New York's Department of Financial Services has proposed new limits on overdraft and insufficient funds fees for banks that it regulates, positioning the state to pick up where the Biden administration left off with efforts to curb so-called junk fees.
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MONDAY, JANUARY 27, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

NY Regulator Steps Up Overdraft Fee Fight In CFPB's Wake

By Jon Hill

New York's Department of Financial Services has proposed new limits on overdraft and insufficient funds fees for banks that it regulates, positioning the state to pick up where the Biden administration left off with efforts to curb so-called junk fees.

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4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.

By Lauren Berg

A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.

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Judge Inclined To OK Visa, Mastercard $197.5M ATM Fee Deal

By Ali Sullivan

A D.C. federal judge seemed poised Thursday to give final blessing to a $197.5 million settlement resolving class action claims that Visa and Mastercard conspired with major banks to fix ATM access fees, but the judge said he needed more time to reflect on attorney fees.

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Trump Forms Crypto Working Group To Create Fed. Framework

By Aislinn Keely

President Donald Trump took another step towards fulfilling his campaign promises to the cryptocurrency industry on Thursday with an executive order that directs regulators to get to work establishing a federal framework for digital assets and prohibits the creation of a central bank digital currency.

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SEC Rescinds Controversial Crypto Accounting Guidance

By Aislinn Keely

The U.S. Securities and Exchange Commission rolled back its controversial cryptocurrency accounting guidance known as SAB 121 Thursday evening, hot on the heels of newly appointed acting Chairman Mark Uyeda's commitment to shifting the regulator toward setting clear guidelines for digital assets.

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Conflict Limits 1 Lawyer On Javice Team As Trial Date Slips

By Pete Brush

A lawyer defending Charlie Javice on charges she swindled JPMorgan Chase into paying $175 million for a financial aid startup she founded will be limited in representing her, a Manhattan federal judge said Thursday, before pushing trial back a week.

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PRACTICE GROUP OF THE YEAR

Banking Group Of The Year: Sullivan & Cromwell

By Sydney Price

Sullivan & Cromwell LLP's attorneys are advising Discover Financial Services in its historic planned merge with Capital One, steered Morgan Stanley away from criminal fines suggested by regulators, and have helped other big names bounce back from the banking crisis that rocked the industry in 2023, earning the firm a spot among the 2024 Law360 Banking Groups of the Year.

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POLICY & REGULATION

Trump Undoes Biden's AI Safeguards With Executive Order

By Rae Ann Varona

President Donald Trump on Thursday signed an executive order upending the former Biden administration's consumer and national security safeguards on artificial intelligence, saying former AI policies must be investigated to see if they thwart the new Trump administration's quest to position the U.S. as the "global leader in AI."

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Analysis

Corporate Transparency Law Remains Flanked By Threats

By Kevin Pinner

The Corporate Transparency Act is facing threats across the branches of government despite the U.S. Supreme Court pausing a nationwide injunction on it Thursday, with another universal injunction in place, other court battles underway and some Republican lawmakers targeting the law.

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Dems Cite 'Unprecedented Concerns' With Trump Memecoins

By Hailey Konnath

U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.

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Federal Agencies Must Order Full Return To Office By Friday

By Irene Spezzamonte

Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

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ENFORCEMENT & COMPLIANCE

AI Chatbot Co. CEO, Atty Spouse Indicted On $60M Fraud

By Jessica Corso

Federal prosecutors in California arrested the former CEO of an artificial intelligence company Thursday alongside his lawyer wife, accusing the duo of a $60 million fraud scheme in which they allegedly lied to investors about the company's financial state and diverted funds to pay for their wedding.

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PayPal To Pay $2M To NY Regulator In Cybersecurity Deal

By Katryna Perera

PayPal agreed on Thursday to pay a $2 million fine to the New York State Department of Financial Services to resolve allegations that it failed to use qualified personnel to manage key cybersecurity functions and failed to provide proper training to address cybersecurity risks, resulting in sensitive customer information being vulnerable to hackers.

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LITIGATION

Wells Fargo Workers Score Class Cert. In Stock Option Suit

By Emilie Ruscoe

Former employees of Wells Fargo & Co. have received certification for their proposed class in litigation in Minnesota federal court alleging the bank used dividends earned by its employee stock ownership fund to defray its 401(k) matching obligations.

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Wells Fargo Prevails In $25M Mortgage Default Dispute

By Isaac Monterose

A Pennsylvania state court sided with Wells Fargo in a foreclosure suit accusing a Philadelphia property owner of defaulting on a nearly $25 million mortgage loan, finding the owner failed to abide by the loan agreement.

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Shift4 Gets Accounting Practices Investor Suit Axed For Good

By Katryna Perera

In an opinion permanently dismissing a class action against Shift4 Payments Inc., a Pennsylvania federal judge rhetorically asked what changed from the first amended complaint that accused the payment processing company of engaging in questionable accounting practices to keep its stock price afloat.

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Chinese Ride Co. Ordered To Produce Regulator Testimonies

By Sydney Price

A New York federal judge ordered Chinese ride-hailing giant Didi Global Inc. to provide testimony about its interactions with Chinese regulators before its 2021 initial public offering, rejecting the company's claim that Chinese law prevents disclosure.

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PEOPLE

BNY Financial Crimes Lead Joins Fox Rothschild In Pittsburgh

By James Boyle

The former deputy head of financial crimes at Bank of New York Mellon Corp. has recently left the company after nearly four years to join Fox Rothschild LLP's litigation team in the firm's Pittsburgh office.

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EXPERT ANALYSIS

California's New Homeowner Law Could Hamper Foreclosures

While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.

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Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

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LEGAL INDUSTRY

Analysis

Companies Risk White House Wrath By Keeping DEI Programs

By Sarah Jarvis

For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.

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Law Students Scramble As Federal Gov't Yanks Job Offers

By Alison Knezevich

Law students across the country are scrambling to figure out their next steps after a range of federal agencies yanked job and internship offers this week because of the new hiring freeze imposed by the Trump administration.

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Mass Tort Atty Files Ch. 11 Owing $202M To Litigation Funders

By Hilary Russ

A Houston plaintiffs attorney has filed for personal Chapter 11 protection with more than $202 million of litigation funding liabilities, according to his petition in the Southern District of Texas.

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Feud Heats Up Over Estate Of Wife Killed By Ex-BigLaw Atty

By Emily Johnson

The godson of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, has said her cousins shouldn't get proceeds from a settlement of an underlying wrongful death suit, calling them "strangers" to her and claiming "the redistributive windfall" they're asking for "has no place in Georgia law."

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Boston Firm Says IT Vendor Holding Computers 'Hostage'

By Julie Manganis

Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Phillips Black Inc., Ridley McGreevy & Winocur PC and King & Spalding LLP lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court revived claims from a woman on death row in Oklahoma that prosecutors unfairly sex-shamed her and relied on gender-based stereotypes to convince a jury that she had killed her estranged husband for insurance money.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A new Law360 Pulse survey shows that more than 90% of in-house counsel have no regrets about their decisions to join companies. In litigation stemming from Purdue Pharma's sales of OxyContin that fueled the opioid crisis, the Sackler family would lose control of Purdue and pay $6.5 billion in the latest proposed settlement. These are some of the stories in corporate legal news you may have missed in the past week.​

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen Axa Insurance and Admiral face a claim from a former lawyer recently exposed for personal injury fraud, the owner of Reading Football Club sue a prospective buyer and mobile network Lycamobile tackle action by Spanish network Yogio. Here, Law360 looks at these and other new claims in the U.K.

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COMPANIES IN TODAY'S NEWS

AT&T Inc.

AlphaSense

AlphaSights Ltd.

Amazon.com Inc.

American Airlines Group Inc.

American Federation of Government Employees

Apple Inc.

Armadillo Financial Partners LLC

BNP Paribas SA

Bank of America Corp.

British Broadcasting Corp.

Burford Capital LLC

Chevron Corp.

Compagnie Financière Tradition

Costco Wholesale Corp.

DHL International GmbH

Discover Financial Services Inc.

Duquesne University

EJF Capital LLC

Entergy Corp.

Exxon Mobil Corp.

FCA US LLC

Financial Accounting Standards Board

First Bank (Hamilton, NJ)

First Republic Bank

Fulton Financial Corp.

GLS Capital LLC

George Washington University

Google LLC

GreatBanc Trust Co.

Investments Ltd.

J.C. Penney Co. Inc.

JPMorgan Chase & Co.

Johnson & Johnson

LinkedIn Corp.

Macy's Inc.

MasterCard Inc.

McDonald's Corp.

Mediterranean Shipping Co. SA

Meta Platforms Inc.

Morgan Stanley

National Basketball Association Inc.

National Hockey League

National Westminster Bank PLC

New York Community Bancorp Inc.

Omnicom Group Inc.

Paypal Holdings Inc.

Pinterest Inc.

Pioneer Natural Resources Co.

Public Citizen Inc.

Purdue Pharma LP

Redwood Holdings LLC

Rocade LLC

Rocket Mortgage LLC

Royal Mail Group PLC

SVB Financial Group

Samsung Electronics Co. Ltd.

Shift4 Payments LLC

Sonos Inc.

Tesla Inc.

The Bank of New York Mellon Corp.

The Interpublic Group of Cos. Inc.

The State University of New York

Thryv Inc.

TikTok Inc.

TransUnion LLC

Trump Organization Inc.

Twitter Inc.

U.S. Chamber of Commerce

Visa Inc.

Walmart Inc.

Wells Fargo & Co.

White Castle Management Co.

LAW FIRMS IN TODAY'S NEWS

Adams & Reese

AkinMears

Altshuler Berzon

Arnold & Porter

Bailey & Glasser

Ballard Spahr

Barack Ferrazzano

Baum O’Connor

Bird & Bird

Bordas & Bordas

Braverman Kaskey

Brown Rudnick

Burges Salmon

Burns White

Cheeley Law Group

Clement & Murphy

Clyde & Co

Cohen Milstein

Covington & Burling

Cravath Swaine

DiCello Levitt

Eimer Stahl

Eversheds Sutherland

Faegre Drinker

Farella Braun

Feinberg Jackson

Fish & Richardson

Fisher & Phillips

Fitzpatrick Lentz

Fox Rothschild

Freeman Mathis

Gaslowitz Frankel

Gibson Dunn

Gillam Smith

Glancy Prongay

Goodwin Procter

Gordon Arata

Gunderson Dettmer

Gupta Wessler

Hagens Berman

Hilgers Graben

Hogan Lovells

Howes Percival

Jones Day

Kean Miller

Kemmer Law

King & Spalding

Kirkland & Ellis

Kleinbard LLC

Knobbe Martens

Kobre & Kim

Latham & Watkins

Lipsitz Green

Liskow & Lewis

Lodders Solicitors

Mayer Brown

McGuireWoods

Mehri & Skalet

Melick & Porter

Mintz Levin

Morrison Foerster

Nichols Kaster

Niemeyer Grebel

Outten & Golden

Paul Weiss

Phillips Black Inc

Pillsbury Winthrop

Pomerantz LLP

Proskauer Rose

Quinn Emanuel

Reynolds Porter

Ridley McGreevy

Robin Frazer Clark PC

Rosen Law Firm PA

Sacks Weston

Schall Law

Selendy Gay

Severson & Werson

Shapiro Arato

Sidley Austin

Simpson Thacher & Bartlett LLP

Skadden Arps

Snell & Wilmer

Stanley Reuter

Steptoe LLP

Sullivan & Cromwell

Susman Godfrey

Travers Smith

Troutman

Venable LLP

Weinberg Roger

WilmerHale

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Commodity Futures Trading Commission

Commonwealth of Massachusetts

Companies House

Consumer Financial Protection Bureau

Cyberspace Administration of China

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Export-Import Bank of the United States

Federal Bureau of Prisons

Federal Deposit Insurance Corp.

Federal Reserve System

Federal Trade Commission

Financial Crimes Enforcement Network

Financial Ombudsman Service

Georgia Court of Appeals

Georgia Supreme Court

Internal Revenue Service

Japan Patent Office

National Economic Council

National Labor Relations Board

New York Department of Financial Services

Office of Federal Contract Compliance Programs

Peace Corps

The Crown Prosecution Service

U.S. Air Force

U.S. Attorney's Office for the Northern District of California

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Minnesota

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Drug Enforcement Administration

U.S. Government Accountability Office

U.S. Office of Government Ethics

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court

US Office of Management and Budget

United Nations