Banking

  • August 06, 2024

    Atty Rips Lawyer's Suit Over $30K Law School Loan Judgment

    A Florida employment lawyer's "absurdly long" federal complaint alleging his onetime romantic partner and her attorneys conspired with a Wells Fargo consultant to concoct a vexatious lawsuit against him should be trimmed, one defendant argued Tuesday, noting that an underlying judgment was entered against the plaintiff.

  • August 06, 2024

    Mich. Judge OKs FTC's Deal With Credit Repair Businesses

    Several credit repair companies agreed to turn over about $12 million and either exit the credit repair industry or stop claiming their products can clean up negative credit histories to resolve Federal Trade Commission allegations that they scammed consumers.

  • August 06, 2024

    DC Circ. Urged To Revive Investor's Pandemic-Era Losses Suit

    An investor vying to hold Bank of America liable for losses he sustained at the height of the COVID-19 pandemic told the D.C. Circuit that a trial court judge prematurely tossed his suit claiming that the bank failed to explain the risks of cashing out his investments.

  • August 06, 2024

    MoneyGram To Settle Fired Worker's FMLA Retaliation Suit

    MoneyGram agreed to settle a former employee's suit claiming she was fired for taking medical leave to treat a stomach illness, according to a Texas federal court filing.

  • August 05, 2024

    Epstein's Advisers Must Face Victims' Proposed Class Action

    A New York federal judge on Monday refused to throw out a putative class action against associates of Jeffrey Epstein, yet also held that one of the victims couldn't pursue her claims in a 2021 liability release that is "about as broad and categorical as it gets."

  • August 05, 2024

    CFPB's Buy-Now, Pay-Later Policy In House GOP Crosshairs

    Republican members of Congress have taken aim again at the Consumer Financial Protection Bureau's recent guidance requiring that some of the protections provided to credit card users be applied to buy-now, pay-later loans, putting forward a new measure that would overturn what the lawmakers argue is a "destructive," overreaching policy.

  • August 05, 2024

    Payment Processor And Bank Defrauded Merchants, Suit Says

    Payment processor Paynetworx LLC and its partner bank Pathward Financial Inc. have been hit with a suit by two merchants who say the payment company and the bank misrepresented fees and their compliance with card network rules, causing the merchants to make millions in unnecessary and improper payments.

  • August 05, 2024

    Coinbase Broke Campaign Finance Laws, Crypto Critics Say

    Crypto exchange Coinbase violated campaign finance laws when it donated $25.5 million to political action committees while negotiating a federal contract, prominent crypto critics told a federal election watchdog — a claim the firm's legal chief has staunchly denied.

  • August 05, 2024

    Wis. Bank Settles Tribal Group's Bias Suit Over Peyote Use

    A local Wisconsin bank and Native American company Medicine Fireplace have jointly told a federal judge they've resolved a lawsuit claiming that the financial institution denied service to the nonprofit firm, whose members use the hallucinogenic peyote plant in their religious ceremonies.

  • August 05, 2024

    Morgan Stanley Says SEC Eyeing Its Cash Sweep Policies

    Morgan Stanley told investors on Monday that it is fielding enforcement inquiries from the U.S. Securities and Exchange Commission about its investment account cash sweep policies.

  • August 05, 2024

    Indivior Accused Of Overstating Prospects Of 3 Opioid Drugs

    Drugmaker Indivior PLC has been hit with a proposed investor class action in Virginia federal court over claims it overstated the financial prospects of its drugs used to treat opioid use disorders and the company's ability to forecast such financial projections.

  • August 05, 2024

    EarnIn's Fees, Tips Are Usurious, Ga. Consumers Say

    Pay advance app EarnIn has been hit with a proposed class action alleging its optional fees and tips are hidden interest payments that, on average, far exceed fair rates for consumer lending.

  • August 05, 2024

    SEC, Other Regulators Propose Joint Data Standards

    The U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the Consumer Financial Protection Bureau and six other regulators are crafting joint standards required by bipartisan legislation aiming to modernize the collection and publication of those agencies' financial data, the SEC announced Friday.

  • August 05, 2024

    Full Fed. Circ. Won't Eye Ruling Clarifying Foreign Damages

    The full Federal Circuit declined Monday to review a decision that clarified how to apply a 2018 U.S. Supreme Court ruling on foreign damages in patent cases while rejecting Trading Technologies' bid to increase a $6.6 million verdict it won against IBG LLC.

  • August 05, 2024

    BofA Can't Get 4th Circ. To Look At Collective Cert. Process

    A collective of mortgage loan officers seeking unpaid overtime won't land in front of the Fourth Circuit, a North Carolina federal judge ruled Monday, turning down Bank of America's bid to sort out which method to use for certifying collectives.

  • August 05, 2024

    SVB Ex-Parent's Ch. 11 Plan OK'd With $1.9B FDIC Fight Alive

    Silicon Valley Bank's former owner received a New York bankruptcy court's blessing to liquidate and emerge from Chapter 11, but the judge rejected portions of the plan that federal regulators argued would hamper their defense against SVB Financial Group's efforts to recoup some $1.9 billion seized by an FDIC receiver when the bank collapsed.

  • August 05, 2024

    Ex-Credit Union VP Sues Over Pot Compliance Firing

    A former vice president of a Missouri credit union has hit the institution with a federal lawsuit claiming her former employer violated state whistleblower and federal money laundering laws after she refused to open accounts for her boss's friends in marijuana-related businesses despite pressure from the boss.

  • August 05, 2024

    Sen. Urges CFPB To Investigate Banks' Zelle Dispute Practices

    U.S. Sen. Richard Blumenthal, D-Conn., has urged the Consumer Financial Protection Bureau to investigate the nation's three largest banks and the operator behind payments network Zelle after he said the firms gave "circuitous answers" to lawmakers during a hearing on their handling of fraud and dispute resolutions on the platform.

  • August 05, 2024

    Catching Up With Delaware's Chancery Court

    Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.

  • August 05, 2024

    USAA Agrees To $64M Settlement In Military Borrower Suit

    USAA Federal Savings Bank will pay $64.2 million to end a proposed class action alleging it flouted federal laws protecting military borrowers, according to newly filed settlement documents in North Carolina federal court.

  • August 05, 2024

    Dems Urge CFTC To Finalize Elections Trading Ban

    A group of Democratic lawmakers urged the U.S. Commodity Futures Trading Commission on Monday to finalize and implement its proposed rule to ban trading on the outcome of elections.

  • August 02, 2024

    JPMorgan Says CFPB May Bring Enforcement Case Over Zelle

    JPMorgan Chase & Co. said Friday the Consumer Financial Protection Bureau may lodge an enforcement action against the bank over the peer-to-peer payment platform Zelle, which has been chided as a vehicle for scammers, and that the bank may consider litigating the matter.

  • August 02, 2024

    CFPB Takes Fintech Flak Over Credit Card-Like BNPL Policy

    The Consumer Financial Protection Bureau is facing fresh industry pushback to its guidance that aims to extend more credit card-like protections to the fintech-dominated market for buy-now, pay-later loans, with key providers arguing it is trying to squeeze a square peg into a round hole.

  • August 02, 2024

    CFPB, NY Say Complaint Updates Aren't Unfair To MoneyGram

    The Consumer Financial Protection Bureau and the New York Attorney General's Office fired back on Friday at MoneyGram's assertions that it'd be "futile" for the agencies to tweak their lawsuit against the remittance service provider, saying "there are no pleading deficiencies to cure" in their initial complaint.

  • August 02, 2024

    Dems Launch Bill To Expand Zelle, Venmo Fraud Protections

    U.S. Senate and House Democrats on Friday proposed revisions to the Electronic Fund Transfer Act aimed at bolstering protections for consumers who fall victim to scams perpetrated by means such as mobile wallets, payment apps and wire transfers.

Expert Analysis

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Evolving Regulatory Oversight For AI And Asset Management

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    Attorneys at K&L Gates discuss the evolving regulatory and legislative landscape for artificial intelligence in the asset management industry, as the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission and Congress consider how to address potential investor protection and systemic risks associated with AI.

  • Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions

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    Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.

  • New Russia Sanctions Law: Bank Compliance Insights

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    Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.

  • Series

    A Day In The In-House Life: Block CLO Talks Problem-Solving

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    Amid the busy summer months, Block Inc. Chief Legal Officer Chrysty Esperanza chronicles a typical Wednesday where she conquered everything from unexpected fintech regulatory issues and team building to Bay Area commutes and school drop-off.

  • 7th Circ. Ruling Expands CFPB Power In Post-Chevron Era

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    The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Jarkesy's Impact On SEC Enforcement Will Be Modest

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    Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Tips For Lenders Offering Texas Home Equity Lines Of Credit

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    As interest in home equity lines of credit increases, lenders seeking to utilize such products in Texas must be aware of state-specific requirements and limitations that can make it challenging to originate open-end lines of credit on homestead property, says Tye McWhorter at Polunsky Beitel.

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