Banking

  • 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.

  • August 02, 2024

    How Two Non-Bankruptcy Attys Won A Rare Ch. 7 Jury Trial

    A pair of Boston-based attorneys from Davis Malm scored a victory in a rare bankruptcy-related jury trial despite not being bankruptcy practitioners themselves, after a Delaware panel rejected a trustee's bid to recoup $44 million from a grocery store magnate.

  • August 02, 2024

    CFPB Claim 'Strays Too Far' In Snap Finance Suit, Judge Says

    A Utah federal judge allowed Snap Finance to escape some claims brought by the Consumer Financial Protection Bureau that alleged the lease-to-own consumer finance company intentionally misled customers with "virtually every step" of its consumer experience, saying that its lease agreements cannot be considered "credit."

  • August 02, 2024

    Wells Fargo's AML, Sanctions Programs Facing Investigation

    Wells Fargo & Co. has said it is facing scrutiny from "government authorities" over issues with its anti-money laundering and sanctions compliance programs, further noting it is in talks with the U.S. Securities and Exchange Commission to settle an investigation into its investment account cash sweep offerings.

  • August 02, 2024

    PNC Wants Court, Not Jury, To Hear Fintech Co. TM Defenses

    PNC Financial Services Group wants a Pennsylvania federal judge, not a jury, to decide whether the bank did nothing with knowledge that Plaid Inc. was copying its logo and login screens when linking bank accounts to financial apps, PNC said in a court filing.

  • August 02, 2024

    Ex-Dropbox Exec Says JPMorgan Can't Block Arbitration

    A billionaire co-founder of the file sharing platform Dropbox has asked a California federal court to declare that he can take a JPMorgan wealth management unit to arbitration for more than $225 million in damages he says he suffered at the hands of an investment adviser who previously worked for units of First Republic Bank that JPMorgan acquired last year.

  • August 02, 2024

    SDNY Brass Looks To Future After String Of Courthouse Wins

    A series of high-profile convictions won by federal prosecutors from the Southern District of New York shows the office is pursuing justice for a diverse community without regard for politics, its senior leaders told Law360, adding they intend to continue on that path.

  • August 02, 2024

    Steptoe Finance Chair Joins Morgan Lewis In Chicago

    The chair of Steptoe LLP's financial services practice has joined Morgan Lewis & Bockius LLP's Chicago office as a partner, the firm said Thursday.

  • August 02, 2024

    3 Real Estate Investors Cop To $119M Mortgage Fraud Scheme

    A trio of real estate investors has admitted to running an extensive, multiyear conspiracy to defraud Fannie Mae by getting the company to purchase or fund $119 million worth of mortgage loans so they could acquire residential and commercial properties, the U.S. Department of Justice announced Thursday.

  • August 02, 2024

    Taxation With Representation: Sullivan, Dechert, Kirkland

    In this week's Taxation With Representation, BNP Parabis SA acquires an investment management subsidiary for €5.1 billion, Cleveland accounting firm CBIZ merges with competitor Marcum for $2.3 billion, and Arcosa Inc. inks a deal with a family-owned construction materials business for $1.2 billion.

  • August 02, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • August 02, 2024

    Banking Vet Still Has Work To Do As Paul Weiss M&A Head

    After a long tenure in banking, including as Morgan Stanley's global head of mergers and acquisitions, Rob Kindler could have rested on his laurels. Instead, Kindler joined Paul Weiss as its global chair of M&A and has led the team that represented Envestnet Inc. on its July 11 deal to sell the business to Bain Capital for $4.5 billion. He spoke with Law360 about what he sees ahead.

  • August 01, 2024

    More 'Equitable' Banking? This Ex-Biden Official Has A Plan

    A former Biden U.S. Treasury Department official on Thursday outlined a progressive policy agenda that could provide a road map for bank regulators in the next administration, saying there's more that can and should be done to make the banking system stronger and fairer.

  • August 01, 2024

    DOJ Unveils Whistleblower Pilot, But Garners Atty Criticism

    The U.S. Department of Justice on Thursday officially launched its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct, although some whistleblower attorneys decried the program's award caps and what they described as its lack of enforceability.

  • August 01, 2024

    11th Circ. Denies Coverage, Despite Insurer's Missing Comma

    In a unanimous published opinion bound to frustrate grammarians, an Eleventh Circuit panel affirmed Thursday that though an insurer's policy might be missing a comma, the lack of punctuation didn't change its clear and unambiguous meaning, thus preventing payment to a food company.

  • August 01, 2024

    BNY's Pershing Hit With $1.4M FINRA Recordkeeping Fine

    BNY subsidiary Pershing will pay the Financial Industry Regulatory Authority a $1.4 million fine to resolve claims that it misstated interest rates for variable rate securities on millions of account statements for more than 12 years.

  • August 01, 2024

    TD Bank's $25M Client Poach Case Hits FINRA Snags

    Ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial Services Inc. agreed to move a dispute over a restraining order into arbitration to shield themselves from negative press, the bank told a federal judge Thursday after the defendants complained about delays to the proceeding.

  • August 01, 2024

    Weil-Led Goldman Sachs Plugs $440M Into Power Biz

    Renewable power company BrightNight on Thursday announced that it has secured a $440 million strategic investment from Goldman Sachs Alternatives' infrastructure business, which is led by Weil Gotshal & Manges LLP.

  • August 01, 2024

    Locke Lord Adds Insurance, Privacy Partners In Chicago

    Locke Lord LLP announced on Wednesday that two partners formerly of Sidley Austin LLP and Thompson Coburn LLP have joined the firm's insurance and cybersecurity practices out of Chicago.

  • August 01, 2024

    GOP Senators Slam 'Burdensome' FDIC Bank Board Proposal

    Republicans on the U.S. Senate Committee on Banking, Housing and Urban Affairs asked the Federal Deposit Insurance Corp. to withdraw proposed rulemaking on corporate governance, contending Wednesday that the proposal would "harm the safety and soundness" of the U.S. banking system.

  • August 01, 2024

    Ohio Fed. Bank Denied White Worker Out Of Bias, Court Told

    The Federal Reserve Bank of Cleveland twice refused to promote a white law enforcement officer in favor of nonwhite candidates despite his qualifications for the role, he told an Ohio federal court.

  • August 01, 2024

    Mass. Could Be New Front In The Battle Over Jury Trial Right

    Following the U.S. Supreme Court's ruling granting defendants facing administrative civil penalties the right to a jury trial, experts say a similar challenge in Massachusetts is likely, but may not find as receptive a judicial audience.

  • August 01, 2024

    CORRECTED: Estonians Extradited In $575M Crypto Fraud Case Win Bail

    A Washington federal judge has allowed two Estonian men to be released on bail backed by $5 million bonds after they were extradited to Seattle to face criminal charges that they operated cryptocurrency and money laundering schemes worth $575 million.

  • July 31, 2024

    Discover Could Pay $200M In Card 'Misclassification' Fines

    Discover Financial Services told investors on Wednesday that it could face $200 million in potential regulatory penalties over its past "misclassification" of certain credit card accounts, an issue that's also led to class action litigation and other scrutiny for the card giant.

Expert Analysis

  • 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.

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Why FDIC Banks May Want To Consider Fed Membership

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    With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

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