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Banking
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
NC Woman Admits To Role In $5M Student Loan Fraud
A North Carolina woman has admitted she conspired to commit wire fraud as part of a more than $5 million theft from the federal student loan aid program, a fraud that the U.S. Department of Justice said she organized with more than 70 "straw students."
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February 27, 2025
Davis Polk, Kirkland Steer Rithm Capital SPAC's $200M IPO
Special purpose acquisition company Rithm Acquisition Corp., which plans to merge with a company in the financial services or real estate sector, began trading on Thursday after pricing a $200 million initial public offering.
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February 27, 2025
Winklevoss Twins Say SEC Crypto Probe Over, Attys Must Go
The founders of crypto exchange Gemini are calling on the U.S. Securities and Exchange Commission to fire and publicly call out staff members who worked on crypto enforcement cases under the Biden administration as they announced that the agency has dropped its investigation into the company.
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February 27, 2025
More CFPB Attys Departing Amid Agency Uncertainty
Two more Consumer Financial Protection Bureau litigators are leaving the agency as it faces uncertainty due to the new presidential administration, including an attorney who has been with the agency since its creation in 2011.
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February 27, 2025
CFPB Pulls Plug On Rocket Homes Kickback Suit
The Consumer Financial Protection Bureau has abandoned a lawsuit accusing Rocket Homes of offering kickbacks to brokers and agents who referred homebuyers to Rocket Mortgage, one of several enforcement actions the agency abruptly dismissed on Thursday.
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February 27, 2025
Carolinas Law Firm Hit With Suit Over 2024 Data Breach
Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.
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February 27, 2025
CFPB Drops Suits Against Capital One, Rocket Homes, More
The Consumer Financial Protection Bureau on Thursday permanently dropped several lawsuits, including ones against Capital One, a Rocket Mortgage affiliate, a major student loan servicer and the finance arm of a Berkshire Hathaway-owned mobile home builder.
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February 26, 2025
Bank Directors Back Ex-Rabobank Exec's High Court Bid
A bank director advocacy group has urged the U.S. Supreme Court to take up a former Rabobank compliance chief's challenge against the Office of the Comptroller of the Currency, arguing the agency engages in a practice of "regulation-by-dismissal" to the detriment of the banking industry.
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February 26, 2025
Trump's CFPB Pick Says Agency's 'Past Excesses' Must End
President Donald Trump's nominee to run the Consumer Financial Protection Bureau will tell senators on Thursday that a "crisis of legitimacy" plagues the beleaguered agency, casting it as an out-of-control regulator that needs to be brought to heel.
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
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February 26, 2025
Trump CFTC Shifts Enforcement Stance From Stick To Carrot
In a sign that it is backing off a more aggressive tone on enforcement during the second Trump administration, the U.S. Commodity Futures Trading Commission has provided what it says is first-of-its-kind guidance on how much money regulated entities can expect to save for cooperating with agency investigations.
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February 26, 2025
Debt Collectors Accused Of Preying On Fla. Military Members
Two debt collectors operating in Florida are accused of repeatedly violating the Fair Debt Collection Practices Act by filing lawsuits to collect consumer debt from military service members after the statutes of limitation expired on claims, according to a proposed class action filed Wednesday in federal court in Jacksonville.
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February 26, 2025
Capital One Can't Delete Suit Over 'Refer A Friend' Texts
Capital One cannot slip a lawsuit accusing it of violating a state ban on unsolicited texts with advertisements by encouraging customers to send "refer a friend" messages, with a Washington federal judge telling the company its consent notice was not good enough.
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February 26, 2025
Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused
A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.
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February 26, 2025
GOP-Led House Panel Pushes Easier Rules On Capital Raising
A U.S. House of Representatives subcommittee invited input Wednesday on a slew of deregulatory bills that seek to ease rules governing private and public securities offerings, drawing plaudits from the Republican majority and mixed responses from Democrats.
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February 26, 2025
Banks' Fight Over CFPB Open Banking Rule Put On Pause
A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.
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February 26, 2025
Top Dem Urges Trump To Leave Independent Agencies Alone
The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.
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February 26, 2025
Defunct Fla. Law Firm Can't Revive Suit Over Theft Case
A Florida state appeals court has refused to revive defunct law firm Glary & Israel PA's malpractice suit against another firm for failing to sue a bank over theft by Glary & Israel's bookkeeper's.
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February 26, 2025
JPMorgan Paying For Lawyers On Both Sides Of Javice Trial
JPMorgan Chase, the bank allegedly duped by Frank founder Charlie Javice into paying $175 million for her education startup, is paying legal fees for defense counsel as well as for lawyers representing prosecution witnesses, according to statements in court Wednesday.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Binance Can't Evade Terror Victims' Suit, But It's Trimmed
The New York federal judge overseeing Hamas attack survivors' claims against Binance and its former CEO said on Tuesday that the defendants can't dodge the suit claiming they aided terrorist groups on a jurisdictional basis, but said some of the plaintiffs are not closely related enough to the victims to bring claims under the Anti-Terrorism Act.
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February 25, 2025
GreenSky Loan Class Action Certified In Calif. Court
A California federal judge has granted class certification to consumers suing GreenSky Inc. over alleged unlawful loan transaction fees, finding that expert analysis showed merchants likely passed these fees onto borrowers, but also granted summary judgment to the lending company on claims related to performance fees over the lack of evidence that consumers had to pay them.
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February 25, 2025
Trump Admin Says 'There Will Continue To Be A CFPB'
The Trump administration denied late Monday that it is planning to eliminate the Consumer Financial Protection Bureau, telling a D.C. federal judge that it had closed the agency's headquarters and benched employees instead partly due to their own "disruptive protests."
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February 25, 2025
FDIC Will No Longer Defend In-House Judges In Bank Suit
The Federal Deposit Insurance Corp. has told a Kansas federal judge that it will no longer defend its use of in-house judges in litigation with a Kansas bank after the U.S. Department of Justice determined that "multiple layers of removal restrictions" for the judges are unconstitutional.
Expert Analysis
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Roundup
Texas Banking Brief
In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in Texas banking regulation and policymaking.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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Preparing For Mexican Drug Cartels' Terrorist Designation
In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.