Banking

  • September 25, 2024

    Merrill, Harvest To Pay SEC $9.3M For Ignoring Clients' Limits

    The U.S. Securities and Exchange Commission on Wednesday announced that investment advisory firms Harvest Volatility Management LLC and Merrill Lynch Pierce Fenner & Smith Inc. will pay a combined $9.3 million to settle claims that they exceeded clients' designated investment limits over a two-year period, causing those clients to incur higher fees and losses.

  • September 25, 2024

    Julie Chrisley Gets No Slack In Resentencing From Ga. Judge

    Julie Chrisley, the former real estate mogul and reality TV star who was convicted of running a yearslong bank fraud scheme with her husband, Todd, was resentenced Wednesday by a Georgia federal judge to the same seven-year prison term she first received nearly two years ago.

  • September 24, 2024

    Bank Regulators, SEC Face GOP Inquiry Over Crypto Bulletin

    House Republicans have called for the Federal Reserve and other agencies to turn over a host of documents for what the lawmakers say is an inquiry into the origins and behind-the-scenes policymaking impact of the U.S. Securities and Exchange Commission's cryptocurrency accounting guidance.

  • September 24, 2024

    'Be Careful What You Wish For' Post-Jarkesy, SEC Atty Says

    A trial lawyer for the U.S. Securities and Exchange Commission told the defense bar Tuesday to "be careful what you wish for" after the U.S. Supreme Court dealt a blow to the agency's in-house court system, saying cases against gatekeepers "are not going away."

  • September 24, 2024

    3 Takeaways From Gensler's Big Day Before The House

    U.S. Securities and Exchange Commission Chair Gary Gensler appeared before the U.S. House of Representative for potentially the last time on Tuesday, where he stuck up for his agency's actions in the crypto space and hinted at the possible revival of share buyback rules.

  • September 24, 2024

    Invitation Homes Agrees To $48M Settlement With FTC

    The Federal Trade Commission said it has struck a $48 million agreement with Invitation Homes Inc. to settle claims against the nation's largest single-family home landlord, including that it deceived people about leasing costs and junk fees, failed to inspect and repair homes as promised, and unfairly held on to security deposits.

  • September 24, 2024

    Feds Say BitMEX Should Owe $428M For Flouting AML Rules

    Federal prosecutors urged a Manhattan federal judge to impose a $428 million penalty for offshore crypto derivatives exchange BitMEX after the firm admitted to lax anti-money laundering procedures, arguing the more than $100 million the firm and founders have already paid to regulators is not enough to deter other crypto firms from Bank Secrecy Act violations.

  • September 24, 2024

    Star Witness Against Bankman-Fried Gets 2 Years In FTX Case

    A Manhattan federal judge sentenced former cryptocurrency executive Caroline Ellison to two years in prison Tuesday, crediting her decision to testify against FTX founder Sam Bankman-Fried but saying the $11.2 billion fraud was too big to warrant a "get out of jail free card."

  • September 24, 2024

    Baker Donelson Adds Financial Services Expert In DC

    Baker Donelson Bearman Caldwell & Berkowitz PC has hired a new shareholder who started her 15-year legal career as an attorney adviser in the U.S. Department of the Treasury's Banking and Finance Division, the firm announced Tuesday.

  • September 24, 2024

    DOJ Accuses Visa Of Monopolizing Debit Card Market

    The U.S. Department of Justice accused Visa on Tuesday of illegally maintaining a monopoly over debit card networks by using its dominance to thwart competition from new and existing rivals, as the Biden administration continues its push to combat high prices using antitrust law.

  • September 24, 2024

    SEC, CFTC Issue $118M Fines In Latest Text Message Actions

    Federal regulators said Tuesday that the Canadian Imperial Bank of Commerce and nearly a dozen other financial firms have agreed to pay fines totaling nearly $120 million to settle recordkeeping violations tied to employee use of unapproved communication methods like text messages to conduct business.

  • September 23, 2024

    Credit Suisse Can't Ditch Investor Fraud Suit, But PwC Can

    A New York federal judge has declined to fully dismiss a proposed class action alleging Credit Suisse misled investors about its condition in the run-up to its collapse and takeover by UBS, ruling that a narrow part of the litigation can proceed while much of it — including claims against PwC — must go.

  • September 23, 2024

    Ex-Adviser Can't Seek Due Process Update, Justices Told

    A Morgan Stanley unit on Friday urged the U.S. Supreme Court not to tackle a purported circuit split over whether "manifest disregard of the law" remains a valid reason for vacating an arbitral award, arguing that a former employee missed his chance to press the argument in the lower courts.

  • September 23, 2024

    Court Sinks Antitrust Claims Against Suns Owner

    A Florida federal court adopted the recommendations of a magistrate judge and tossed a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage, over an alleged boycott.

  • September 23, 2024

    DOJ Adds AI Risk To Corporate Compliance Program

    The U.S. Department of Justice's Criminal Division is now weighing how companies manage risk related to artificial intelligence and potentially stymie whistleblowers, one of several updates to the division's policies on evaluating corporate compliance programs announced by a senior official on Monday.

  • September 23, 2024

    PNC, Plaid End Legal Battle With Customer Data-Sharing Deal

    PNC Financial Services Group and Plaid have reached an agreement to end nearly four years of trademark litigation that allows PNC customers to use Plaid to share their financial data with fintech companies like Venmo and Cash App.

  • September 23, 2024

    Holland & Knight Adds Former Treasury Adviser In DC

    A former adviser for the U.S. Department of the Treasury and counsel for the Consumer Financial Protection Bureau has moved his practice to Holland & Knight's office in Washington, D.C., the firm announced Monday.

  • September 23, 2024

    Autism Played Role In Bankman-Fried Case, 2nd Circ. Told

    A group of experts on neurodiversity told the Second Circuit that Sam Bankman-Fried, who has said he has autism and attention deficit hyperactivity disorder, may have been hurt at trial by a "cognitive and communication style" that at times frustrated the trial judge.

  • September 23, 2024

    Julie Chrisley Fights For Sentence Cut After 11th Circ. Ruling

    Former reality TV star Julie Chrisley asked a Georgia federal judge on Friday to resentence her to no more than five years for her role in a $36 million tax evasion and fraud scheme, arguing against prosecutors' insistence that the seven-year sentence she was previously given be kept intact.

  • September 20, 2024

    IMF Promotes Deputy General Counsel To Top Job

    The International Monetary Fund has promoted from within to fill the general counsel position held by Rhoda Weeks-Brown since 2018.

  • September 20, 2024

    3rd Circ. CFPB Ruling Threatens Securitization, Justices Told

    Two major trade groups for the securities industry have urged the U.S. Supreme Court to review a Third Circuit decision allowing the Consumer Financial Protection Bureau to exercise enforcement authority over a collection of student loan securitization trusts, slamming the ruling as wrong and dangerous.

  • September 20, 2024

    CFPB Pitches Remittance Rule Tweak For Consumer Inquiries

    The Consumer Financial Protection Bureau moved Friday to revise a longstanding remittance disclosure requirement, saying the agency thinks the wording may be causing it to get inundated with thousands of phone calls from consumers asking about their international money transfers.

  • September 20, 2024

    SEC Fines Investment Adviser $750K For Cherry-Picking

    The U.S. Securities and Exchange Commission has filed settled charges against a former trader for a previously registered investment adviser who allegedly cherry-picked profitable trades to favored clients, fining him $750,000.

  • September 20, 2024

    States Tell 10th Circ. To Back Colo. Interest Rate Opt-Out Law

    Attorneys general for 13 states and Washington, D.C., asked the Tenth Circuit on Friday to uphold a Colorado law imposing more restrictive interest rate caps on loans made to its residents by out-of-state banks, arguing that a federal judge's injunction "nullifies the authority granted to states by Congress" to protect consumers from abusive lending practices.

  • September 20, 2024

    BofA, Consumers Ink Deal To End COVID Card Fraud Claims

    Bank of America informed a New Jersey court on Friday it has reached a settlement in principle with three consumers who launched a proposed class action over the bank's allegedly insufficient security measures affecting prepaid debit cards for unemployment benefits during the height of the COVID-19 pandemic.

Expert Analysis

  • Series

    After Chevron: Opportunities For Change In FHFA Practices

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    The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.

  • Supreme Court's ALJ Ruling Carries Implications Beyond SEC

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    In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.

  • Roundup

    North Carolina Banking Brief

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    In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in North Carolina banking regulation, litigation and policymaking.

  • Series

    NC Banking Brief: All The Notable Legal Updates In Q2

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    After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • The Often Overlooked NY Foreclosure Notice Requirements

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    As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • Series

    After Chevron: No Deference, No Difference For SEC Or CFTC

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    The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

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    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    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.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Series

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

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    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

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    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

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    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

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    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.

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