling. An attorney for shareholders declined to comment and McDonald's did not immediately respond to a request for comment. Shareholders are suing Fairhurst on behalf of McDonald's in what is known as a derivative lawsuit. Fairhurst became the global chief people officer soon after Stephen Easterbrook was named chief executive officer. Reporting by Tom Hals in Wilmington, Delaware; Editing by Bradley PerrettOur Standards: The Thomson Reuters Trust Principles.
Companies Tesla Inc FollowTwitter Inc FollowJan 23 (Reuters) - Tesla Chief Executive Elon Musk will take the witness stand again on Monday, as he defends himself against fraud claims that he lied when he tweeted in 2018 that he had funding to take the electric carmaker private. Millions of dollars are at stake as well as the reputation of Musk, whose personal stature is a central asset of the Tesla brand. The trial will test whether Musk's penchant for taking to Twitter to air his sometimes irreverent views misleads investors and damages the value of the company. Shareholders claim they lost millions after Musk tweeted that he had "funding secured" to take Tesla private. The defendants include current and former Tesla directors, whom Spiro said had "pure" motives in their response to Musk's plan.
Musk, who is expected to be called as a witness in San Francisco federal court this week, has built a cult-like following for his irreverent humor, marketing skills and vision. Legal experts said a jury trial can turn on a key witness and the attorney who questions Musk needs to establish control, minimizing Musk's ability to use his charisma. In the current case, Musk sat for a daylong deposition in 2021 with lead shareholder attorney Nicholas Porritt. The jury is likely to see the "greatest hits" from that interview, according to trial attorney Renato Mariotti, who is not involved in the case. Reporting by Tom Hals in Wilmington, Del., and Jody Godoy in San Francisco; Editing by Noeleen Walder and Matthew LewisOur Standards: The Thomson Reuters Trust Principles.
An attorney for Musk, as well as Tesla and several directors who are also defendants, declined to comment. Musk surrendered the Tesla chairman position and agreed to let a company lawyer vet some of his tweets. He won a bench trial in Delaware's Court of Chancery last year over claims by Tesla shareholders that he allegedly coerced the Tesla board into buying SolarCity, a rooftop solar panel maker. Tesla shareholders had sought billions in damages and they have appealed. Around half are dismissed for failing to comply with securities law and most of the rest are settled.
Videos of an audience booing Musk during a surprise appearance at a Dave Chappelle show in San Francisco in December were circulated online. Tesla moved its headquarters from the San Francisco area to Texas in 2021. Musk tweeted in August 2018 that he had "funding secured" to take Tesla private, sparking 10 days of volatile trading in its stock shares, bonds and options. Defendants, which also include Tesla and its board at the time, will make their case that Musk was not misleading investors in a material way. Additional reporting by Hyunjoo Jin in San Francisco Editing by Matthew LewisOur Standards: The Thomson Reuters Trust Principles.
The U.S. Commodities Futures Trading Commission has estimated missing customer funds at more than $8 billion. The affiliates -- LedgerX, Embed, FTX Japan and FTX Europe -- are relatively independent from the broader FTX group, and each has its own segregated customer accounts and separate management teams, according to FTX court filings. In part to preserve the value of its businesses, FTX also sought Dorsey's approval to keep secret 9 million FTX customer names. Dorsey allowed the names to remain under wraps for only three months, not six months as FTX wanted. In addition to customer funds lost, the collapse of the company has also likely wiped out equity investors.
Jan 6 (Reuters) - FTX's U.S.-based bankruptcy team have agreed to coordinate with liquidators winding down the crypto exchange's operations in the Bahamas, resolving a dispute that threatened the recovery of what could be billions of dollars in lost funds. FTX’s U.S. bankruptcy team has been at odds with Bahamian officials since November, when competing bankruptcies were filed in the two countries. The Securities Commission of the Bahamas began liquidation proceedings on Nov. 10 against FTX Digital Markets Ltd., the company's Bahamas-based unit. The next day a U.S. Chapter 11 proceeding was filed in Delaware, which included more than 100 FTX entities including FTX Trading and crypto hedge fund Alameda Research. Bahamian regulators have seized FTX assets, which officials said was meant to safeguard assets that will ultimately be returned to creditors of FTX Digital Markets.
[1/3] The logo of Robinhood Markets, Inc. is seen at a pop-up event on Wall Street after the company's IPO in New York City, U.S., July 29, 2021. REUTERS/Andrew KellyJan 4 (Reuters) - U.S. prosecutors are in the process of seizing shares of Robinhood Markets Inc (HOOD.O) tied to Sam Bankman-Fried, who has been charged with fraud in the collapse of the FTX cryptocurrency exchange, a U.S. attorney told a judge on Wednesday. He said the Robinhood shares were subject to litigation and it was an "open question" about who owns them. The Robinhood stock, worth about $465 million at Wednesday's late afternoon price of $8.30 per share, is also being claimed by BlockFi Inc, another bankrupt crypto firm. BlockFi is suing Emergent in a bid to seize the Robinhood stock, which was pledged by Alameda as collateral to guarantee repayment of a loan made by BlockFi.
[1/3] The logo of Robinhood Markets, Inc. is seen at a pop-up event on Wall Street after the company's IPO in New York City, U.S., July 29, 2021. The Department of Justice did not believe the 56 million shares of Robinhood, worth about $465 million, were property of a bankruptcy estate, U.S. attorney Seth Shapiro told U.S. Bankruptcy Judge John Dorsey, who is overseeing the FTX bankruptcy. Bankrupt crypto firm BlockFi, FTX and liquidators in Antigua have all laid claim to the Robinhood stock, along with Bankman-Fried. He said the Robinhood shares were subject to litigation and it was an "open question" about who owns them. BlockFi is suing Emergent in a bid to seize the Robinhood stock, which was pledged by Alameda as collateral to guarantee repayment of a loan made by BlockFi.
Dec 27 (Reuters) - FTX customers filed a class action lawsuit against the failed crypto exchange and its former top executives including Sam Bankman-Fried on Tuesday, seeking a declaration that the company's holdings of digital assets belong to customers. The proposed class, which wants to represent more than 1 million FTX customers in the United States and abroad, seeks a declaration that traceable customer assets are not FTX property. The customer class also wants the court to find specifically that property held at Alameda that is traceable to customers is not Alameda property, according to the complaint. The lawsuit seeks a declaration from the court that funds held in FTX U.S. accounts for U.S. customers and in FTX Trading accounts for non-U.S. customers or other traceable customer assets are not FTX property. If the court determines it is FTX property, then the customers seek a ruling that they have a priority right to repayment over other creditors.
Law firms Davis Polk & Wardwell LLP FollowDec 27 (Reuters) - Sam Bankman-Fried's criminal case over the collapse of his FTX cryptocurrency exchange has been reassigned to a judge recently known for handling defamation lawsuits against former U.S. President Donald Trump and a sexual abuse lawsuit against Britain's Prince Andrew. U.S. District Judge Lewis Kaplan replaces his colleague Ronnie Abrams, who recused herself on Friday after learning that the law firm Davis Polk & Wardwell, where her husband is a partner, advised FTX in 2021. Trump has sought the dismissal of both lawsuits, including a battery claim. Kaplan also recently oversaw Virginia Giuffre's civil lawsuit accusing Prince Andrew of sexually abusing her when she was 17 at the London home of Ghislaine Maxwell, the now-convicted former associate of late sex offender Jeffrey Epstein. Reporting by Tom Hals in Wilmington, Delaware and Jonathan Stempel in New York; Editing by Chizu Nomiyama and David GregorioOur Standards: The Thomson Reuters Trust Principles.
Ellison and FTX co-founder Gary Wang both pleaded guilty and are cooperating with prosecutors as part of their plea agreements. Roos said Bankman-Fried carried out a "fraud of epic proportions" that led to the loss of billions of dollars of customer and investor funds. Bankman-Fried has acknowledged risk-management failures at FTX but said he does not believe he has criminal liability. A flurry of customer withdrawals in early November amid concerns about commingling of FTX funds with Alameda prompted FTX to declare bankruptcy on Nov. 11. Bankman-Fried was arrested in the capital Nassau on Dec. 12 and arrived in the United States on Wednesday after consenting to extradition.
If Celsius deposits are determined to belong to customers, users are far more likely to get their assets returned. Crypto companies typically offer a variety of accounts and they will likely be treated differently in bankruptcy. BlockFi, which is at the beginning of its own bankruptcy case, also offers both interest-bearing and custody accounts. 'WORSE THAN BANKS'Courts will also have to look beyond the user agreements and examine how crypto companies actually handled the deposits, according to bankruptcy specialists. “This is going to have enormous influence on crypto companies and crypto customer behavior."
Jones filed for Chapter 11 protection from creditors with the U.S. bankruptcy court in Houston, a court filing showed. The filing said Jones has between $1 million and $10 million of assets and between $1 billion and $10 billion of liabilities. In October, a Connecticut jury in a case brought by relatives of more than a dozen Sandy Hook victims ordered Jones and Free Speech Systems, the parent company of Infowars, to pay nearly $1 billion in damages. Jones claimed for years that the 2012 killing of 20 students and six staff members at Sandy Hook Elementary School in Newtown, Connecticut, was staged with actors as part of a government plot to seize Americans’ guns. In addition to the $1 billion compensatory damages, Jones was ordered to pay $473 million in punitive damages in the Connecticut case.
WILMINGTON, Del, Nov 23 (Reuters) - Adult sexual abuse victims in New York will get an opportunity to sue over decades-old allegations beginning Thursday when a law revives a range of cases including ones against hospitals, Wall Street banks and former U.S. President Donald Trump. New York's Adult Survivors Act creates a one-year period when victims can file lawsuits that otherwise would have been barred because the case was too old. It was modeled on the state's Child Victims Act that revived old claims over child sex abuse and led to thousands of lawsuits against schools, churches and youth organizations. The number of adult cases is likely to be lower than cases involving children, said Jeff Herman, an attorney who represents victims of sexual abuse. One challenge for adult abuse cases is determining consent, said Herman.
[1/2] Elon Musk, Chief Executive Officer (CEO) of SpaceX, Tesla and Twitter, arrives for a trial about his Tesla pay package at the Delaware Court of Chancery in Wilmington, Delaware, U.S., November 16, 2022. "The amount of pain, no words can express," Musk testified on Wednesday. The package allows Musk to buy 1% of Tesla's stock at a deep discount each time escalating performance and financial targets are met. "It wasn't a knock-down, drag-out affair," Todd Maron testified about the pay talks in 2017 when he was general counsel. You could almost make an argument they didn't pay him enough because he ran off after Twitter."
- Ray said he had secured $740 million in cryptocurrency, a "fraction" of what he hopes to recover during the bankruptcy. Bankman-Fried and his co-founders failed to identify wallets that might contain FTX assets, he added. - Record keeping was so lax that Ray said he was unable to compile a complete list of FTX employees. - The second silo is Alameda Research LLC, which Ray described as a crypto hedge fund owned by Bankman-Fried and Wang with assets of $13.46 billion. - The other silos were Ventures, which manages private investments and had around $2 billion in assets, and Dotcom, which owned non-U.S. exchanges with $2.25 billion in assets.
Nov 16 (Reuters) - Elon Musk said on Wednesday he expected to reduce his time at Twitter and eventually find a new leader to run the social media company, adding that he hoped to complete an organizational restructuring this week. read moreTesla investors have been increasingly concerned about the time that Musk is devoting to turning around Twitter. "There's an initial burst of activity needed post-acquisition to reorganize the company," Musk said in his testimony. "But then I expect to reduce my time at Twitter." Musk also admitted that some Tesla engineers were assisting in evaluating Twitter's engineering teams, but he said it was on a "voluntary basis" and "after hours."
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