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Banking
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November 04, 2024
Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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November 04, 2024
Justices Skip TM Challenge To BofA's Virtual Assistant 'Erica'
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that found Bank of America Corp. did not infringe a movie website owner's trademark with its virtual financial assistant "Erica."
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November 04, 2024
Justices Nix Ex-Adviser's Manifest Disregard Challenge
The U.S. Supreme Court on Monday turned away a petition asking it to resolve whether the Eleventh Circuit wrongly nixed an ex-Morgan Stanley financial adviser's bid to vacate an arbitral award favoring his former employer on the grounds that the panel manifestly disregarded the law.
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November 01, 2024
USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight
U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.
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November 01, 2024
NJ Man Cops To Russian Scheme To Smuggle US Tech
A dual U.S.-Russian national accused of scheming to smuggle sensitive, American-made technology to further Russia's weapons development pled guilty on Friday to conspiracy charges in New York federal court, according to prosecutors.
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November 01, 2024
Suit Calls School Lunch Pay Processors Junk Fee 'Bullies'
Three parents filed a proposed class action in New Jersey federal court alleging consumer fraud against a major school lunch payment processor, saying it has misrepresented the purpose of the "junk fees" it charges for electronic transactions that are imposed on families mostly just for profit.
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November 01, 2024
5th Circ. Punts On Bid To Stay CFPB Small Biz Rule
The Fifth Circuit said it won't immediately start tolling compliance deadlines for the Consumer Financial Protection Bureau's small business lending data collection rule and will reserve judgment on whether to stay the rule pending an appeal by the bank trade groups challenging it.
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November 01, 2024
CFPB Inks Deal With Townstone Over Redlining Claims
The Consumer Financial Protection Bureau informed an Illinois federal court on Friday that it has reached a settlement with Townstone Financial resolving its redlining claims against the mortgage lender.
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November 01, 2024
Law Profs Urge Del. Reversal Of Chancery's Moelis Ruling
Four prominent law professors have weighed in with an amicus brief on the side of a Delaware Supreme Court appeal seeking to reverse a Court of Chancery ruling earlier this year that struck down a company charter amendment ceding some corporate governance rights to the business' founder.
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November 01, 2024
CFPB Fines VyStar $1.5M For 'Botched' Web Platform Rollout
The Consumer Financial Protection Bureau has fined VyStar Credit Union $1.5 million for an alleged "botched" rollout of a new online banking platform that made it hard for members to perform basic banking functions for weeks, with some features unavailable for more than six months.
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November 01, 2024
Cross River Bank Drops Contract Suit Against Fintech Biz
Cross River Bank on Friday voluntarily dropped its suit against First Data Merchant Services LLC over the payment processor's alleged attempt to "wriggle" its way out of a contract to save itself from paying nearly $4 million in commissions for the bank's referrals to customers, including Coinbase.
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November 01, 2024
Capital One Says CFPB Eyeing Case Over Savings Accounts
The Consumer Financial Protection Bureau is considering whether to pursue an enforcement action against Capital One over the interest rates it pays on high-yield savings accounts that are the subject of ongoing class action litigation, the financial services company said.
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November 01, 2024
Danish Tax Agency To Settle With Atty In $2.1B Tax Fraud Suit
Denmark's tax authority has agreed to settle with an attorney whom it has accused of helping clients claim fraudulent tax refunds in a sprawling $2.1 billion case, according to a letter by its attorney in New York federal court.
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November 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.
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November 01, 2024
MVP: Paul Weiss' Staci Yablon
Paul Weiss Rifkind Wharton & Garrison LLP's Staci Yablon provided ace counsel to Goldman Sachs that helped it beat back class certification in a sprawling interest-rate swaps antitrust case, deal a major blow to a New Mexico case involving credit default swaps and clinch a win against U.S. government bond-rigging claims, landing her a spot as one of the 2024 Law360 Banking MVPs.
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November 01, 2024
Pillar Aught, Kilpatrick Guide $127M Pa. Bank Merger
Pillar Aught and Kilpatrick Townsend & Stockton LLP are guiding a roughly $127 million all-stock merger of two Pennsylvania community banks, Mid Penn Bancorp Inc. and William Penn Bancorporation, the banks announced Friday.
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October 31, 2024
Ex-Goldman Exec Says 1MDB Judge Thwarted His Defense
Former Goldman Sachs executive Roger Ng on Thursday told the Second Circuit that his trial defense over the massive $6.5 billion 1MDB scheme was marred by the wrongful exclusion of video evidence that supported his claim that $35 million he received in alleged kickbacks was actually investment proceeds.
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October 31, 2024
Berkshire Bank Escapes Claims It Aided $90M Ponzi Scheme
A New York federal judge on Thursday freed Berkshire Bank from a proposed class action that alleged it helped a local businessman's $90 million Ponzi scheme for roughly a decade, saying an investor in a fund central to the scheme didn't show the bank had actual knowledge of the fraud.
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October 31, 2024
2nd Circ. Draws BDO Back In Investor Suit In Revised Opinion
The Second Circuit on Thursday reversed course in an amended opinion about an investor suit over financial restatements made by AmTrust Financial Services Inc., finding that auditor BDO USA LLP is not off the hook for certifying the insurer's financial statements.
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October 31, 2024
Hinshaw Sees Fintech Pro Rejoin Firm From Ballard Spahr
Hinshaw & Culbertson LLP on Thursday said a former partner has returned to the firm's consumer financial services practice in Los Angeles after two years at Ballard Spahr.
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October 31, 2024
JPMorgan To Pay $151M To Resolve SEC Disclosure Claims
The U.S. Securities and Exchange Commission announced Thursday that two JPMorgan Chase & Co. affiliates agreed to pay $151 million to resolve five separate enforcement actions over a number of allegations, including making misleading disclosures to investors and failing to make recommendations in the best interest of customers.
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October 31, 2024
Latham Hit With Sanctions In Banc Of California Securities Suit
A California federal judge found Latham & Watkins LLP and its ex-client, former Banc of California CEO Steven A. Sugarman, in civil contempt for "flagrant violations" of a protective order covering discovery produced by investment firm Muddy Waters Capital in a securities fraud class action, according to an order unsealed this week.
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October 31, 2024
Feds: No 'Willfulness' Needed In Texas AG-Tied Investor Case
Federal prosecutors asked a Texas federal judge to reject an attempt by an investor at the center of the failed impeachment of Texas Attorney General Ken Paxton to toss the fraud case, saying Wednesday that "willfulness" isn't needed for a conspiracy to commit wire fraud conviction.
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October 31, 2024
NY Court Urged To Reject 'Audacious' Shareholder Test Cases
Leading business groups have come to the aid of Bayer AG and Barclays PLC as the companies seek to fend off a pair of "audacious" test cases that have landed in New York's highest court, with the groups arguing that allowing the lawsuits to move forward would flood the state court with derivative lawsuits against foreign companies and overturn decades of precedent.
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October 31, 2024
Warren Says DOJ's 'Legal Gymnastics' Let TD Bank Off Easy
U.S. Sen. Elizabeth Warren, D-Mass., pressed Attorney General Merrick Garland on Thursday over what she characterized as a lax settlement agreement for TD Bank earlier this month and the Justice Department's "legal gymnastics" that left top bank executives off the hook.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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A Look At Recent Case Law On Expedited Judgment In NY
A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.
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Series
A Day In The In-House Life: Best Egg CLO Talks Power Of Prep
On a typical Monday in her life, Best Egg Chief Legal Officer Amy Thoreson Long chronicles a remote workday in which she makes time for everything from getting ahead on regulatory issues and researching recent Supreme Court decisions to dog walks and podcast breaks.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Series
In The CFPB Playbook: No Lazy, Hazy Days Of Summer
The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.
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Payward And The Secondary Crypto Transaction Confusion
Following orders in cases against Coinbase and Binance, the recent California federal court ruling in U.S. Securities and Exchange Commission v. Payward raises even more questions about regulation of secondary transactions involving crypto-assets, as it tries to sidestep fundamental flaws in the SEC's legal theories, say attorneys at Cahill Gordon.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.