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January 10, 2025
Ga. Law Firm Latest To Fight Corporate Transparency Act
A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.
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January 10, 2025
7th Circ. Halts FDIC Enforcement Order Against Ex-Bank Chair
The Seventh Circuit on Friday granted a request from an Illinois community bank's onetime chairman for an emergency stay of professional sanctions the Federal Deposit Insurance Corp. ordered as part of an in-house proceeding the executive has alleged was unconstitutional.
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January 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.
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January 10, 2025
Feds Say Rocket Mortgage Can't Avoid Race Bias Suit
The federal government has pushed back against Rocket Mortgage LLC's motion to dismiss a racial discrimination suit accusing the company and other parties of undervaluing a Black woman's Denver duplex after she applied for refinancing.
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
CFPB Hit With 2nd Suit Over Medical Debt Reporting Rule
The Consumer Financial Protection Bureau has been hit with a second lawsuit challenging its new rule that would wipe billions of dollars in medical debt off consumer credit reports, with ACA International filing a complaint in Texas federal court arguing healthcare markets are outside the agency's regulatory authority.
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January 09, 2025
Law Firm Cleared, Murdaugh Pal Liable In Insurance Trial
A federal jury in South Carolina has found that a lawyer tied to Alex Murdaugh owes insurer Nautilus over $1 million for a role in an insurance fraud that was perpetrated when Murdaugh's housekeeper died, while a law firm was cleared of liability.
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January 09, 2025
FINRA Fines Fidelity Unit $600K Over Ex-Employee's Theft
Fidelity Brokerage Services LLC has agreed to pay $600,000 to resolve the Financial Industry Regulatory Authority's claims that the firm had an inadequate supervisors system in place from 2012 through 2020 that failed to detect an associated person's theft of $750,000 from customer accounts.
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January 09, 2025
Cancer Org Fails To Get Rival's TM Counterclaims Tossed
A Georgia federal judge said Thursday that the Glioblastoma Foundation Inc. can't yet escape a series of counterclaims filed against it by a rival nonprofit amid a trademark spat, ruling that its defenses in a dismissal bid largely relied on factual issues about whether the rival fraudulently obtained the marks at issue.
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January 09, 2025
CFPB Taps First Open Banking Industry Standards Setter
The Consumer Financial Protection Bureau has given Financial Data Exchange Inc. the green light to set standards for open banking in a first of its kind approval aimed at giving customers more control over their financial data.
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January 09, 2025
Gordon Rees Adds Former Fintech GC In NY, Miami
Gordon Rees Scully Mansukhani LLP said Thursday that it has brought on a new financial services partner who recently served as general counsel at fintech firms.
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January 09, 2025
Horizon Bank Flag On Large Check Not Biased, 6th Circ. Says
A Sixth Circuit panel upheld Horizon Bank's defeat of allegations that the bank discriminated against a Black customer based on her race, finding bank staff did not act with hostility when they flagged a large settlement check she deposited as suspicious and froze her debit card.
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January 09, 2025
Judge Nixes Bid To Depose SEC Counsel In $73M Fraud Case
A New Jersey federal magistrate judge has denied a credit reporting agency's bid to depose four U.S. Securities and Exchange Commission attorneys and to compel the production of their witness interview notes in a civil enforcement action over an alleged $73 million fraud, ruling the information sought is protected by the work-product doctrine.
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January 09, 2025
Chamber, Bank Groups Press For Halt To CFPB Overdraft Rule
The U.S. Chamber of Commerce, the Bank Policy Institute and several other banking industry groups have added their voices in opposition to the Consumer Financial Protection Bureau's new $5 overdraft fee rule through amici curiae briefs filed in Mississippi federal court.
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January 09, 2025
Ropes & Gray-Led Vistria Wraps Largest-Ever Fund At $3B
Middle-market private equity shop The Vistria Group LP, advised by Ropes & Gray LLP, on Thursday said it clinched its largest-ever private equity fund after securing $3 billion of total investor commitments.
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January 09, 2025
Moore & Van Allen Nabs Baker McKenzie Finance Pro
Moore & Van Allen PLLC announced that longtime financial services counselor Mark Tibberts has joined its Charlotte, North Carolina, office as a partner, bringing with him knowledge on energy and infrastructure projects that will bolster the firm's offerings to its clients.
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January 08, 2025
CFPB Plots Personal Lender Oversight, Funds Access Rules
The Consumer Financial Protection Bureau said Wednesday that it plans to pursue a pair of rulemakings aimed at speeding up the availability of deposited funds at banks and bringing larger nonbank personal lenders under its supervision.
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January 08, 2025
Fed. Circ. Grills USAA On Bid To Revive Patent In $218M Case
The United Services Automobile Association faced a skeptical Federal Circuit panel Wednesday as it argued that an administrative board's invalidation of claims in its check deposit patent, which is part of a $218 million verdict against PNC Bank, conflicted with a prior decision upholding the patent.
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January 08, 2025
Whistleblower Attys Get $8.7M In Academy Mortgage FCA Suit
Counsel representing a whistleblower will receive $8.7 million in fees and expenses — less than requested — for their role in reaching a $38.5 million deal with Academy Mortgage in a suit accusing the company of submitting false claims, according to a newly public order.
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January 08, 2025
Mortgage Firm Reaches $1.8M Redlining Settlement With Feds
A Florida-based mortgage company has agreed to pay $1.75 million to resolve U.S. Department of Justice lending discrimination allegations, making it the third nondepository institution to strike such a deal, the government has announced.
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January 08, 2025
Convicted Ex-Nomura Trader To Settle SEC's RMBS Action
Ex-Nomura Securities International Inc. trader Michael Gramins, who was convicted in 2017 of scheming to trick mortgage bond buyers, has reached a tentative agreement with the U.S. Securities and Exchange Commission to settle follow-on civil claims, according to an agency filing on Wednesday.
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January 08, 2025
NY Fed Beats Puerto Rico Bank's Suit Over Master Account
A New York federal judge on Wednesday tossed without prejudice a Puerto Rico bank's suit that sought to block the closure of its Federal Reserve master account, finding the New York Fed's interpretation of the Federal Reserve Act was correct and that the bank does not have a statutory right to a master account.
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January 08, 2025
JPMorgan Gets Early Win In Ex-Worker's Benefits Freeze Suit
A New York federal judge handed JPMorgan an early win Wednesday in an ex-worker's suit alleging the bank failed to properly disclose changes to an employee pension plan, finding the dispute was barred by a claim release the plaintiff signed in exchange for severance.
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January 08, 2025
Pension Plan Official's Estate Excused From Danish Tax Suit
A New York federal court approved Wednesday an agreement for Denmark's tax authority to settle its claims against the estate of a pension plan official whose plan allegedly defrauded the agency out of $9 million.
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January 08, 2025
CFPB Hit With Industry Suit Over Medical Debt Reporting Rule
A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.