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Banking
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with 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 and to enter a stiffer injunction blocking the funding freeze.
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February 07, 2025
3 Firms Seek To Co-Lead Suits Over Banks' Synapse Ties
Attorneys from three firms are seeking to represent fintech customers in consolidated class claims in Colorado federal court against several banks over $85 million in funds that went missing after the failure of fintech-to-bank middleman company Synapse Financial.
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February 07, 2025
Rocket Mortgagors Say New Judge Tilted 4th Circ. Decision
Borrowers who accused Rocket Mortgage of inflating their home values have asked the full Fourth Circuit to reconsider a panel ruling that reversed their class certification, arguing that the panel only reversed course from its previous ruling because a federal judge, sitting by designation, joined the panel the second time around.
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
Feds Defend Corporate Transparency Act In 5th And 4th Circuits
The U.S. government defended the Corporate Transparency Act in the Fifth and Fourth Circuits on Friday, urging the former to reverse a Texas federal judge's nationwide injunction on the law and the latter to affirm a Virginia federal judge's rejection of a bid to block the law's enforcement.
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February 07, 2025
5th Circ. Pauses Suit Over CFPB's Small Biz Lending Rules
The Fifth Circuit on Friday paused a case challenging the Consumer Financial Protection Bureau's new small business minority data rule after the bureau's counsel was unable to argue its case following a directive ordering the agency to stop much of its work to "promote consistency with the goals of the administration."
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February 07, 2025
SPAC Market Hums Again Following Multiyear Downturn
Special purpose acquisition companies are once again asserting their presence in the capital markets and M&A landscape, forming new vehicles at the highest pace in three years — albeit in leaner form than in the last cycle, when many deals ended in busts.
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February 07, 2025
CFPB Will Mull Axing Google Payment Oversight Order
The Consumer Financial Protection Bureau has told a Washington, D.C., federal judge that its acting director will review and could rescind the agency's recent order subjecting Google's payment arm to supervision, securing a pause of the tech giant's lawsuit against the order.
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February 07, 2025
BofA, H&R Block, Others Are Sued Over Image Capture Patent
Several major banks and financial companies were hit with lawsuits in Texas federal court from CheckWizard over its image capture patent, citing the defendants' use of mobile check depositing technology.
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February 07, 2025
CFPB's Medical Debt Rule Halted For 90 Days By Texas Judge
A Texas federal judge has issued a 90-day halt on an approaching effective day for a Consumer Financial Protection Bureau rule banning medical debt from credit reports, a day after the agency's new leadership said it needed time to consider the rule trade groups have sued to end.
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February 07, 2025
9th Circ. Backs Ex-Bank Auditor's $1.5M Retaliation Suit Win
The Ninth Circuit upheld a $1.5 million jury verdict in favor of a former bank auditor who claimed he was fired for flagging evidence of wrongdoing, finding evidence suggesting he was treated differently from other workers was enough to back up the jurors' decision.
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February 07, 2025
Del.'s Quiet Ambition To Tweak Chancery, Stem Feared DExit
Anxious over claims that stockholder-tilted decisions by Delaware's Court of Chancery will trigger more companies to follow Tesla, SpaceX, Meta and Dropbox to other states, Delaware policymakers are taking a hard look at the venerable business court's processes, hoping to slow a feared rush to DExit.
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February 07, 2025
Pa. Bank Settles Fired Worker's Sex Harassment Suit
Republic First has agreed to settle a worker's suit claiming she was fired for refusing sexual advances from her manager under the pretext that she mismanaged her cash drawer, according to a filing in Pennsylvania federal court.
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February 07, 2025
Wealth Firm Latest To Be Sued Over Cash Sweep Program
Wealth management firm Osaic is the latest financial institution to face proposed class action claims over its alleged "dramatic underpayment" of interest to customers participating in its cash sweeps programs.
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February 07, 2025
Customs Broker Pleads Guilty To Wire Fraud, Tax Evasion
A customs broker pled guilty Friday in California federal court to evading $1.5 million in taxes and overcharging clients about $5.4 million in import duty fees as part of a plea agreement he reached with the U.S. Department of Justice.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Ex-Credit Union Regulator Tapped For Acting OCC Chief
The Trump administration on Friday tapped Rodney Hood, a former top federal credit union regulator, to lead the Office of the Comptroller of the Currency on an acting basis, replacing former President Joe Biden's principal national bank regulator Michael Hsu.
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February 07, 2025
Katten Real Estate Partner Joins Greenberg Traurig In Chicago
Greenberg Traurig LLP has added former Katten Muchin Rosenman LLP partner Daniel Elrod as a shareholder in its Chicago real estate practice, bringing experience advising debt funds, life insurance companies and institutional lenders on a variety of deals.
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February 07, 2025
Dozens Of Nations Join ICC In Condemning Trump Sanctions
The International Criminal Court and a group of 79 countries on Friday condemned President Donald Trump's decision to impose sanctions on the intergovernmental organization, with the ICC saying the move will "harm its independent and impartial judicial work."
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February 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.
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February 06, 2025
State AGs To Sue Over DOGE Access To Payment Systems
Over a dozen state attorneys general are set to file suit challenging Elon Musk and Department of Government Efficiency staffers' access to people's sensitive personal information through government payment systems, New York Attorney General Letitia James' office announced Thursday.
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February 06, 2025
Block's Dorsey, Others Face Derivative Suit Over AML Woes
Officers and directors of Square and Cash App parent company Block Inc. face a shareholder derivative complaint over alleged anti-money laundering compliance failures weeks after the company reached an $80 million settlement of related claims with state banking regulators.
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February 06, 2025
House GOP Floats Stablecoin Bill Amid Debanking Buzz
House Financial Services lawmakers unveiled a discussion draft of a bill to regulate stablecoins Thursday evening, joining a separate effort introduced in the U.S. Senate earlier this week.
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February 06, 2025
Illinois Judge Extends Hold On Swipe Fee Law To More Banks
An Illinois federal judge on Thursday expanded a preliminary injunction against Illinois' controversial swipe fee law, adding out-of-state banks to the list of financial institutions shielded from having to comply with the law when it takes effect later this year, while declining to add federal credit unions to the list.
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February 06, 2025
DOJ To Weigh Criminal Action Against Cos. With DEI Policies
The U.S. Department of Justice will consider bringing criminal and civil investigations against companies over their diversity, equity and inclusion policies, according to a new memorandum from Attorney General Pam Bondi.
Expert Analysis
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Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.