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Banking
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September 20, 2024
BofA, Consumers Ink Deal To End COVID Card Fraud Claims
Bank of America informed a New Jersey court on Friday it has reached a settlement in principle with three consumers who launched a proposed class action over the bank's allegedly insufficient security measures affecting prepaid debit cards for unemployment benefits during the height of the COVID-19 pandemic.
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September 20, 2024
Fed's Surprise Rate Cut Gives M&A Markets Needed Relief
Mergers and acquisitions activity is inextricably linked to borrowing costs, which means the Federal Reserve's larger than expected half-point interest rate cut could provide just the type of relief dealmakers need for a significant rebound, attorneys say.
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September 20, 2024
JPMorgan Chase Sued Again Over Cash 'Sweep' Program
JPMorgan Chase & Co. was hit with another proposed class action in California federal court claiming the bank's cash sweep investment program funnels customer funds into low-interest bearing accounts at its affiliate Chase Bank, a move that benefits the financial giant while depriving customers of the chance to earn the market-rate interest.
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September 20, 2024
BNP Paribas Plugging $5B Into Apollo-Backed Atlas
Private equity giant Apollo and its Atlas SP Partners platform, both advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Friday unveiled a strategic partnership with European Union bank BNP Paribas, led by Cadwalader Wickersham & Taft LLP, that will see the global bank plugging an initial $5 billion investment into the collaboration.
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September 20, 2024
2 SEC Commissioners Object To Whistleblower Award Secrecy
U.S. Securities and Exchange Commissioners Mark Uyeda and Hester Peirce have objected to the agency's recent decision to hand out a total of $122 million in two awards to four whistleblowers and issued a statement taking issue with the regulator's policy of saying little to nothing about why the rewards are issued.
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September 20, 2024
Silvergate Wants Activist Investor's Board Seat Play Blocked
The parent company of Silvergate Bank, a defunct bank that catered to the cryptocurrency industry, has asked the judge in its Delaware bankruptcy case to help head off what it described as an activist investor's effort to score a seat on the debtor's board so he can try to secure a payout for shareholders who are set to receive nothing under a Chapter 11 plan.
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September 20, 2024
Morgan Lewis Hires Sidley Structured Transactions Partner
Morgan Lewis & Bockius LLP announced Friday that it has hired the co-leader of Sidley Austin LLP's residential mortgage-backed securities team to further expand its structured transactions practice in New York.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 19, 2024
Wells Fargo Judge Says NDA Isn't A 'Gag' In Loan Bias Case
A California federal judge on Thursday challenged Wells Fargo's arguments seeking to prevent a former underwriter from testifying as an expert in a proposed class action claiming the bank discriminated against non-white borrowers, saying a confidentiality agreement the ex-employee purportedly signed couldn't be used as a "gag" to silence him.
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September 19, 2024
Dems Seek School Lunch 'Junk Fee' Ban After CFPB Report
A group of Democratic senators has called on the Biden administration to crack down on payment processing fees in school lunch programs, citing a recent Consumer Financial Protection Bureau report that raised concerns about the charges parents pay to fund their kids' online lunch money accounts.
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September 19, 2024
Bank Raises Contract Shield In E-Merchants' $12M Suit
Bank Pathward Financial Inc. asked a federal judge Thursday to nix claims against it in a lawsuit brought by two online merchants who alleged that the bank and its partner payment company misrepresented fees and their compliance with card network rules, saying the merchants' claims stem from a contract that clears Pathward of liability.
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September 19, 2024
CFPB's Chopra Sounds Alarm On Home Insurance 'Crisis'
Consumer Financial Protection Bureau Director Rohit Chopra called Thursday for concerted policy action to tame spiking homeowners insurance costs and said he's looking into streamlining rules on mortgage refinancing to help consumers take advantage of the Federal Reserve's shift into rate-cutting mode.
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September 19, 2024
Mich. Atty Gets 1 Year For Inflating Apartment Values
A Michigan attorney and real estate executive was sentenced Thursday to one year and a day in prison for inflating how profitable his company's apartments were, allowing him to sell them for more than $500 million.
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September 19, 2024
Potomac Law Group Adds Morgan Lewis Partner
A former Morgan Lewis & Bockius LLP real estate attorney has joined Potomac Law Group, framing the move as a strategic shift out of BigLaw amid a "sluggish" transactional environment.
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September 19, 2024
Convicted Drexel Professor Won't Get New Tax Evasion Trial
A Drexel University accounting professor was denied a new trial after being convicted on tax evasion charges for failing to report $3.3 million in income from a Trenton pharmacy, a New Jersey federal judge has ruled, reasoning that the professor's case was not prejudiced by keeping accounting records related to his tax returns from the jury.
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September 19, 2024
'Biblical Values' Firm To Pay $300K For Misleading Investors
The U.S. Securities and Exchange Commission on Thursday order Idaho-based investment adviser Inspire Investing LLC to pay a $300,000 fine on allegations it made misleading statements and failed to institute compliance measures related to the firm's execution of its "biblically responsible investing" strategy.
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September 19, 2024
Calif. Says FDIC's $20M Tax Refund Bid Must Wait
A California tax collection agency asked a New York federal court to throw out Federal Deposit Insurance Corp. claims seeking a more than $20 million tax refund on behalf of the shuttered Signature Bank, saying the agency is entitled to wait for a potential IRS audit to end.
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September 19, 2024
Puerto Rico, Navient Ink $7.7M Student Loan Forgiveness Deal
Navient Corp. has reached an agreement with Puerto Rico's attorney general to forgive at least $7.7 million in private student loans after being accused of past predatory lending to student borrowers and pervasive loan servicing failures.
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September 19, 2024
Macquarie Unit To Pay $80M To End SEC's Overvaluation Claims
A subsidiary of Australian financial services company Macquarie Group Ltd. agreed Thursday to pay the U.S. Securities and Exchange Commission nearly $80 million to settle charges it overvalued largely illiquid mortgage-backed securities and carried out cross-trades that favored certain clients over others.
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September 19, 2024
Halted DOL Fiduciary Regs Could Open Lane For SEC Action
The U.S. Securities and Exchange Commission might need to help clear up confusion about fiduciary investment advice standards in the wake of two Texas judges halting new retirement security regulations from the Labor Department, members of an SEC investor advisory committee said Thursday.
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September 19, 2024
No Coverage For Santander Shareholder Suit, Allianz Says
Allianz told a Massachusetts federal court that it doesn't owe coverage to Santander Holdings for an underlying class action brought by shareholders over the company's $2.5 billion deal to take its consumer finance entity private, arguing that multiple exclusions bar coverage for claims arising from the transaction.
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September 19, 2024
11th Circ. Asked To Revisit Coverage Ruling Over Comma
Food company owner ECB USA Inc. is asking the Eleventh Circuit to reconsider a decision clearing a Chubb insurance unit from covering a $4.2 million settlement agreement over the lack of a comma in a professional services policy, arguing the ruling misapplied New Jersey law.
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September 18, 2024
CFPB Says Fintech's Funding Challenge 'Misconstrues' Law
The Consumer Financial Protection Bureau told a California federal judge that its lawsuit accusing fintech lender SoLo Funds Inc. of falsely touting interest-free loans on its platforms should proceed despite SoLo's claims that the agency is operating with an illegal funding scheme, among other things.
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September 18, 2024
DuPont Heirs Beat ERISA Suit Over 1947 Trust At 3rd Circ.
The Third Circuit reversed a decision Wednesday and found DuPont heirs aren't liable for Employee Retirement Income Security Act violations in a dispute over who's to blame for underfunding a now-insolvent trust that was created by their grandmother in 1947 and paid the heirs and their workers retirement benefits.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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CrowdStrike Incident Highlights Third-Party Risk For Banks
The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Crypto Regs Could See A Reset Under The Next President
Donald Trump has taken a permissive policy stance favoring crypto, while Kamala Harris has been silent on the issue, but no matter who wins the presidential election, we may see a more lenient regulatory climate toward the digital currency than from the Biden administration, says Liam Murphy at McKool Smith.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Key Concerns To Confront In FDIC Brokered Deposit Proposal
Banks and fintech companies should note several fundamental issues with the Federal Deposit Insurance Corp.'s recent proposal to widen how it classifies brokered deposits, an attempt to limit prudential risk that could expose the industry and underbanked consumers who rely on bank-fintech apps to widespread unintended consequences, say attorneys at Gibson Dunn.