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Banking
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November 06, 2024
Venue For Fla. County Suit Against Funder Getting New Look
A Florida appellate court ruled Wednesday that Palm Beach County can't use the "sword-wielder" exception to deny a funding agency's choice of court in a lawsuit over the authority to levy property taxes, saying the agency has proved it's a governmental entity entitled to a home venue privilege.
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November 06, 2024
Fed. Circ. Panel Irked By Confusion In Check Patent Case
An irritated Federal Circuit panel criticized attorneys for the United Services Automobile Association and PNC Bank on Wednesday for a lack of clarity on which issues reached a final judgment in their nine-figure patent dispute, with one judge telling them, "You both should be embarrassed."
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November 06, 2024
Stifel Balks At CFTC Offer To Settle Text Messaging Case
Stifel said Wednesday that it has rejected an offer to settle U.S. Commodity Futures Trading Commission claims tied to off-channel communications use, the latest in an industry sweep that previously saw the boutique investment bank settle with the U.S. Securities and Exchange Commission for $35 million.
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November 06, 2024
Justices Eye Narrowing Disclosure Rules In Meta Investor Suit
The U.S. Supreme Court seemed poised Wednesday to hand Facebook owner Meta Platforms Inc. a narrow victory in a case tied to the Cambridge Analytica scandal, as justices put up a range of hypothetical scenarios to try to pin down when exactly a company needs to disclose to investors that a past event could cause future damage to its business.
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November 06, 2024
Judge Axes NY Claims In Chase Bank Counterfeit Check Row
A New Jersey federal judge partly granted JPMorgan Chase Bank's bid to toss a tile company's lawsuit over the financial giant's alleged acceptance of $5 million in counterfeit checks drawn from its Valley National Bank account, reasoning that Florida law claims could stand but allegations under New York statutes could not.
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November 06, 2024
Fake BigLaw Atty Duped Exec Into Wiring $55M, Co. Says
A German rubber product manufacturer is suing a California woman and JPMorgan Chase Bank NA in California federal court alleging a company employee was tricked into wiring more than $54.9 million to at least 18 bank accounts by a fraudster posing as both an Orion executive and a partner at Clifford Chance LLP.
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November 06, 2024
Credit Suisse, Crédit Agricole Lose EU Cartel Fine Challenge
Credit Suisse and Crédit Agricole lost their challenge at a European Court on Wednesday to millions of euros in fines imposed by the European Commission for their involvement in a bond trading cartel.
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November 05, 2024
What Trump's Return Means For Bank Regulation: 5 Questions
With former President Donald Trump now projected to return to the White House, financial services attorneys are predicting the banking industry will see a sharp rightward turn at the Consumer Financial Protection Bureau and a much softer touch elsewhere in the federal regulatory arena.
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November 05, 2024
Trump's Win Expected To Pare Back Gensler's SEC Agenda
The reelection of President Donald Trump will bring with it many big changes to the U.S. Securities and Exchange Commission, including a new chair who could set a more crypto- and business-friendly policy that would translate into a downtick in rulemaking and enforcement cases in comparison to outgoing President Joe Biden.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
FTC Says Dave Mobile Banking App Deceives Customers
The Federal Trade Commission on Tuesday accused mobile banking app Dave of misleading customers about the actual amount of cash advance they're likely to receive while also charging them undisclosed fees, including "tips" via a guilt-inducing interface, according to a complaint filed in California federal court.
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November 05, 2024
Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight
Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."
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November 05, 2024
FTX Says Convicted Former Exec Must Cough Up $99M
The bankruptcy estate of cryptocurrency exchange FTX has asked a Delaware federal bankruptcy court to order former executive Ryan Salame to relinquish $98.8 million in assets, according to an avoidance action filed Monday.
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November 05, 2024
SEC Risk Alert Flags Investment Fund Oversight, Disclosures
The U.S. Securities and Exchange Commission's exams unit is flagging common issues among investment funds in recent years, including funds mischaracterizing how so-called ESG factors play into their investment strategies and chief compliance officers failing to submit certain reports to fund boards.
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November 05, 2024
CFPB Gets Good Grade On Info Security, But Gaps Remain
The inspector general for the Consumer Financial Protection Bureau has given the agency a generally clean bill of health on its information security while flagging several weak points for improvement, including finding that it lacks a specific plan for handling a ransomware attack scenario.
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November 05, 2024
Ex-Money Transfer Co.'s Del. Suit Says Fintech Fraud Sank Biz
Sidelined money transfer venture Zelf Inc. has sued fintech Solid Financial Technologies Inc. in Delaware's Superior Court, accusing Solid of fraudulently representing that it could support anonymous banking and cryptocurrency services based only on a customer's name, email and phone number.
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November 05, 2024
Nixon Peabody Taps Leader For New Fintech Group
A former mechanical engineering researcher who for years worked as a research assistant for his alma mater, Yale University, is moving his intellectual property and financial services practice from Duane Morris LLP to lead a recently launched Nixon Peabody LLP group, the firm announced Monday.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
SEC Must Prep For Legal Challenges To Regs, Watchdog Says
The U.S. Securities and Exchange Commission should prepare for more litigation over its rulemaking agenda and make sure its new regulations can pass judicial muster, particularly in light of budget constraints, the agency's inspector general warned in a Monday report.
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November 04, 2024
Robinhood Users Denied Class Cert. In Order Flow Suit
A proposed class of Robinhood customers must run their expert's damages model before asking a California federal judge to weigh their class certification bid in litigation alleging that the investing platform failed to disclose financial interests affecting order flow on the platform.
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November 04, 2024
BofA Unit Escapes Trading Firm's Spoofing Suit For Now
An Illinois federal judge has tossed a trading firm's proposed class action claiming that a Bank of America unit manipulated markets for U.S. Treasury futures and options, ruling that the firm fails to allege actual damages, but giving it an opportunity to amend the suit.
Expert Analysis
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What The SEC Liquidity Risk Management Amendments Entail
Fund managers should be cognizant of the U.S. Security and Exchange Commission's recent changes to certain reporting requirements and guidance related to open-end fund liquidity risk management programs, and update their filing systems if need be, says Rachael Schwartz at Sullivan & Worcester.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Avoid Getting Burned By Agencies' Solar Financing Spotlight
Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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Mitigating Risk In Net Asset Value Facility Bankruptcies
In times of economic turbulence, parties to bankruptcy proceedings that involve net asset value facilities can mitigate risk by understanding the purpose of the automatic stay, complications it can create for NAV facility lenders and options for relief, say attorneys at Mayer Brown.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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What To Know About CFPB Stance On Confidentiality Terms
A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.