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Banking
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January 06, 2025
Terraform Victims May Exceed 1M, Feds Say In Notice Request
The U.S. Department of Justice on Monday asked a Manhattan federal judge for permission to issue a public notice to notify potential victims of defunct cryptocurrency firm Terraform Labs' creator Do Kwon's alleged $40 billion fraud, saying there are too many victims — potentially more than one million — to do individual outreach.
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January 06, 2025
CFPB Sues Berkshire-Owned Lender Over 'Risky' Home Loans
The Consumer Financial Protection Bureau filed suit Monday against a lending arm of Clayton Homes Inc., the Berkshire Hathaway-owned builder of manufactured homes, accusing it of underwriting failures that stuck vulnerable borrowers with unaffordable loans.
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January 06, 2025
Fed's Barr To Step Down As Supervision Head Next Month
Federal Reserve Vice Chair for Supervision Michael S. Barr announced Monday that he will step down from his current role next month, a reversal that paves the way for President-elect Donald Trump to appoint his own head of the central bank's oversight of big banks and regulatory policymaking.
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January 03, 2025
Dallas Fed Hit With Discrimination Suit From Ex-Employee
The Federal Reserve Bank of Dallas has been sued by a former employee who says he was discriminated against and terminated due to his race, skin color and age after complaining to management about himself and other employees of color receiving unfair performance ratings from their supervisor, who is white.
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January 03, 2025
CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules
The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.
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January 03, 2025
CFPB Flags Concerns About Workplace Collections Calls
The Consumer Financial Protection Bureau has urged federal and state counterparts to "be on the lookout" for companies that call people at work in pursuit of past due debts, a practice the agency said can be unlawful and may need further legislative attention.
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January 03, 2025
Justices Urged To Review Late-Found Fraud, Int'l IP Damages
The winner of a $6.6 million patent infringement verdict is asking the U.S. Supreme Court to review the Federal Circuit's refusal to increase those damages, saying the court set an improper standard for introducing fraud evidence discovered post-trial and overstepped when making unbriefed decisions on foreign damages.
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January 03, 2025
FDIC 'Pause' Letters Focused On Banks' Crypto Activity
The Federal Deposit Insurance Corporation directed banks to pause the development of certain crypto products and services in 2022 but stopped short of scrutinizing banks' decisions to provide traditional services to crypto-focused customers, according to documents released by the regulator on Friday.
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January 03, 2025
Student Loan Servicer Gets CFPB Deal Paused Amid Appeal
Student-loan servicer Pennsylvania Higher Education Assistance Agency can pause its work on fulfilling a settlement with the Consumer Financial Protection Bureau while an appeal to the Third Circuit of an "intertwined" settlement with the loan holders plays out, a federal judge ruled Friday.
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January 03, 2025
Outcome Execs Say Ill. Judge Should End Restitution Process
Outcome Health's former executives say the Illinois federal judge working to calculate how much they should repay investors following their fraud conviction should end the "largely academic" exercise because prosecutors haven't shown financial loss, and other repayment avenues remain open.
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January 03, 2025
PayPal's Minority Program Biased Against Asians, Suit Says
A lawsuit filed in New York federal court alleges that PayPal's $535 million investment program for Black- and minority-led businesses is racially biased against Asian Americans and violates federal civil rights laws.
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January 03, 2025
Victims Say Crypto Isn't Money, Safeco Must Cover Hack
A Washington couple is accusing Safeco Insurance Co. of illegally refusing coverage for $600,000 in cryptocurrency stolen by hackers, saying in a complaint removed to Seattle federal court on Thursday that the tokens should be classified as personal property, not money, which has a $250 loss limit on the pair's homeowners' policy.
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January 03, 2025
Bank's Refund Doesn't End Proposed Class Action Over Fees
A bank's "apparent attempt" to "pick off" a plaintiff in a proposed class action by refunding overdraft fees that are the basis for the complaint "will not be permitted," a Massachusetts judge said in denying the bank's bid to dismiss the case.
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January 03, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.
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January 02, 2025
Murdaugh Hit With $15M Tab In Insurance Case Set For Trial
A South Carolina federal judge hit ex-lawyer and convicted murderer Alex Murdaugh with a $14.8 million default judgment Thursday in favor of Nautilus Insurance Co., days before the insurer is set for trial against another lawyer and law firm who allegedly should have known about Murdaugh's insurance fraud.
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January 02, 2025
Ex-Bank Chair Asks 7th Circ. To Halt FDIC Enforcement Order
An Illinois community bank's onetime chairman has asked the Seventh Circuit for an emergency stay of professional sanctions ordered by the Federal Deposit Insurance Corp. after an in-house proceeding that he argues was unconstitutional and wrongly decided.
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January 02, 2025
9th Circ. Partly Revives Casino ATM Contract Dispute, Again
A unanimous panel of the Ninth Circuit partially reversed a bench trial verdict Thursday in two merchant service companies' dispute, in which a payment processor alleged a business it partnered with breached their contract by failing to adapt to chip-based credit card technology by a key deadline, reinstating the case for a second time.
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January 02, 2025
Barclays To Pay $1M Fine Over Net Capital Rules Violations
The Financial Industry Regulatory Authority has fined Barclays Capital $1 million to settle claims that the investment bank violated certain requirements of the self-regulatory organization's net capital rules between 2020 and 2021.
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January 02, 2025
DOJ Joins FTC Suit Against Fintech Lender Dave
The U.S. Department of Justice has taken the reins in the Federal Trade Commission's suit against fintech app Dave and added its CEO as a defendant, while the mobile banking platform decried the updated complaint as "a continued example of government overreach."
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January 02, 2025
Citi Unit Fined Over Analysts Who Didn't Take FINRA Exam
Citigroup Global Markets Inc. has agreed to pay $100,000 to resolve Financial Industry Regulatory Authority claims that three of its municipal securities research analysts authored hundreds of research reports without having taken their subject area's required exam.
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January 02, 2025
Republicans Want Yellen To Answer For Chinese Cyberattack
Congressional Republicans want U.S. Treasury Secretary Janet Yellen to explain how a Chinese state-sponsored entity hacked into Treasury's computer systems and accessed potentially sensitive information.
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January 02, 2025
Feds Ask High Court To Unpause Corporate Transparency Law
The federal government is asking the U.S. Supreme Court to lift a Texas judge's injunction against the Corporate Transparency Act, telling the justices in a new application that the 2021 anti-money laundering law's compliance deadlines should take effect while the Fifth Circuit hears the full case.
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January 02, 2025
Real Estate Investor Gets 2 Years For Mortgage Fraud Scheme
A New Jersey real estate investor was sentenced to two years in federal prison on Thursday for his role in a multiyear conspiracy to defraud Fannie Mae by getting the company to purchase or fund millions in mortgage loans.
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January 02, 2025
Crypto Scam Victim Says Fraudsters' Banks Ignore Red Flags
A California man who says he lost nearly a million dollars to a crypto "pig butchering" scam sued the alleged fraudsters and their banking partners, claiming the financial institutions ignored red flags and failed to conduct basic checks that would have revealed the scammers' actual business.
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January 02, 2025
UBS To Pay $1.1M FINRA Fine Over Trade Confirmation Flubs
UBS Financial Services has agreed to pay the Financial Industry Regulatory Authority $1.1 million to settle claims that it failed to meet regulatory requirements for trade confirmations for over a decade.
Expert Analysis
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Expect Continuity In 2025 Anti-Money Laundering Policy
The past year has seen a range of anti-money laundering actions from federal financial regulators, and notwithstanding the imminent change from the Biden administration to the Trump administration, continuity may be more prevalent than change in the AML compliance space in 2025, say attorneys at White & Case.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Strategies For Home Equity Investment Providers In 2025
The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.