Banking

  • January 28, 2025

    Sen. Warren Has 'Serious Concern' Over Lutnick's Tether Ties

    Sen. Elizabeth Warren, D.-Mass., has asked U.S. Secretary of Commerce nominee Howard Lutnick to provide more information on his involvement with the crypto firm Tether Ltd. Inc., saying his firm Cantor Fitgerald's stake in the success of a token allegedly favored by "outlaws" is cause for concern.

  • January 28, 2025

    Staples Settles Out Of Visa, Mastercard Swipe Fee Battle

    Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.

  • January 28, 2025

    CFPB, Bank Orgs Rebuff Intervention Bid In Data Rule Fight

    In a moment of agreement, the Consumer Financial Protection Bureau and a group of banking trade groups pushed back on Tuesday against a bid to intervene by two advocacy groups in a suit over the CFPB's small business lending data rule. 

  • January 28, 2025

    Black Homebuyers Seek OK For Predatory Lending Settlement

    A proposed class of Black homebuyers has asked a Michigan federal judge to approve their $750,000 settlement with real estate companies and their investors who allegedly bought up run-down Detroit properties to sell to Black buyers with abusive lending terms.

  • January 28, 2025

    Wells Fargo Exits 2022 Order But Isn't Out Of CFPB Woods Yet

    Wells Fargo announced Tuesday that it has wrapped up a Consumer Financial Protection Bureau consent order issued two years ago over its handling of auto loans, mortgages and deposit accounts, though the agency is cautioning that "serious issues" remain at the bank.

  • January 28, 2025

    DC Judge Doubts Lawfulness Of USCIS EB-5 Guidance

    A D.C. federal judge expressed deep skepticism Tuesday that U.S. Citizenship and Immigration Services acted lawfully when the agency shortened the minimum investment period for foreign investors seeking green cards, outlining plans to toss the rule or pause a lawsuit challenging it pending rulemaking.

  • January 28, 2025

    SEC Wells Meetings Likely Back On The Table, Official Says

    The U.S. Securities and Exchange Commission's acting deputy director of enforcement said Tuesday that leadership was open to meeting more frequently with those facing SEC investigations and hinted at the possibility that it would pursue fewer industry bars against those who violate the securities laws. 

  • January 28, 2025

    Pa. Bank Regulator Claims Co. Hid Affiliation, Misused Privilege

    A Texas debt-settlement company should be sanctioned for failing to disclose its alleged affiliation with another debt consolidator and for invoking attorney-client privilege when pressed about how its general counsel complied with a subpoena, Pennsylvania's banking regulator told a state court Tuesday.

  • January 28, 2025

    Judge Temporarily Halts Trump's Funding Freeze

    A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.

  • January 28, 2025

    Connecticut Bank Customer Drops Overdraft Class Claims

    Connecticut's Fairfield County Bank has dodged a proposed class action accusing it of unlawfully charging fees on "authorize positive, settle negative" transactions, court records show.

  • January 28, 2025

    Holland & Knight Adds Financial Services Partner In New York

    Holland & Knight LLP has brought on a former Mayer Brown LLP partner who specializes in asset securitization and structured finance to its growing financial services team.

  • January 27, 2025

    5th Circ. Wipes Out FTC Rule Targeting Auto Industry Scams

    A split Fifth Circuit panel on Monday vacated the Federal Trade Commission's Combating Auto Retail Scams, or CARS, rule prohibiting bait-and-switch tactics and hidden charges in the car buying and leasing process, siding with car dealers and finding that the FTC didn't give adequate notice of the proposed rulemaking.

  • January 27, 2025

    CFPB's Chopra Sees Room For Rules To Stem Debanking

    Consumer Financial Protection Bureau Director Rohit Chopra on Monday voiced support for regulatory action to address concerns about banks unfairly closing accounts, saying more transparency and "bright-line" limits may be needed to combat so-called debanking.

  • January 27, 2025

    Crypto Exchange KuCoin Pleads Out, Agrees To Pay $297M

    Cryptocurrency exchange KuCoin on Monday pled guilty and agreed to pay $297 million for failing to implement anti-money laundering protocols and allowing more than $5 billion worth of criminal funds to flow through its trading platform.

  • January 27, 2025

    CFPB Says Acima Can't Use 'Lease' Label To Exit Suit

    The Consumer Financial Protection Bureau urged a Utah federal court to not dismiss its predatory lending suit against Acima Leasing, arguing the fintech company and Rent-A-Center affiliate can't hide offering functional credit products by calling them rental purchases.

  • January 27, 2025

    Advertising Platform's Changes Hurt Investors, Suit Says

    Advertising platform Cardlytics Inc. faces a proposed class action alleging that it failed to warn shareholders that fast-paced changes to its technology could impact its ability to deliver on advertiser budgets, hurting investors when it disclosed an associated earnings miss.

  • January 27, 2025

    4th Circ. Says Servicemembers Law Doesn't Bar Arbitration

    The Fourth Circuit ruled Monday that the Servicemembers Civil Relief Act, a federal law that grants financial protections to members of the U.S. armed forces, does not override mandatary arbitration agreements in lenders' contracts with military borrowers.

  • January 27, 2025

    Civil Liberties Org. Says FDIC's Court 'Eviscerates' Civil Rights

    The New Civil Liberties Alliance told the Fifth Circuit on Monday to spurn the Federal Deposit Insurance Corp.'s attempt to level a fraud judgment against a banker, saying the agency's in-house court sidesteps the constitutional right to a jury trial.

  • January 27, 2025

    HSBC Bankers Fall Short Of Pay Class Cert., Judge Suggests

    A New York federal magistrate judge recommended that proposed classes of HSBC Bank personal bankers be denied class certification for allegations that the company shortchanged them on pay in various ways, finding the evidence presented to establish commonality of the claims is full of hearsay.

  • January 27, 2025

    Perella Weinberg Had $47M Motive To Ax Partners, Judge Told

    Counsel for former partners of investment banking firm Perella Weinberg on Monday signaled to a New York state trial judge that the firm had a financial motive to fire them and pointed to emails calling one a "destructive influence."

  • January 27, 2025

    Judge Refuses To Stop Amazon Data Suit In Ill. State Court

    A Delaware federal judge refused on Monday to block a lawsuit in Illinois state court accusing Amazon Web Services of illegally collecting voice data, saying the Illinois privacy case involves different claims and parties than the federal case, which was dismissed because some plaintiffs lacked standing.

  • January 27, 2025

    Yen Libor-Rigging Case Lands Before 2nd Circ. Again

    Institutional investors urge the Second Circuit to again revive a lawsuit accusing Bank of America, UBS and others of rigging the interbank borrowing rate for Japanese yen, arguing in a brief Monday that a lower court judge dismissed the case on "obviously erroneous grounds with little (if any) supporting analysis."

  • January 27, 2025

    Archegos CFO Gets 8 Years For $100M Stock Fraud Ploy

    The former chief financial officer of defunct hedge fund Archegos on Monday was sentenced in New York federal court to eight years in prison for his role in a $100 billion scheme to manipulate the market and defraud banks.

  • January 27, 2025

    Senate Confirms Bessent As Treasury Secretary

    A bipartisan majority of senators voted Monday to confirm billionaire hedge fund manager Scott Bessent as Treasury secretary, putting in place a key member of President Donald Trump's Cabinet.

  • January 27, 2025

    Deutsche Bank Can't Add Norway Rulings To Asset Sale Fight

    A Connecticut state judge has rejected Deutsche Bank AG's request to add a series of rulings by Norwegian courts into the state court's record while the bank pursues claims that Norwegian billionaire Alexander Vik and his daughter sabotaged an asset sale — rulings that the bank initially said were irrelevant.

Expert Analysis

  • How DOJ's Visa Debit Monopolization Suit May Unfold

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    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.

  • New Export Control Guidance Raises The Stakes For Banks

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    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.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    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.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    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.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    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.

  • The Ups And Downs Of SEC's Now-Dissolved ESG Task Force

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    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.

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    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.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    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.

  • Understanding New ACH Network Anti-Fraud Rules

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    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.

  • Anticipating Jarkesy's Effect On Bank Agency Enforcement

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    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.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    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.

  • What Being An 'Insider' Means In Ch. 11, And Why It Matters

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

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