Banking

  • December 19, 2024

    $18M TransUnion Loss 'Riddled With Defects,' 6th Circ. Says

    The Sixth Circuit said Wednesday that a jury's $18.3 million award in a dustup over intellectual property related to an online insurance quote marketplace was based on damages evidence that was sorely lacking, affirming that TransUnion is off the hook.

  • December 19, 2024

    Denmark Says $500M Recovered In Dividend Tax Fraud Suits

    Denmark's tax administration has recovered a total of 3.6 billion Danish kroner ($500 million) in money lost to suspected dividend tax refund fraud after entering settlements of civil cases in several countries in 2024, Denmark's tax minister announced.

  • December 18, 2024

    OCC Orders 'Comprehensive' Remedial Action For USAA Bank

    The Office of the Comptroller of the Currency on Wednesday hit USAA Federal Savings Bank with curbs on new product additions and membership growth as part of a fresh consent order that follows prior enforcement actions against the military-focused bank.

  • December 18, 2024

    Acima Says CFPB's 'Baseless' Power-Grab Suit Must Go

    Rent-A-Center affiliate Acima has urged a Utah federal judge to throw out a Consumer Financial Protection Bureau lawsuit accusing the lease-to-own fintech company of predatory lending practices, arguing that the agency has an unconstitutional funding mechanism and lacks the authority to regulate lease-to-own businesses, among other things.

  • December 18, 2024

    FDIC Moves Closer To Suing Ex-Brass Of Silicon Valley Bank

    Federal Deposit Insurance Corp. leaders have given a green light for the agency to potentially sue former top brass of Silicon Valley Bank for alleged mismanagement of the bank that led to its collapse last year.

  • December 18, 2024

    Dutch Bank Exec Gave IRS Good Tax Tip, DC Circ. Judge Says

    D.C. Circuit judges grappled Wednesday with the denial of a whistleblower award to a late Dutch bank executive who tipped off the IRS to tax reporting schemes, with one judge saying during oral arguments that the executive appeared to have handed the agency "gift-wrapped" evidence of wrongdoing.

  • December 18, 2024

    CFPB Says Credit Card Point Devaluation May Break The Law

    The Consumer Financial Protection Bureau warned Wednesday that credit card companies risk violating federal law when they or their merchant partners devalue rewards points and miles banked by their cardholders, casting it as a potential "bait-and-switch."

  • December 17, 2024

    GOP Hill Leaders Pledge To Prioritize Crypto Bills Next Year

    Lawmakers told crypto industry participants Tuesday that they plan to keep digital assets top of mind in the coming legislative session by prioritizing bills on a regulatory structure for stablecoins and digital asset markets, as well as digging into allegations bank regulators have unfairly targeted crypto businesses.

  • December 17, 2024

    BDO Asks 2nd Circ. To Rethink AmTrust Investor Suit Ruling

    Auditing firm BDO USA LLP has asked the full Second Circuit to review an earlier decision that allowed a lawsuit brought by AmTrust Financial Services Inc. investors to move forward on claims that the auditor did a poor job reviewing the insurer's financial statements.

  • December 17, 2024

    TelexFree Victims Seek Class Cert. Over Ponzi Losses

    Victims of the multibillion-dollar TelexFree Ponzi scheme have asked a federal judge to certify their class in their suit against the litigation's remaining defendants, including TelexFree insiders and Wells Fargo, arguing that cases arising from Ponzi schemes are the "very archetypes for class treatment."

  • December 17, 2024

    SEC, CFTC Members Eye Crypto Coordination Under Trump

    Republican commissioners at the federal securities and futures regulators told crypto industry participants on Tuesday that they will urge their agencies to collaborate more closely on providing regulatory relief and clarity in the new year as they wait for lawmakers to get long-awaited crypto legislation across the finish line.

  • December 17, 2024

    Visa Says 'Contradictory' Debit Card Market Dooms DOJ Suit

    Visa Inc. formally asked a New York federal judge Monday to nix the U.S. Department of Justice monopolization lawsuit accusing it of paying off would-be debit network rivals and penalizing the use of alternate payment systems, arguing the government cannot mix-and-match its way into claiming the company holds a dominant market share.

  • December 17, 2024

    Texas Judge Won't Pause Block Of Corp. Transparency Law

    A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.

  • December 17, 2024

    Hunton Adds Ex-Flagstar Atty To NYC Office

    Hunton Andrews Kurth LLP announced on Tuesday it has hired ex-Flagstar Bank senior vice president and associate general counsel Ian W. Sterling for its New York City office as a special counsel who specializes in structured finance and securitization.

  • December 17, 2024

    CFPB Finalizes Rule For PACE Loans

    The Consumer Financial Protection Bureau on Tuesday finalized a rule that applies standard mortgage protections to so-called Property Assessed Clean Energy loans, where homeowners pay for upgrades through property tax bills.

  • December 17, 2024

    Asset Manager Gets 2½ Years For Role In $1.2B PDVSA Scheme

    A Florida federal judge on Tuesday sentenced an asset manager who pled guilty to participating in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company to 2½ years in prison.

  • December 17, 2024

    Heartland Payment Settles Florida School Lunch Card Suit

    Parents from Florida and elsewhere have settled a proposed federal class action with a payment processor over alleged unfair surcharges collected after depositing lunch money onto school-sponsored reloadable cards used by their kids.

  • December 17, 2024

    Northwest Bancshares Buys Peer Penns Woods In $270M Deal

    Dinsmore & Shohl LLP-advised Northwest Bancshares Inc. has agreed to purchase Stevens & Lee PC-led Penns Woods Bancorp Inc. in an all-stock deal valued at roughly $270.4 million, the organizations said Tuesday.

  • December 16, 2024

    Circuit-By-Circuit Guide To 2024's Most Memorable Moments

    One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.

  • December 16, 2024

    BNY Scores Exit In Mutual Fund Conflict Of Interest Suit

    A Pennsylvania federal magistrate judge on Monday granted The Bank of New York Mellon's bid to toss a proposed class action claiming that it failed to disclose conflicts of interest when funneling client assets into mutual funds and other investment vehicles that favored the bank, ruling that the claims are preempted by the Securities Litigation Uniform Standards Act.

  • December 16, 2024

    Yodlee Judge 'Wrestling' With Invasion Of Privacy Question

    A California federal judge considering financial data aggregator Yodlee's bid to dismiss allegations it unlawfully collected user data said Monday that she is "wrestling" with whether the company's retention of users' bank credentialing information gave those users standing for an invasion of privacy claim.

  • December 16, 2024

    Anchorage Digital Awarded BitLicense From NY Regulator

    Anchorage Digital said Monday it has received a BitLicense from the New York State Department of Financial Services, allowing the cryptocurrency platform to offer regulated crypto trading to New York-based clients and giving it the ability to custody and settle trades through chartered custodian Anchorage Digital Bank.

  • December 16, 2024

    CFPB Says Conn. Decision Supports Its Case Against Lender

    The Consumer Financial Protection Bureau has said a Connecticut Appellate Court decision last week in a lender's case against the state banking department bolsters its own parallel federal proceeding against the same entity, noting that the state court rejected the lender's claims that federal and state regulations do not align.

  • December 16, 2024

    Cos. Urge Judge To Maintain Injunction On Transparency Law

    A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.

  • December 16, 2024

    Blindsided Developer Says $112K Legal Bill Should Be $25K

    A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.

Expert Analysis

  • Strategies For Home Equity Investment Providers In 2025

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    The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • How CFPB Rule Would Affect Data Brokers And Beyond

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    The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

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    The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • SEC Custody Rule Creates Crypto Compliance Conundrum

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    While the U.S. Securities and Exchange Commission's application of the custody rule may be a good faith attempt to enhance consumer protections for client assets, it doesn't appreciate the unique characteristics of crypto-assets, forcing advisers to choose between pursuing their clients' objectives and complying with the rule, say attorneys at Willkie.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • What Insurers Need To Know About OFAC's Expanded FAQs

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    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Federal Embrace Of Crypto Regs Won't Lower State Hurdles

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    Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.

  • SEC Prioritized Enforcement Sweeps As Cases Slowed In '24

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    Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

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