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Banking
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March 03, 2025
Ramey Dodges Fees After Losing Virtual Payment Patent Suit
A Texas federal judge has thrown out a patent infringement lawsuit against a San Antonio bank after finding "no plausible allegation of infringement of any type," while rejecting a request to make William Ramey III of Ramey LLP, the prolific plaintiffs patent lawyer, pay the bank's legal fees.
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March 03, 2025
Credit Bureaus Look To Duck Renewed Medical Debt Claims
Equifax, Experian and TransUnion asked a California federal judge Monday to toss an updated case accusing the credit reporting agencies of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports.
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March 03, 2025
FDIC Beats Bank's Constitutional Fight Over In-House Judges
A Kansas federal judge tossed on Monday a local bank's constitutional challenge to administrative law judges presiding over the Federal Deposit Insurance Corp.'s $20.5 million anti-money laundering enforcement proceeding against the bank, ruling that the district court does not have the jurisdictional authority to hear the bank's Seventh Amendment claims.
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March 03, 2025
Transparency Law Flouts Biz Owners' Privacy, Judge Says
A Michigan federal judge on Monday ruled the Corporate Transparency Act's beneficial ownership reporting requirements constitute an unreasonable intrusion into business owners' privacy, shortly after the U.S. Department of the Treasury said it was suspending enforcement of the embattled law.
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March 03, 2025
Conn. Justices Set New Atty Duty In Deathbed Will Dispute
Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.
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March 03, 2025
Fed. Circ. Tosses Appeal In Card Payment Patent Dispute
The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.
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March 03, 2025
Trump Admin Defends Right To Send DOGE Into Agencies
A group of unions is trying to limit the president's right to oversee the executive branch by claiming that Elon Musk's Department of Government Efficiency can't access agencies' computer systems, the Trump administration told a D.C. federal judge, asking him to nix the unions' injunction bid.
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March 03, 2025
SEC's Peirce Taps Ex-Willkie Partner For Crypto Task Force
The U.S. Securities and Exchange Commission has hired a former Willkie Farr & Gallagher LLP partner into a leadership role in its new task force created to transform the agency's approach toward the cryptocurrency industry.
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March 03, 2025
NC Hotel Developer Hits Ch. 11 After Defaulting On $17M Loan
A North Carolina hotel developer embroiled in a $17 million lawsuit over a defaulted loan to build a Hyatt hotel near the Asheville airport filed for bankruptcy on Sunday, reporting assets and liabilities between $10 million and $50 million.
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March 03, 2025
Convicted Drexel Professor Gets 2 Years For Tax Evasion
A Drexel University accounting professor convicted on tax evasion charges for failing to report $3.3 million in income from a Trenton, New Jersey, pharmacy was sentenced to two years in federal prison on Monday, according to acting U.S. Attorney Vikas Khanna.
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March 03, 2025
Accounting Firm Wants Out Of Fired Credit Union CEO's Suit
A Connecticut credit union's former chief executive officer has no standing to sue accounting firm Whittlesey PC after following its financial advice allegedly got him fired because he was never its client to begin with, according to a dismissal bid the firm filed in state court.
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March 03, 2025
TD Bank Hit With Customer Suit Over Data Breach
TD Bank was hit with a proposed class action from a customer alleging that the bank's lax data and privacy controls allowed an ex-employee to improperly access sensitive customer information two and a half years ago.
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March 03, 2025
Treasury Halts Enforcement Of Corporate Transparency Act
The U.S. Treasury Department won't enforce the Corporate Transparency Act on U.S. businesses and will change regulations so it only applies to foreign companies registered stateside, according to an announcement that activists said invites criminals into the U.S. and lawyers said could provoke judicial scrutiny.
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March 03, 2025
Former SDNY Top Prosecutor Kim Returns To Private Sector
Veteran white-collar defense lawyer Edward Kim, who most recently served as acting U.S. attorney for the Southern District of New York, said Monday he is returning to the firm he founded, Krieger Lewin LLP, which will be known as KKL.
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March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement
Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
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February 28, 2025
Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say
The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.
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February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege
Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
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February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up
The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
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February 28, 2025
SEC, Ex-Silvergate CFO Trade Shots Over Enforcement Case
The U.S. Securities and Exchange Commission on Friday urged a New York federal court not to throw out its claims that the former chief financial officer of defunct crypto-focused bank Silvergate Capital concealed the bank's rocky financial position, saying that the executive is mischaracterizing its claims.
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February 28, 2025
Trump Admin Cuts Raise Trade Secret Security Concerns
As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
BofA Customer Gets Class Cert. In Revived ATM Fee Dispute
A class of account holders who allege Bank of America breached a contract by charging out-of-network fees for balance inquiries at certain ATMs can now proceed with claims as a class after their initial attempt at certification was denied.
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February 28, 2025
FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B
A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.
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February 28, 2025
Mich. Justices Reject Credit Suisse's NOL Carryforward Bid
The Michigan Supreme Court on Friday denied Credit Suisse's bid to appeal a lower court's decision that barred the bank from straying from the federal method of determining taxable income to carry forward $21.3 million in losses on its state returns.
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February 28, 2025
Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told
UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Insights For Finance Firms, Regulators From House AI Report
Though a U.S. House of Representatives report encourages the financial sector to embrace artificial intelligence tools, its focus on ensuring high-quality datasets, transparent development and equitable access underscores that firms and regulators must strike a delicate balance between technological innovation and responsible implementation, says Brendan Palfreyman at Harris Beach.
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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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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.