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Banking
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February 21, 2025
Judge Trims $40M Green Energy Co. Investor Suit
A Tennessee federal judge won't toss a proposed class action claiming that a Chicago green energy outfit and its executives used false promises of extravagant returns to lure investors, but ruled two defendants can escape some of the suit's claims.
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February 21, 2025
Payday Lender Says CFPB Uncertainty Should Pause Suit
ACE Cash Express has asked a Texas federal judge to pause a case launched by the Consumer Financial Protection Bureau accusing the payday lender of concealing free repayment plans from struggling borrowers, saying it is unclear how the agency will move forward with the action now that the Trump administration has effectively shut it down.
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February 21, 2025
FINRA Fines Merrill Lynch Over Early Sales Of IPO Shares
Merrill Lynch will pay a $275,000 fine to settle the Financial Industry Regulatory Authority claim that, for nearly three years, the firm accepted purchase orders for shares of newly issued stock prior to the opening of secondary market trading in those shares.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
CFPB's $8 Late Fee Rule On Ropes As Banks Move In For Kill
The U.S. Chamber of Commerce and other trade groups have urged a Texas federal judge to strike down the Consumer Financial Protection Bureau's $8 credit card late fee rule once and for all, saying, among other things, that the CFPB is itself a "veritable issue-spotter of constitutional law violations."
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February 21, 2025
Va. Judge Won't Bar DOGE Access To Treasury, OPM Data
A Virginia federal judge on Friday rejected a data privacy watchdog's bid for a preliminary injunction blocking Elon Musk's Department of Government Efficiency from accessing data systems housed in the U.S. Department of the Treasury and the U.S. Office of Personnel Management.
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February 21, 2025
First Horizon Says Ex-CEO Is Dropping Claims To Avoid Loss
First Horizon Bank told a Florida federal judge that a former bank CEO cannot drop claims against individual bank directors to shield himself from an inevitable adverse judgment in the suit, which accused the bank and its directors of setting up the CEO as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme.
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February 21, 2025
Swizz Beatz Says Suit Over 1MDB Funds Is Time-Barred
Hip-hop artist Swizz Beatz has told a Manhattan federal judge that a suit claiming he received millions of dollars that were stolen in the 1Malaysia Development Berhad fraud scandal should be tossed since it was brought after the six-year statute of limitations.
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February 21, 2025
Coinbase Says SEC Will Drop Suit Amid Crypto Policy Shift
Coinbase said Friday the U.S. Securities and Exchange Commission has committed to dropping its enforcement action against the crypto exchange, a move that would see the regulator walk away from one of its flagship crypto suits amid a wider policy shift under the Trump administration.
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
New SEC Enforcement Unit Shows Drift From Crypto Focus
The U.S. Securities and Exchange Commission continued its efforts to shift its approach to digital asset enforcement under the Trump administration when it announced Thursday that it replaced the unit responsible for many of its controversial crypto registration suits with a new fraud-focused iteration that will take a broader focus on "cyber and emerging technologies."
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February 20, 2025
FDIC Watchdog Will Review Agency Layoffs' Impact
The Federal Deposit Insurance Corp.'s inspector general has indicated that she will review how the agency and the larger banking industry will be impacted by the agency's acting Chairman Travis Hill's recent decision to rescind more than 200 job offers to bank examiners following a presidential executive order.
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February 20, 2025
Ex-CFPB Chief Chopra Raps 'Totally Weird' Trump Shutdown
Former Consumer Financial Protection Bureau Director Rohit Chopra knocked the Trump administration's efforts to shut down the consumer agency as a bizarre and potentially self-owning policy choice, warning Thursday that it will only hurt businesses and consumers.
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February 20, 2025
Fed's Barr Defends Long-Term Debt Mandate For Big Banks
The Federal Reserve's chief bank regulator said Thursday that the country's financial system was "sound and resilient" but warned of increased risks if post-financial crisis reforms aren't maintained and finished, specifically arguing for the implementation of Basel III Endgame rules on liquidity standards and debt requirements.
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February 20, 2025
Trump Admin Says CFPB Defunding Suit Guesses At Harms
The Trump administration on Thursday pushed back on a lawsuit alleging it seeks to "defund" the Consumer Financial Protection Bureau, arguing that concerns about access to a consumer complaint database and other information are "baseless speculation" about the agency's future financial decisions that don't justify an injunction.
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February 20, 2025
Unions' Downsizing Suit Belongs Before FLRA, Judge Says
A D.C. federal judge denied requests Thursday to block the president from carrying out three federal downsizing initiatives, rejecting unions' argument that their challenge is an exception to the rule that federal union disputes belong before the agency charged with adjudicating them.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Wells Fargo, AAA Look To Nix Fraudulent Inducement Suit
Wells Fargo and the American Arbitration Association are urging a California federal judge to nix a proposed class action accusing them of colluding to fraudulently induce consumers into accepting a fundamentally unfair arbitration process, with the bank arguing that the claims must be arbitrated.
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February 20, 2025
Unions Demand Insight Into DOGE's Agency Audits
Worker and consumer advocates asked a D.C. federal judge Thursday to make the Department of Government Efficiency detail its probes into three federal agencies, arguing the information is needed to resolve their claims that the new entity's audits violate the public's privacy rights.
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February 20, 2025
Trump Executive Order Could Hinder Crypto Rules, SEC Suits
A new executive order giving the White House more power over independent agencies could slow rulemaking and enforcement activity at the U.S. Securities and Exchange Commission and even put a damper on its ability to write rules governing the cryptocurrency industry, legal experts told Law360.
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February 20, 2025
JPMorgan Has 'Buyer's Remorse' Over $175M Buy, Javice Says
Frank founder Charlie Javice believed in her student loan company, her lawyer told a Manhattan federal jury Thursday, pushing back against charges that the executive tricked JPMorgan Chase into a $175 million acquisition by claiming the case is about "buyer's remorse."
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February 20, 2025
Schwab Antitrust Settlement With Investors Gets Initial OK
A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.
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February 20, 2025
Home Equity Lender Preys On Consumers, Mass. AG Alleges
Home equity investment company Hometap Equity Partners is violating Massachusetts consumer protection laws by offering what amounts to unregulated versions of reverse mortgages to vulnerable consumers, the state's attorney general charged in a lawsuit filed Wednesday in state court.
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February 20, 2025
Musk's X Seeks Cash At $44B Valuation, Plus More Rumors
Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.
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February 19, 2025
What To Know About Trump's Likely Pick For USPTO Director
Dilworth Paxson LLP partner John Squires is about to be nominated for director of the U.S. Patent and Trademark Office, about half a dozen sources told Law360 on Tuesday. Here's what you need to know about the attorney who made a name for himself at Goldman Sachs.
Expert Analysis
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With Precautions, AI Can Help With Suspicious Activity Filings
While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.