Expert Analysis

• 3 Ways Agencies Will Keep Making Law After Chevron

  

  The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q2

  

  The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.

• Opinion

  Atty Well-Being Efforts Ignore Root Causes Of The Problem

  

  The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

• Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan

  

  The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.

• Proposed Customer ID Rule Could Cost Investment Advisers

  

  A rule recently proposed by FinCEN and the U.S. Securities and Exchange Commission to make financial advisers collect more customer information parallels an anti-money laundering and counterterrorism rule proposed this spring, but firms may face new compliance costs when implementing these screening programs, say attorneys at Lowenstein Sandler.

• What Passage Of House Crypto Bill Could Mean For Industry

  

  While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.

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  NY Banking Brief: All The Notable Legal Updates In Q2

  

  The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

• 4 Important Events In Bank Regulation: A Midyear Review

  

  The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

• Series

  Skiing And Surfing Make Me A Better Lawyer

  

  The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

• Unpacking The Circuit Split Over A Federal Atty Fee Rule

  

  Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

• In Biz Account Breaches, Look Beyond The Payment Platform

  

  A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.

• Making Plans For BNPL Consumer Protection Compliance

  

  With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.

• Banks As Crypto Custodians May Rest On SEC Bulletin's Fate

  

  Banks' willingness to accept custody of cryptocurrency assets, like the exchange-traded funds approved by the U.S. Securities and Exchange Commission this spring, may hinge on whether a 2022 SEC accounting bulletin directing banks to track customers' digital assets on their balance sheets can survive Congress' attempts to strike it down, says Roger Chari at Duane Morris.

• After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

  

  The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

• Takeaways From Regulators' £61.6M Citigroup Trading Fine

  

  Following the Financial Conduct Authority and Prudential Regulation Authority’s recent significant fining of Citigroup for its catastrophic trading error, and with more enforcement likely, institutions should update their controls and ensure system warnings do not become routine and therefore disregarded, says Abdulali Jiwaji at Signature Litigation.