Banking

  • March 21, 2025

    Barclays Beats Investor Suits Over Unregistered Securities

    A New York federal judge tossed Friday a pair of proposed securities class actions alleging Barclays misled investors about its internal controls and its unregistered securities sales, which eventually triggered so-called short squeezes, finding that the statements aren't actionable and the investors haven't sufficiently pled scienter, among other pleading failures.

  • March 21, 2025

    SEC Crypto Roundtable Puts 'Howey' To The Test

    The U.S. Securities and Exchange Commission brought a dozen cryptocurrency legal experts together on Friday to wrestle with how to define security status for digital assets, and their in-depth discussion left the regulator with more questions or suggestions than agreed-upon definitions.

  • March 21, 2025

    SEC Guidance Moves Needle In Favor Of Private Fundraising

    The U.S. Securities and Exchange Commission's recent guidance on how accredited investors can self-certify when participating in broadly publicized private placements simplifies legal compliance for issuers, according to attorneys, though the jury is still out on whether market participants will embrace the new framework.

  • March 21, 2025

    Ex-Jefferies Employee Says Age Bias Led To Termination

    Investment bank Jefferies LLC has been sued by a former assistant vice president who alleged he was fired under the pretext of working from home too much and that he was actually a victim of age discrimination.

  • March 21, 2025

    Mexican Citizen Stole $1M From Fruit Wholesaler, Feds Say

    The U.S. Department of Justice announced a federal grand jury returned a six-count indictment against a Mexican citizen residing in California for allegedly defrauding a fruit wholesaler out of over a million dollars and falsifying his employment documents.

  • March 21, 2025

    Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit

    A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.

  • March 21, 2025

    Treasury Lifts Sanctions Against Crypto Mixer Tornado Cash

    The U.S. Department of the Treasury said Friday that it has removed U.S. government sanctions against cryptocurrency mixer Tornado Cash, ending the Biden-era blacklisting after the Fifth Circuit said last year that key code underpinning the service wasn't sanctionable.

  • March 21, 2025

    CFPB Says Comerica Trying To Forestall Agency Suit

    The Consumer Financial Protection Bureau told a Texas federal judge on Friday that Comerica Bank was merely trying to use a lawsuit against the agency to forestall an enforcement action over the bank's handling of a government benefit card program.

  • March 21, 2025

    Cigna Wants Fees After Being Cleared In Payment IP Row

    Cigna has urged a Texas federal court to award it legal fees in a case where it was cleared of infringing a card payment patent, saying the patent owner was trying to get the court to rule that a Federal Circuit ruling on the same patent in another case was wrong. 

  • March 21, 2025

    Ex-UBS North America CEO Agrees To $4.9M FBAR Judgment

    The former North American CEO for Swiss bank UBS on Friday agreed to a $4.9 million judgment to end claims that he failed to file timely or accurate foreign bank account reports with the Internal Revenue Service between 2003 and 2013.

  • March 21, 2025

    Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge

    The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.

  • March 21, 2025

    Conn. Firm Appeals Client's Win In Suit Over Email Scam

    The Connecticut law firm Mancini Provenzano & Futtner LLC says it will appeal a negligence verdict won by a client after a fraudster infiltrated one of its attorney's emails and tricked the client into wiring $90,586 to an incorrect account.

  • March 21, 2025

    US-Swiss Agreement Exempts Retirees' Dividends, IRS Says

    U.S. retirement accounts, including trusts, qualified annuity plans and other schemes, are exempt from Swiss taxes on dividends from Swiss companies in which they don't own a controlling interest, according to a U.S.-Switzerland competent authority agreement released Friday by the IRS.

  • March 21, 2025

    Spencer Fane Adds Armstrong Teasdale Debt Finance Chair

    Spencer Fane LLP has hired the former chair of Armstrong Teasdale LLP's debt finance practice, who is joining the firm in St. Louis as a partner in several practices related to financial and corporate services, according to a recent announcement.

  • March 21, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.

  • March 21, 2025

    High Court Says Misleading Statements To FDIC Not Criminal

    The U.S. Supreme Court on Friday overturned a Seventh Circuit ruling that upheld the conviction of a former Chicago alderman for making false statements about loans from a defunct bank, clarifying that the federal law in question criminalizes false statements but not those that are merely misleading.

  • March 20, 2025

    OCC Says It Will Stop Examining Banks For Reputation Risk

    The Office of the Comptroller of the Currency said Thursday that it will no longer examine banks for reputation risk, adopting a policy change that some Republican lawmakers want to require for all federal banking regulators to help curb so-called debanking.

  • March 20, 2025

    Iowa Adviser To Pay $15M Over SEC Conflict Claims

    An Iowa-based adviser has been ordered to pay $15 million over claims from the U.S. Securities and Exchange Commission that it invested client assets in funds that benefited an affiliated broker-dealer instead of lower-cost alternatives, without disclosing its conflicts of interest.

  • March 20, 2025

    Payday Lender Gets Appeal On Lawyer's Blackmail Conflict

    The Second Circuit has decided to let a former payday lending executive, now incarcerated on charges that he ran a fraudulent $2 billion lending scheme, move ahead with a new appeal after hearing that his trial counsel faced blackmail from another client.

  • March 20, 2025

    Mortgage Co. Denied Legal Fees In EEOC Suit

    A Washington federal judge has rejected mortgage and financial services company Covius Services LLC's bid for attorney fees after it defeated an Equal Employment Opportunity Commission employment suit alleging that it unlawfully refused to hire a woman because she took pain medication, saying the mortgage company had not shown that the suit was ill-conceived.

  • March 20, 2025

    Suit Says Stifel Underpaid Clients In Cash Sweep Accounts

    Wealth management company Stifel Financial Corp. and its brokerage arm were hit with a proposed class action by two customers alleging Stifel systematically underpaid clients on cash sweep accounts while profiting from rising interest rates.

  • March 20, 2025

    Feds Say Crypto Lobbyist Can't Delay FTX-Tied Case

    New York federal prosecutors Thursday opposed a request from attorney and crypto lobbyist Michelle Bond to extend filing deadlines for pre-trial motions in her criminal case until June, saying Bond's inability to access her assets due to bankruptcy proceedings involving her FTX-affiliated husband is not enough to warrant a delay.

  • March 20, 2025

    Pot Co. Disputes 'Forgery' Of Service In Banking Suit

    A cannabis company is urging an Oregon federal court to reject a venture capital firm's bid to vacate a default judgment in a suit against a defunct cannabis "neobank," saying the evidence shows the suit was properly served and that receipts weren't forged.

  • March 20, 2025

    CFPB Union Narrows Injunction Bid In Shutdown Suit

    The Consumer Financial Protection Bureau would be barred from idling its workforce under a narrowed injunction bid filed Wednesday in Washington, D.C., federal court, where the agency's employee union is squaring off with the Trump administration.

  • March 20, 2025

    Judge Denies CFPB's Bid To Pause Experian Dispute Case

    The Consumer Financial Protection Bureau can't pause its dispute-handling claims against credit reporting giant Experian to give the agency's new acting director time to review the case, a California federal judge said.

Expert Analysis

  • CFPB Small Biz Study Brings Fair Lending Considerations

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    The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.

  • Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

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    Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • A Look At A Possible Corporate Transparency Act Exemption

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    Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • What Financial Intermediaries Can Expect From New Admin

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    Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.

  • Virginia AI Bills Could Serve As Nationwide Model

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    If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • What Banks Need To Know About Trump's Executive Orders

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    While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.

  • CFPB's Message To States Takes On New Weight Under Trump

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    The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • A Look At Collateralized Loan Obligations Post-Reform

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    The Financial Stability Board's recent report on global securitization reforms, analyzing resilience trends in the collateralized loan obligation market post-2008, suggests that, while risk retention rules have a limited impact on observable characteristics, other structural features play a significant role in ensuring risk alignment, says Kos Vavelidis at DLA Piper.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

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