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Banking
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January 24, 2025
Coding Boot Camp Seeks Coverage For Tuition Financing Row
A San Francisco-based company that runs coding boot camps said its insurers must defend and indemnify it for federal and state probes and private settlements related to its tuition financing program, telling a California federal court that coverage denials have left the company on the brink of insolvency.
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January 24, 2025
10th Circ. Unsure Exec's Missed Argument Dooms Firing Suit
A Tenth Circuit judge on Friday asked U.S. Bank whether it matters if a former executive knew he had another jurisdictional argument for his wrongful termination claim but failed to pursue it, in an appeal attempting to revive the executive's second suit.
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January 24, 2025
10 AGs Target Major Banks Over DEI, ESG Initiatives
Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.
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January 24, 2025
Banking Group Of The Year: Mayer Brown
Mayer Brown LLP's banking team secured the reversal of a $1 billion verdict against BMO Harris Bank over Thomas Petters' Ponzi scheme, achieved a landmark False Claims Act win for Citibank, and helped BNY Mellon beat claims over a financial crisis settlement, placing the firm among the 2024 Law360 Banking Groups of the Year.
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January 24, 2025
GSA Taps Ex-BlackRock Atty As New GC
The General Services Administration has tapped Russell McGranahan, the former general counsel of Focus Financial Partners who held legal roles at BlackRock and in private practice for almost 30 years, as its next general counsel, according to a Friday announcement.
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January 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Axa Insurance and Admiral face a claim from a former lawyer recently exposed for personal injury fraud, the owner of Reading Football Club sue a prospective buyer and mobile network Lycamobile tackle action by Spanish network Yogio. Here, Law360 looks at these and other new claims in the U.K.
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January 24, 2025
'Secret Plot' Drove Perella Weinberg Split, Judge Hears
A New York state judge heard dueling claims of deception on Friday as counsel for investment banking firm Perella Weinberg and a group of former partners each accused the other of a "secret plot" that violated their partnership agreement, kicking off a trial centering on a sudden split in the firm a decade ago.
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January 24, 2025
Fifth Third, United Accused Of Using Prepaid Cards For Wages
Fifth Third Bank and a slew of other companies, including United Airlines, compensated employees through prepaid cards that required workers to pay fees to get their wages, a worker said in a proposed class action filed in California state court.
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January 24, 2025
FBI 'Bait And Switch' Breached Suspect's Rights, Lawyer Says
FBI agents held an Israeli private investigator accused of hacking climate activists in custody without warning him of his right to remain silent, denying him a fair trial if he is extradited to the U.S., a lawyer testified in London on Friday.
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January 24, 2025
Venture-Backed IPO Recovery Could Be Muted, Report Says
The expected recovery for venture-backed initial public offerings in 2025 will likely be muted, a capital markets research firm said Friday, given investors' persistent concerns about valuation and delayed interest rate cuts that may not happen until midyear.
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January 24, 2025
2 Firms Guide Monte Dei Paschi's €13.3B Mediobanca Bid
Italian lender Monte dei Paschi, said to be the world's oldest bank, launched a €13.3 billion ($14 billion) takeover offer for rival Mediobanca SpA on Friday in the latest move to consolidate Italy's banking sector.
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January 23, 2025
Dems Cite 'Unprecedented Concerns' With Trump Memecoins
U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.
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January 23, 2025
NY Regulator Steps Up Overdraft Fee Fight In CFPB's Wake
New York's Department of Financial Services has proposed new limits on overdraft and insufficient funds fees for banks that it regulates, positioning the state to pick up where the Biden administration left off with efforts to curb so-called junk fees.
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January 23, 2025
Wells Fargo Workers Score Class Cert. In Stock Option Suit
Former employees of Wells Fargo & Co. have received certification for their proposed class in litigation in Minnesota federal court alleging the bank used dividends earned by its employee stock ownership fund to defray its 401(k) matching obligations.
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January 23, 2025
Trump Undoes Biden's AI Safeguards With Executive Order
President Donald Trump on Thursday signed an executive order upending the former Biden administration's consumer and national security safeguards on artificial intelligence, saying former AI policies must be investigated to see if they thwart the new Trump administration's quest to position the U.S. as the "global leader in AI."
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January 23, 2025
Fla. Court Urged To OK $2.75M For Moving Co. Fraud Victims
Two receivers appointed to recover funds in a moving company Ponzi scheme targeting the Haitian community urged a Florida federal court on Thursday to approve a first-round distribution of $2.75 million to refund losses, although the judge overseeing the case said the amount represents a fraction of what defrauded victims lost.
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January 23, 2025
Trump Forms Crypto Working Group To Create Fed. Framework
President Donald Trump took another step towards fulfilling his campaign promises to the cryptocurrency industry on Thursday with an executive order that directs regulators to get to work establishing a federal framework for digital assets and prohibits the creation of a central bank digital currency.
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January 23, 2025
Shift4 Gets Accounting Practices Investor Suit Axed For Good
In an opinion permanently dismissing a class action against Shift4 Payments Inc., a Pennsylvania federal judge rhetorically asked what changed from the first amended complaint that accused the payment processing company of engaging in questionable accounting practices to keep its stock price afloat.
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January 23, 2025
Judge Inclined To OK Visa, Mastercard $197.5M ATM Fee Deal
A D.C. federal judge seemed poised Thursday to give final blessing to a $197.5 million settlement resolving class action claims that Visa and Mastercard conspired with major banks to fix ATM access fees, but the judge said he needed more time to reflect on attorney fees.
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January 23, 2025
4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.
A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.
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January 23, 2025
AI Chatbot Co. CEO, Atty Spouse Indicted On $60M Fraud
Federal prosecutors in California arrested the former CEO of an artificial intelligence company Thursday alongside his lawyer wife, accusing the duo of a $60 million fraud scheme in which they allegedly lied to investors about the company's financial state and diverted funds to pay for their wedding.
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January 23, 2025
SEC Rescinds Controversial Crypto Accounting Guidance
The U.S. Securities and Exchange Commission rolled back its controversial cryptocurrency accounting guidance known as SAB 121 Thursday evening, hot on the heels of newly appointed acting Chairman Mark Uyeda's commitment to shifting the regulator toward setting clear guidelines for digital assets.
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January 23, 2025
Wells Fargo Prevails In $25M Mortgage Default Dispute
A Pennsylvania state court sided with Wells Fargo in a foreclosure suit accusing a Philadelphia property owner of defaulting on a nearly $25 million mortgage loan, finding the owner failed to abide by the loan agreement.
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January 23, 2025
Chinese Ride Co. Ordered To Produce Regulator Testimonies
A New York federal judge ordered Chinese ride-hailing giant Didi Global Inc. to provide testimony about its interactions with Chinese regulators before its 2021 initial public offering, rejecting the company's claim that Chinese law prevents disclosure.
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January 23, 2025
PayPal To Pay $2M To NY Regulator In Cybersecurity Deal
PayPal agreed on Thursday to pay a $2 million fine to the New York State Department of Financial Services to resolve allegations that it failed to use qualified personnel to manage key cybersecurity functions and failed to provide proper training to address cybersecurity risks, resulting in sensitive customer information being vulnerable to hackers.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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The Ups And Downs Of SEC's Now-Dissolved ESG Task Force
The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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Anticipating Jarkesy's Effect On Bank Agency Enforcement
Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.
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CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers
With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.