Fintech

  • August 27, 2024

    SEC Cites Amazon's FTC Loss In Coinbase Document Dispute

    The U.S. Securities and Exchange Commission on Tuesday told a New York federal judge that a recent ruling denying Amazon's request to review internal documents from the Federal Trade Commission bolsters its own bid to shield internal communications in its enforcement suit against crypto exchange Coinbase.

  • August 27, 2024

    Colo. Co. Deprived Analyst Of $58M Stock Deal, Judge Rules

    An Illinois federal judge has found that a Wall Street analyst and investor suffered damages worth nearly $58 million when a Colorado company and its president failed to compensate him with millions of shares as part of a consulting agreement.

  • August 27, 2024

    2nd Circ. Urged To Reject Preemption Defense In BofA Row

    The Second Circuit should join fellow federal courts in finding that a New York statute requiring all banks to pay at least 2% interest on mortgage-escrow accounts isn't preempted, a former Bank of America mortgage customer has told the appeals court following the U.S. Supreme Court's remand of the matter.

  • August 27, 2024

    NFL Union Sues DraftKings Over Broken NFT Licensing Deal

    The NFL Players Association has accused DraftKings Inc. of failing to make good on a licensing agreement when the online sportsbook decided to cease payments after shuttering its nonfungible token marketplace in the wake of a civil suit that argued DraftKings' NFTs offended securities laws.

  • August 27, 2024

    SEC Says Adviser Touted AI Project, Phony IPO To Fleece $6M

    The U.S. Securities and Exchange is accusing a China-based asset management firm of absconding with $6 million in client funds after making a rash of false claims about investing the money with the aid of artificial intelligence and after attempting to drum up interest in an initial public offering that never materialized.

  • August 27, 2024

    Nasdaq Seeks SEC's Green Light To Launch Bitcoin Options

    The Nasdaq stock exchange said Tuesday it is seeking regulatory approval to allow the listing of an options tool that tracks the price of bitcoin, a move designed to expand institutional and retail trading of cryptocurrency-related assets.

  • August 27, 2024

    Global Payments' $3.6M Deal Gets Initial OK

    A Georgia federal judge has given preliminary approval to a $3.6 million deal between Atlanta-based Global Payments Inc. and investors who allege a subsidiary of the payment tech company "tricked" consumers into signing up for a program that had undisclosed fees.

  • August 27, 2024

    Duane Morris Hires Ex-Dickinson Wright Fintech Expert

    A former financial institutions mergers and acquisitions and regulatory enforcement partner from Dickinson Wright PLLC who also has experience at the Federal Reserve Bank has joined Duane Morris LLP's corporate practice group in Chicago.

  • August 26, 2024

    'Jarkesy 2.0': SEC Sees New Attack On In-House Courts

    A new lawsuit calling into question the U.S. Securities and Exchange Commission's ability to boot alleged lawbreakers from the securities industry follows a long line of attacks on the regulator's use of its in-house courts, including a recent U.S. Supreme Court ruling that limited the SEC's ability to litigate fraud cases via administrative proceedings.

  • August 26, 2024

    US Trustee Raises Release Concerns With FTX Ch. 11 Plan

    The U.S. Trustee's Office has lodged an objection to FTX's Chapter 11 plan with 10 reasons why the proposed resolution for the mammoth crypto bankruptcy is flawed, including releases that are overbroad and don't carve out a high-profile data breach from their terms.

  • August 26, 2024

    CFPB Defeats Challenge To Small-Biz Lending Rules

    The Consumer Financial Protection Bureau landed an early win Monday in an industry-backed challenge to its reporting requirements for small business lenders, with a Texas federal judge finding the rule "is much more modest than plaintiffs would lead the court to believe."

  • August 26, 2024

    SEC Claims Crypto Bros. Raised Millions With Lies

    The SEC on Monday filed suit against two brothers in Georgia federal court, claiming they ran a Ponzi scheme under the guise of a crypto asset lending pool and misspent millions of dollars of investors' money, including on vehicle purchases and a penthouse condo in Miami.

  • August 26, 2024

    Crypto Lender Abra Settles SEC's Unregistered Securities Suit

    The U.S. Securities and Exchange Commission announced Monday that it's settled with the business entity behind crypto lending platform Abra over alleged failures to register its lending product.

  • August 26, 2024

    Shkreli Must Give Up Copies Of Unique Wu-Tang Clan Album

    Martin Shkreli must hand over any copies he made of a one-of-a-kind Wu-Tang Clan album while a challenge from the crypto project that holds the sole physical copy plays out, a New York federal judge ordered Monday.

  • August 26, 2024

    Telegram CEO Arrested In French Probe Of Messaging App

    The founder and CEO of messaging platform Telegram has been arrested in Paris as part of an investigation into allegations the company is complicit in illegal transactions, child pornography and organized fraud, French prosecutors said Monday.

  • August 26, 2024

    JPMorgan Cash Sweep 'Shortchanged' Customers, Suit Says

    JPMorgan Chase has been hit with a proposed class action in New York federal court alleging its securities branch "shortchanged" customers by automatically "sweeping" their uninvested cash balances into deposit accounts at its affiliate, Chase Bank.

  • August 26, 2024

    Texas Bitcoin Miner Hits Ch. 11 With More Than $50M In Debt

    Cryptocurrency miner Rhodium filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt.

  • August 23, 2024

    FDIC Says Ex-Lender Can't Have 3rd Bite At In-House Apple

    The Federal Deposit Insurance Corp. on Friday urged a Washington, D.C., federal judge to reject a former small-business financier's bid to immediately halt an agency enforcement proceeding against him, saying a key recent U.S. Supreme Court decision doesn't apply to his case.

  • August 23, 2024

    Kraken Must Face SEC's Crypto Case Over Platform Sales

    A California federal judge on Friday denied a bid by cryptocurrency exchange Kraken to ditch a U.S. Securities and Exchange Commission enforcement suit, finding the regulator plausibly alleged that "at least some" of the digital currency transactions on Kraken's online platform constitute investment contracts.

  • August 23, 2024

    SEC Awards Nearly $100M To 2 Whistleblowers

    Two whistleblowers will receive more than $98 million for providing information the U.S. Securities and Exchange Commission used to carry out an enforcement action, the agency said Friday.

  • August 23, 2024

    Crypto Founder Says SEC 'Twists' Claims To Make Suit Stick

    The cryptocurrency founder accused by the U.S. Securities and Exchange Commission of misappropriating $12 million in customer assets from an alleged billion dollars in unregistered crypto securities offerings told a Brooklyn federal judge that the regulator "twists its timelines" to tie his conduct to the U.S.

  • August 23, 2024

    PayPal Ducks Antitrust Suit Over Merchant Rules

    A California federal judge on Friday granted PayPal's motion to dismiss a proposed class action alleging the financial tech giant illegally boosts online retail prices by enforcing restrictive merchant agreements, saying the plaintiffs have failed to adequately plead that their injury "flows" from the alleged misconduct.

  • August 23, 2024

    Hong Kong Relaxes Listing Rules For Tech Startups, SPACs

    Hoping to spur more investment into emerging businesses amid a dry spell, Hong Kong's securities watchdog and stock exchange leaders on Friday unveiled relaxed listing rules for technology startups and eased requirements needed to clear mergers involving special purpose acquisition companies.

  • August 23, 2024

    CFTC Says Gemini's Appeal Bid Wouldn't Nix Need For Trial

    The Commodity Futures Trading Commission has told a New York federal judge that even if the Second Circuit found crypto exchange Gemini Trust Co. didn't have ultimate responsibility over allegedly misleading statements about a proposed bitcoin futures contract, there would still be disputed facts requiring a trial.

  • August 23, 2024

    Western Union Seeks To Toss Most Claims In $8M Breach Suit

    Western Union looks to shake off the bulk of a point-of-sales device manufacturer's $8.1 million breach of contract case, telling a Colorado federal court that much of the suit arose from purchase orders to which the financial services company hadn't been party.

Expert Analysis

  • Bracing For The CFPB's War On Mortgage Fees

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    As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What Cos. Are Reporting Under New SEC Cybersecurity Rule

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    Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.

  • Binance Ruling Spotlights Muddled Post-Morrison Landscape

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    The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • What FinCEN Proposed Customer ID Number Change Means

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    The Financial Crimes Enforcement Network's recent request for comment on changing a requirement for banks to collect full Social Security numbers at account sign-up represents an important opportunity for banks to express their preferability, as communicating sensitive information online may carry fraud or cybersecurity risks, say attorneys at Crowell & Moring.

  • At 'SEC Speaks,' A Focus On Rebuilding Trust Amid Criticism

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    At the Practising Law Institute's SEC Speaks conference last week, U.S. Securities and Exchange Commission leadership highlighted efforts to rebuild and restore trust in the U.S. capital markets by addressing investor concerns through regulatory measures and enforcement actions, emphasizing the need for cooperation from market participants, say attorneys at Perkins Coie.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • How Banks Should Respond To Calif. AG's Overdraft Warning

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    Banks and credit unions should heed recent guidance from California’s attorney general, along with warnings by consumer regulators of all stripes, regarding unfair fee practices by properly disclosing their fees and practices, and ensuring the amounts charged mirror federal benchmarks, say Brett D. Watson and Madeline Suchard at Cozen O'Connor.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Expect CFPB Enforcement To Continue Ramping Up

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    From hiring and structural changes to continuous external pressure from a variety of sources, all signs indicate that the recent rise of the Consumer Financial Protection Bureau's public enforcement activity will continue throughout the rest of the year, despite ongoing litigation that could upend everything, say attorneys at Paul Hastings.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • The Multifaceted State AG Response To New Technologies

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    In response to the growth of technologies like artificial intelligence, biometric data collection and cryptocurrencies across consumer-facing industries, state attorneys general are proactively launching enforcement and regulatory initiatives — including bipartisan investigations and new state AI legislation, say Ketan Bhirud and Emily Yu at Cozen O'Connor.

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