Fintech

  • August 01, 2024

    CORRECTED: Estonians Extradited In $575M Crypto Fraud Case Win Bail

    A Washington federal judge has allowed two Estonian men to be released on bail backed by $5 million bonds after they were extradited to Seattle to face criminal charges that they operated cryptocurrency and money laundering schemes worth $575 million.

  • July 31, 2024

    Trade Secrets Cases To Watch In 2024: A Midyear Report

    A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.

  • July 31, 2024

    Report Finds Uptick In AI-Related Shareholder Suits

    Class action lawsuits accusing companies of deceiving investors about their artificial intelligence capabilities are on the rise this year while the previously trendy areas of shareholder litigation against cryptocurrency companies and special purpose acquisition companies have fallen significantly, according to a Wednesday report from Cornerstone Research.

  • July 31, 2024

    PayPal Alum Joins Forensic Consultancy As Crypto Leader

    Compliance consultancy and investigations firm Forensic Risk Alliance said Wednesday that it's hired an alum of PayPal and Paxos to direct its global cryptocurrency investigations and compliance practice.

  • July 31, 2024

    DraftKings Closes NFT Platform Over 'Legal Developments'

    DraftKings has announced that it is shuttering its nonfungible token marketplace due to "recent legal developments," with the decision coming weeks after a Massachusetts federal judge permitted a proposed securities class action involving the marketplace to move forward.

  • July 31, 2024

    Dutch Regulators OK Freshfields-Guided Asset Exchange

    A Dutch digital asset exchange is touting itself as the first widely accessible and regulated crypto derivatives exchange in Europe after receiving a license from the government of the Netherlands, aided by the guidance of Freshfields Bruckhaus Deringer LLP, the firm has announced.

  • July 31, 2024

    Copyright Office Warns Of 'Urgent Need' For Deepfakes Law

    The U.S. Copyright Office said Wednesday that "there is an urgent need" for new federal legislation to tackle the proliferation of deepfakes created through artificial intelligence, saying in a long-awaited report with recommendations to Congress that "an era of sophisticated digital replicas has arrived."

  • July 31, 2024

    White & Case Hires Ex-Latham IP Partner In DC

    White & Case LLP has hired a Latham & Watkins LLP partner, who spent the majority of his career with his prior firm, representing clients in a range of intellectual property-related matters, the firm announced Wednesday.

  • July 30, 2024

    FDIC Moves To Revamp Brokered Deposit Regs In Policy Push

    The Federal Deposit Insurance Corp. on Tuesday unveiled a proposal that would subject more bank deposits to heightened regulation as "brokered" funds, outlining new rules that the agency pitched as addressing risks highlighted by failures of firms like First Republic Bank and Voyager, a crypto lender.

  • July 30, 2024

    FTX Users Say Sullivan & Cromwell Must Face Abetting Claims

    FTX customers told a Florida federal judge on Tuesday that Sullivan & Cromwell LLP can't dismiss customer claims it aided and abetted the defunct cryptocurrency exchange's fraud as "speculative allegations" when the customers' complaint "paints a much more detailed and nefarious picture."

  • July 30, 2024

    FTX Exec Gets Prison Report Date Delayed After Dog Attack

    A New York federal judge on Tuesday allowed ex-FTX executive Ryan Salame to delay his surrender date to begin his prison term from August to October, as he was forced to undergo medical treatment and surgery after being mauled by a German shepherd while visiting a friend's house last month.

  • July 30, 2024

    Feds, SEC Say Creator Of Crypto Co. BitClout Misled Investors

    Federal prosecutors and the U.S. Securities and Exchange Commission announced parallel actions Tuesday against the founder of crypto project BitClout for allegedly duping investors and spending millions of proceeds for his own benefit.

  • July 30, 2024

    Crypto Groups Say Loper Bright Defeats SEC Dealer Rule

    The crypto industry groups fighting U.S. Securities and Exchange Commission regulations that could force some of their members to register with the agency as securities dealers are arguing that the U.S. Supreme Court's recent abandonment of Chevron deference bolsters their argument that the SEC lacked the authority to expand its definition of dealer. 

  • July 30, 2024

    SF Fed Tells 9th Circ. Banks Not Entitled To Master Accounts

    The San Francisco Federal Reserve Bank told the Ninth Circuit that it was not obligated to give a master account to an Idaho trade finance fintech, arguing federal law does not make these payment system gateways available to everyone regardless of risk.

  • July 30, 2024

    SEC Asks To Amend Token Claims In Binance Complaint

    The U.S. Securities and Exchange Commission told a D.C. federal court that it plans on amending its claims concerning third-party tokens that traded on crypto exchange Binance's platform, according to a Tuesday status update in the enforcement suit.

  • July 30, 2024

    AI Dominance In Startup Funding Has Small Biz Concerned

    Except for funding for artificial-intelligence startups, early-stage companies are struggling to raise capital amid higher interest rates and lean markets for initial public offerings and mergers and acquisitions, members of a small business-focused panel advising the U.S. Securities and Exchange Commission said Tuesday.

  • July 30, 2024

    Virginia Appeals Court Tosses Record $2B Trade Secrets Verdict

    The Court of Appeals of Virginia on Tuesday reversed Appian Corp.'s $2 billion trade secrets judgment against competitor Pegasystems Inc., saying that the trial court made a series of errors on its way to the biggest jury award in state history and that a new trial was warranted.

  • July 29, 2024

    CFPB Cites Thomas In New Bid To Transfer Late Fee Rule Suit

    The Consumer Financial Protection Bureau on Monday took another whack at getting an industry-backed legal challenge to its $8 credit card late fee rule transferred from Texas federal court to Washington, D.C., this time drawing on U.S. Supreme Court Justice Clarence Thomas for a little rhetorical help.

  • July 29, 2024

    8th Circ. Urged To Ax FDIC's Multiple NSF Fee Guidance

    Minnesota state bankers have urged the Eighth Circuit to uphold their challenge to Federal Deposit Insurance Corp. guidance conscribing the use of non-sufficient funds fees, arguing a Minnesota federal judge was wrong to reject their case as premature.

  • July 29, 2024

    NFT Artists Bring Preemptive SEC Suit To Protect Artwork

    Two NFT artists sued the U.S. Securities and Exchange Commission in Louisiana federal court on Monday to protect their forthcoming nonfungible token projects from a potential enforcement action, with the artwork itself seeking to highlight a perceived regulatory overreach into NFTs.

  • July 29, 2024

    CFPB Says Lease-To-Own Co. Acima Misled Vulnerable Users

    Lease-to-own fintech company Acima had customers paying more than twice the retail price of home goods by deceptively locking them into high-cost "virtual rent-to-own" financing plans, the Consumer Financial Protection Bureau alleged in a new lawsuit filed Friday in Utah federal court.

  • July 29, 2024

    2nd Circ. Won't Revive Crypto Org.'s NYT Defamation Suit

    The Second Circuit refused to revive a Zurich-based cryptocurrency nonprofit's claims that The New York Times conspired with an analytics firm to defame the nonprofit, ruling Monday that the nonprofit had failed to show it was knowingly and recklessly misrepresented.

  • July 29, 2024

    MoneyGram Opposes CFPB, NY's 'Futile' Bid To Bolster Case

    MoneyGram told a New York federal judge that the state and federal regulators' bid to update their complaint against the remittance service is a "bad faith attempt" to "salvage" a case that should either be transferred to MoneyGram's home district of Texas or tossed entirely.

  • July 29, 2024

    TikTok Loses Bid To Have Chinese Co. Identify Trade Secrets

    A California federal court has denied TikTok's bid to force Beijing Meishe Network Technology Co. Ltd. to further identify trade secrets in a complaint that accuses the social media platform of stealing them, with the judge saying that the suit includes enough information for now and that discovery should proceed quickly.

  • July 29, 2024

    White Collar Update: 4 Developments To Watch

    White-collar lawyers are on the lookout for U.S. Department of Justice actions targeting artificial intelligence "snake oil," aggressive pandemic-relief fraud prosecutions, and carrots for corporations and whistleblowers who expose misconduct. Here's a look at some key developments to watch in the second half of 2024.

Expert Analysis

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Employers, Prep For Shorter Stock Awards Settlement Cycle

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    Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • Basics Of Bank Regulators' Push For Discount Window Use

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    As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • Bank Secrecy Act Lessons For Casinos After DOJ Settlements

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    The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.

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