Banking

  • November 25, 2024

    Colo. Law Could Imperil Dual Banking System, 10th Circ. Told

    Texas, Utah and other Republican-led states have joined industry calls for the Tenth Circuit to affirm a court-ordered hold on a Colorado law targeting higher-cost online lending, warning the measure could lead to the unraveling of the dual banking system.

  • November 25, 2024

    TMX Moves For Emergency Block On $52M Pa. Fine Hearing

    An affiliate of TMX Finance asked a Texas federal court to pause Pennsylvania regulators' efforts to enforce the state's anti-usury laws against it, claiming it faced a "Hobson's choice" of responding to an enforcement proceeding whose legality was being questioned, or waiving its arguments and facing a $52.7 million fine.

  • November 25, 2024

    Calif. Board Seeks Comment On AI Rules Amid Pushback

    The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.

  • November 25, 2024

    7th Circ. Says Schwab Race Bias Suit Filed Too Late

    The Seventh Circuit said a Black call center worker can't revive her suit claiming Charles Schwab blocked her from career advancements because of her race, ruling that an attorney's error led her to file the case too late, preventing the court from granting her any leeway.

  • November 25, 2024

    4th Circ. Stands By HELOC 'Offset' Ruling Against PNC

    The full Fourth Circuit has declined to reconsider a panel decision that extended protections under the Truth In Lending Act by barring banks from dipping into a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent.

  • November 25, 2024

    TD Ameritrade Urges High Court To Reject Patent Case

    TD Ameritrade said there is no reason for the U.S. Supreme Court to review a Federal Circuit decision in its favor in high-stakes litigation over computerized banking patents, pushing back at arguments that the justices should look at the circuit court's one-line orders in patent cases.

  • November 25, 2024

    J.S. Held Acquires Forensic Accounting Firm Luttrell Wegis

    J.S. Held, a global consulting firm, has acquired Lutrell Wegis LLP, a California-based forensic accounting and business valuation firm, in a move one of the new company's co-founders said will strengthen their companies' capabilities.

  • November 25, 2024

    Feds Violated Atty-Client Rules, Tax Evasion Defendant Says

    A Brazilian-American businessman accused of using Swiss bank accounts to hide $20 million from the Internal Revenue Service asked a Florida federal court to dismiss all the charges against him, saying federal prosecutors improperly gained access to information protected by attorney-client privilege.

  • November 25, 2024

    SDNY's Williams To Resign Before Trump Takes Office

    Manhattan U.S. Attorney Damian Williams said Monday he will resign Dec. 13, clearing the way for President-elect Donald Trump's nominee, former U.S. Securities and Exchange Commission chair Jay Clayton, to run the office next year.

  • November 22, 2024

    Pam Bondi's 'Greatest Hits' As Florida Attorney General

    In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.

  • November 22, 2024

    PayPal Wants Renewed Suit Over Merchant Rules Tossed

    PayPal on Thursday urged a California federal court to again throw out a proposed class action claiming it illegally boosts online retail prices with its restrictive merchant agreements, arguing that the latest version of the complaint doesn't fix any of the issues flagged by the court.

  • November 22, 2024

    'The Future Of Wells Fargo' Sues For Sex Discrimination

    Wells Fargo's former global head of resiliency and continuity sued for gender discrimination in New York federal court on Thursday, saying that despite once being celebrated as "the future of Wells Fargo," her boss repeatedly favored male employees over her and other female employees.

  • November 22, 2024

    DACA Recipient Accuses KeyBank Unit Of Immigration Bias

    A KeyBank-owned student loan refinancing and consultation unit was hit with a proposed class action by a Deferred Action for Childhood Arrivals recipient claiming the company uses immigration status as a basis to reject potential customers. 

  • November 22, 2024

    Service Fees Not 'Incidental' To Debt Collection, 11th Circ. Told

    Ocwen Loan Servicing LLC urged the Eleventh Circuit on Friday to reverse two Florida lower court judgments finding it violated debt collection practices with a fee to process phone or internet payments, saying it's not an illegal "incidental" charge because the borrower is paying for an optional service.

  • November 22, 2024

    Trump Taps Hedge Fund Billionaire Bessent To Head Treasury

    President-elect Donald Trump on Friday announced that he's selected Scott Bessent, a billionaire hedge fund manager and the founder of Key Square Group, to serve as secretary of the Treasury in his upcoming administration.

  • November 22, 2024

    Capital One 'Abuses' Cast Pall Over Discover Deal, Dems Say

    As the Biden administration winds down with Capital One's bid to buy Discover Financial still pending, progressive Democrats led by Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez are putting renewed pressure on federal bank regulators reviewing the deal.

  • November 22, 2024

    Dems Introduce Foreign Work Disclosure Bill For WH Picks

    Two Democratic lawmakers introduced a bill that would require presidential nominees to disclose any past work they've done for foreign governments, citing concerns that past nominees had potential conflicts of interest.

  • November 22, 2024

    Crypto Lobby Asks Trump, Congress To Prioritize Rulemaking

    Crypto industry group Blockchain Association sent a letter to President-elect Donald Trump and members of Congress on Friday detailing what the industry feels should be immediate priorities for the next administration, including implementing a regulatory framework for digital assets and installing more crypto-amenable agency heads.

  • November 22, 2024

    Debt Collector Awakened Illegal 'Zombie Loans,' Suit Says

    Real Time Resolutions Inc., a debt collection company, is facing a new proposed class action from two North Carolina homeowners, who have accused it of assessing an illegal interest on their mortgage that was charged off more than a decade ago.

  • November 22, 2024

    Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.

    U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.

  • November 22, 2024

    Fed Bans Ex-CEO Of Bank Felled By Crypto Scam

    The former CEO of Kansas' now-shuttered Heartland Tri-State Bank has been banned by the federal government from being a part of the banking industry after stealing $47.1 million from the bank to give to cryptocurrency scammers, leading his bank to fail.

  • November 22, 2024

    Lender Can't Arbitrate Fired Worker's Suit Over Cancer Leave

    A California appeals court upheld a trial court's order that a mortgage lender cannot arbitrate a worker's suit alleging she was wrongfully fired after a cancer diagnosis, ruling the former employee cast enough doubt about the signature on the deal to keep her case in court.

  • November 21, 2024

    Citibank Says Bankers Took Info On Its Atty Clients To Rival

    Citibank NA on Wednesday accused two of its former bankers of jumping ship to instead work for competitor Bank of Montreal — and with confidential information regarding Citibank law firm and attorney clients, according to a suit filed in California federal court.

  • November 21, 2024

    FDIC's 'Hot Money' Revamp Gets Bank, Fintech Cold Shoulder

    Banking and fintech lobbyists are calling on the Federal Deposit Insurance Corp. to scrap its proposal to overhaul rules on brokered deposits, also known as "hot money," arguing the effort represents a step backward for the industry that would raise costs for everyone.

  • November 21, 2024

    US Strikes At Last Of Russia's Major Non-Sanctioned Banks

    The United States has now sanctioned all of Russia's major banks after freezing the assets of Gazprombank and its six foreign subsidiaries on Thursday for channeling military equipment purchases for Russia's ongoing war on Ukraine.

Expert Analysis

  • Series

    A Day In The In-House Life: Best Egg CLO Talks Power Of Prep

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    On a typical Monday in her life, Best Egg Chief Legal Officer Amy Thoreson Long chronicles a remote workday in which she makes time for everything from getting ahead on regulatory issues and researching recent Supreme Court decisions to dog walks and podcast breaks.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Series

    Colorado Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Series

    In The CFPB Playbook: No Lazy, Hazy Days Of Summer

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    The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.

  • Payward And The Secondary Crypto Transaction Confusion

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    Following orders in cases against Coinbase and Binance, the recent California federal court ruling in U.S. Securities and Exchange Commission v. Payward raises even more questions about regulation of secondary transactions involving crypto-assets, as it tries to sidestep fundamental flaws in the SEC's legal theories, say attorneys at Cahill Gordon.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • FDIC's Cautious Approach To Industrial Banks, Reaffirmed

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    Although the Federal Deposit Insurance Corp. recently approved an industrial loan company's deposit insurance application and proposed new rules regarding parent companies, these developments do not represent a liberalization or modernization of the FDIC's regulatory framework, say Max Bonici and Andrew Bigart at Venable.

  • Basel Endgame Rules: A Change Is Coming

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    The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.

  • 4 Takeaways From The FDIC's Proposed Recordkeeping Rule

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    The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

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