Banking

  • March 03, 2025

    Former SDNY Top Prosecutor Kim Returns To Private Sector

    Veteran white-collar defense lawyer Edward Kim, who most recently served as acting U.S. attorney for the Southern District of New York, said Monday he is returning to the firm he founded, Krieger Lewin LLP, which will be known as KKL.

  • March 03, 2025

    Coinbase Wants To Know SEC Spend On Crypto Enforcement

    Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.

  • February 28, 2025

    Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say

    The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of 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.

  • February 28, 2025

    CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

    Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.

  • February 28, 2025

    CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up

    The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.

  • February 28, 2025

    SEC, Ex-Silvergate CFO Trade Shots Over Enforcement Case

    The U.S. Securities and Exchange Commission on Friday urged a New York federal court not to throw out its claims that the former chief financial officer of defunct crypto-focused bank Silvergate Capital concealed the bank's rocky financial position, saying that the executive is mischaracterizing its claims.

  • February 28, 2025

    Trump Admin Cuts Raise Trade Secret Security Concerns

    As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

  • February 28, 2025

    Up Next At High Court: Gun Violence Liability & Nuclear Waste

    The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.

  • February 28, 2025

    BofA Customer Gets Class Cert. In Revived ATM Fee Dispute

    A class of account holders who allege Bank of America breached a contract by charging out-of-network fees for balance inquiries at certain ATMs can now proceed with claims as a class after their initial attempt at certification was denied.

  • February 28, 2025

    FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B

    A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.

  • February 28, 2025

    Mich. Justices Reject Credit Suisse's NOL Carryforward Bid

    The Michigan Supreme Court on Friday denied Credit Suisse's bid to appeal a lower court's decision that barred the bank from straying from the federal method of determining taxable income to carry forward $21.3 million in losses on its state returns.

  • February 28, 2025

    Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told

    UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.

  • February 28, 2025

    FinCEN Delays Corporate Transparency Act Deadlines

    The Financial Crimes Enforcement Network said it will not take any enforcement actions against companies failing to file or update their beneficial ownership information reports pursuant to the Corporate Transparency Act until an interim final rule becomes effective.

  • February 28, 2025

    Justices Asked To Review IRS Crypto Doc Seizure Case

    A cryptocurrency investor who lost his challenge to the Internal Revenue Service's seizure of his account records has asked the U.S. Supreme Court for review, saying the 1976 legal doctrine that sank his case is outdated and fails to meet digital realities, including decentralized banking.

  • February 28, 2025

    CFPB Drops TransUnion Suit In Enforcement Retreat

    The Consumer Financial Protection Bureau on Friday voluntarily dismissed, with prejudice, a lawsuit against TransUnion alleging deceptive marketing practices, and another suit against 1st Alliance Lending LLC alleging deceptive mortgage lending practices, the latest in a string of enforcement actions the Trump administration has dropped without explanation.

  • February 28, 2025

    Mayer Brown Adds Ex-EDNY Prosecutor To White Collar Team

    As the new presidential administration ushers in changes to federal regulatory and enforcement priorities, Mayer Brown LLP has bulked up its global investigations and white collar defense practice in New York with the addition of a litigator from the U.S. Attorney's Office for the Eastern District of New York.

  • February 28, 2025

    Carbon Project Investor C-Quest Hits Ch. 7

    Carbon project developer C-Quest Capital has filed for Chapter 7 liquidation in a Delaware bankruptcy court as its ex-CEO faces charges he fraudulently obtained millions of dollars worth of carbon credits.

  • February 28, 2025

    State Street To Buy Mizuho's $580B Custody Business

    State Street Corp. said Friday it has agreed to purchase Mizuho Financial Group Inc.'s global custody and related businesses outside of Japan, which it said support the overseas investments of Mizuho's Japanese clients and hold $580 billion in assets under custody and $24 billion in assets under administration.

  • February 27, 2025

    PennyMac Can't Avoid Investors' Suit Over Post-Libor Rate

    A California federal judge has ruled PennyMac's mortgage investment arm must face a suit accusing it of using last year's discontinuation of Libor to unlawfully lock in a lower dividend for some of its preferred stock, saying the plaintiffs have adequately pled that the company violated the LIBOR Act when it issued dividends at a fixed rate.

  • February 27, 2025

    Black Homebuyers' Predatory Loan Settlement Gets Final OK

    A Michigan class of Black homebuyers have gotten final approval for their $750,000 deal to end claims against real estate companies and their investors who allegedly bought up run-down Detroit properties to sell with abusive lending terms.

  • February 27, 2025

    Payment Processor Sues Trulieve Over Cashless ATMs

    A Texas payments processor is suing multistate cannabis giant Trulieve in Arizona state court, alleging the company's use of so-called cashless ATMs to handle retail marijuana sales triggered close to $1 million in fines.

  • February 27, 2025

    Trump's CFPB Pick Vows To 'Follow The Law' As Cases Pulled

    Trump nominee Jonathan McKernan told U.S. senators on Thursday that he'd be the one calling the shots at the Consumer Financial Protection Bureau if confirmed as its director, but his message of independence was muddled by a wave of enforcement dismissals that hit federal courts in the middle of his confirmation hearing.

  • February 27, 2025

    Judge Axes NYC Loan Row, Sanctions Firm For Depositions

    A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.

  • February 27, 2025

    Unions Can Depose DOGE In Agency Access Suit, Judge Says

    The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

Expert Analysis

  • With Precautions, AI Can Help With Suspicious Activity Filings

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    While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.

  • 'Reverse Redlining' Suit Reveals Language Risks For Lenders

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    The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Compliance Considerations Of DOJ Data Security Rule

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    Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • When Investigating An Adversary, Be Wary Of Forged Records

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    Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • How To Safely Leverage AI In The Digital Assets Industry

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    Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.

  • $3B TD Bank AML Settlement Is A Wake-Up Call For All Banks

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    TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.

  • What Trump Presidency May Mean For Climate Reporting

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    While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.

  • Unpacking The CFPB's Personal Financial Data Final Rule

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    The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Trump Faces Uphill Battle If He Tries To Target Prosecutors

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    On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.

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