Banking

  • September 05, 2024

    CFTC Says Ex-Commish's Signature Was Forged For $1.5M Scam

    The Commodity Futures Trading Commission has sued the operator of an unlicensed commodity pool for allegedly targeting dozens of Spanish-speaking immigrants in a $1.5 million Ponzi-like scheme that used a fictitious license containing a counterfeit CFTC seal and a forged commissioner signature to falsely promise investors guaranteed monthly returns.

  • September 05, 2024

    Unconstitutionality Of Transparency Act Clear, 11th Circ. Told

    A small business group and one of its members have told the Eleventh Circuit that an Alabama federal judge correctly ruled that the Corporate Transparency Act is unconstitutional, so there was no need for them to demonstrate that the law fails to pass constitutional muster.

  • September 05, 2024

    KC Chiefs 'Superfan' Gets 17.5 Years For Robberies

    A man widely known as a Kansas City Chiefs superfan nicknamed "ChiefsAholic" was sentenced Thursday to 17 and a half years in prison over charges that he robbed several Midwestern banks and laundered the money through nearby casinos.

  • September 05, 2024

    Texas Bank Ordered To Boost AML Compliance For Crypto Biz

    The Federal Reserve has told a Texas institution to shore up "significant deficiencies" in its risk management and anti-money laundering procedures as they relate to crypto customers, among other concerns.

  • September 05, 2024

    7th Circ. Doubts JPMorgan Traders' Spoofing Appeal

    The Seventh Circuit seemed skeptical Thursday about three former JPMorgan traders' assertion that evidentiary issues surrounding their underlying spoofing trials warrant unwinding their convictions for manipulating the market with fake orders for precious metals.

  • September 05, 2024

    CFPB Flags Rental Price-Fixing As Among FDCPA Concerns

    In a Sept. 5 report to Congress, the Consumer Financial Protection Bureau said rent-setting algorithms of the sort used by RealPage could amount to price-fixing, making efforts to collect on inflated rental debt a violation of federal law.

  • September 05, 2024

    2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit

    The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.

  • September 04, 2024

    Ex-Discover Financial Exec Claims Bias Over Equity Clawback

    A retired Discover Financial Services executive vice president sued the company in Illinois federal court on Wednesday alleging age and gender discrimination, saying she was the only woman to lose over $7 million in unvested equity awards over a credit card misclassification issue for which she wasn't even responsible.

  • September 04, 2024

    FINRA Beats Post-Jarkesy Challenge To Enforcement Powers

    The Financial Industry Regulatory Authority has beaten back a broker's bid to use the U.S. Supreme Court's recent Jarkesy decision to challenge its enforcement regime, after a Pennsylvania federal judge found other high court precedent barred him from hearing the broker's constitutional challenge to the regulator's proceedings.

  • September 04, 2024

    UBS Financial Gets Wrapped Up In Cash Sweep Class Action

    UBS Financial Services has been hit with a proposed class action suit alleging it prioritized its own financial interests and those of its affiliated banks over customers by using its cash sweep program to direct customers' uninvested cash balances into accounts that disproportionately benefited the investment bank.

  • September 04, 2024

    Dynapass Drops Patent Suit Against Bank Of America

    A litigation outfit has agreed to drop its patent infringement allegations against Bank of America, ending a lawsuit in the Eastern District of Texas over the programming behind user-authentication software.

  • September 04, 2024

    Atty Tied To Ponzi Scheme Can't Discharge CFTC Debt

    A Colorado federal judge on Wednesday denied an attorney's request to have his debt to the Commodity Futures Trading Commission discharged after he and others were found liable for $10 million for their roles in a Ponzi scheme.

  • September 04, 2024

    SEC Says $5M Fraud Scheme Targeted Venezuelan-Americans

    A pair of Miami area residents and a company they control have agreed to pay the U.S. Securities and Exchange Commission over $3.25 million to settle affinity fraud allegations involving a purported proprietary automated trading platform they were developing.

  • September 04, 2024

    Judge Says EB-5 Investors, Fund Must Disclose More Info

    An Illinois federal judge told a group of Chinese investors and a development fund on Wednesday they both must provide additional information in a suit accusing the fund of making off with $13.2 million intended for the development of a Hawaii resort.

  • September 04, 2024

    Ex-Lender Says FDIC Can't 'Trap' Him In Dispute Without Trial

    A former small-business financier has doubled down on his push to immediately halt an enforcement proceeding against him filed by the Federal Deposit Insurance Corp., arguing it would be unjust to block his claims after a "sea change" in relevant case law.

  • September 04, 2024

    Fintech Investor Tries To Undo 'Formulistic' Nix Of NCino Suit

    A pension fund invested in financial technology company nCino Inc. urged Delaware's Supreme Court on Wednesday to revive its suit against company directors and investment firm Insight Venture Partners over a $1.2 billion acquisition, arguing the Chancery Court "missed the mosaic for the tiles" by dismissing the case.

  • September 04, 2024

    FINRA Fines Broker-Dealer $900K Over Lax AML Compliance

    Broker-dealer Brex Treasury has agreed to pay $900,000 to settle the Financial Industry Regulatory Authority's claims that it overrelied on automated anti-money laundering compliance software not reasonably designed to meet its needs.

  • September 03, 2024

    WDTX Judge Agrees To Ship Apple E-Wallet Patent Case To Calif.

    An Austin federal judge sent a patent case against Apple to California, finding "especially weighty" the tech giant's assertion that no employees relevant to the e-wallet infringement case brought by a Canadian company are located in the Western District of Texas and most are in the Golden State.

  • September 03, 2024

    8th Circ. Again Scraps Class Cert. For TD Ameritrade Clients

    The Eighth Circuit reversed Tuesday a lower court's ruling certifying a class of TD Ameritrade clients for the second time in a lawsuit alleging the stockbroker routed orders to trading venues that didn't always provide the best execution, rejecting the named plaintiff's new class-wide damages theory based on commissions.

  • September 03, 2024

    Feds Abandon $12M Somali Fraud Case Against Atty

    The U.S. government has dropped its Maryland federal court case against a lawyer who was set for trial this year on charges of misappropriating over $12 million in Somali state assets, citing "pre-trial evidentiary rulings."

  • September 03, 2024

    PE Firm Investors Say False SEC Filings Caused Big Losses

    Private equity firm Migom Global Corp., its subsidiary bank and its CEO have been named in a proposed securities class action alleging they inflated financial statements filed with the U.S. Securities and Exchange Commission to conceal their diversion of tens of millions of dollars in customer deposits to personal ventures.

  • September 03, 2024

    5th Circ. Hesitant To Call Tornado Cash 'Entity'

    A Fifth Circuit panel prodded the U.S. Department of the Treasury's argument that Tornado Cash counts as a corporation-like organization, telling the agency that its reasoning for calling the sanctioned crypto mixer an entity was "slippery" during oral arguments Tuesday.

  • September 03, 2024

    SEC Fines 6 Credit Rating Firms $49M Over Texting Records

    The U.S. Securities and Exchange Commission announced Tuesday that six nationally recognized statistical rating organizations agreed to pay a combined $49 million for failing to preserve electronic communications, the latest wave of settlements in an ongoing crackdown that has yielded billions in fines.

  • September 03, 2024

    Kirkland Brings On Ex-Goldman Sachs Debt Finance Pro In NY

    Kirkland & Ellis LLP said Tuesday it has added an experienced debt finance partner in New York who most recently worked as a managing director for Goldman Sachs, in the firm's latest move to bulk up its structured finance and structured private credit practice.

  • September 03, 2024

    Justices Urged To Revive Movie Site TM Suit Against BofA

    The Tenth Circuit employed "an analysis devoid of context whose conclusions contradicted themselves" when it found Bank of America Corp. had not infringed a movie website owner's trademark with its virtual assistant "Erica," the site owner has told the U.S. Supreme Court.

Expert Analysis

  • Big Banks Face Potential Broader Recovery Plan Rules

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    The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.

  • A Framework For Investigating Commercial Loan Fraud

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    As commercial loan transactions are increasingly subject to sophisticated fraud schemes, lenders must adopt dynamic strategies to detect, investigate and mitigate these schemes, say attorneys at Baker Donelson.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • 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.

  • 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.

  • Considerations For Cooperation Contracts 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.

  • 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.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • 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.

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