Banking

  • November 12, 2024

    Ex-FDIC Head Urges Banks To 'Push Back' Against Examiners

    A former top Trump banking regulator on Tuesday called for bank executives to show "backbone" and push back when they are challenged with bad exam findings from their regulators, urging resistance as an antidote to perceived excesses in bank oversight.

  • November 12, 2024

    Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.

    President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.

  • November 12, 2024

    Merrill Lynch Disfavors Black And Female Advisers, Suit Says

    Two longtime Merrill Lynch financial advisers have filed a proposed class action against Bank of America and its subsidiary Merrill Lynch alleging the firms' policies systematically discriminate against African American and female advisers by favoring white male colleagues in teaming and account distribution practices.

  • November 12, 2024

    5th Circ. Won't Reopen CFPB Payday Rule Fight

    The Fifth Circuit on Tuesday denied a bid from a lender to reopen an industry legal challenge to the Consumer Financial Protection Bureau's payday loan rule that previously foundered at the U.S. Supreme Court, clearing the way for the rule to take effect.

  • November 12, 2024

    Businessman Blames Dentons For Failed $54M Currency Swap

    A Venezuelan businessman involved in a $54 million bolivar-to-dollars currency swap told a Miami jury on Tuesday that a former Dentons US LLP attorney told him several times that he needed to deposit more bolivars to meet a threshold minimum in order to receive U.S. dollars, but those promises never materialized.

  • November 12, 2024

    Ex-Capital One Workers Lodge $43M 401(k) Forfeiture Suit

    A group of former Capital One employees has brought a proposed class action in New York federal court accusing the financial institution and its top brass of improperly using $42.65 million in forfeited employee funds that were paid into the company's retirement plan to reduce its own contributions to the plan.

  • November 12, 2024

    Visa To Fight Market Definition In DOJ Antitrust Case

    Attorneys for Visa told a New York federal judge on Tuesday that the company plans to argue the U.S. Department of Justice's debit card monopolization case should be tossed because it ignores a key payment method and attacks legitimate contracts.

  • November 12, 2024

    Fed Bans Ex-Bank Leaders Over Alleged COVID Relief Fraud

    The Federal Reserve Board of Governors announced Tuesday that it has prohibited two former top brass with Nano Banc from future participation in the banking industry, alleging they fraudulently obtained loans and grants through the federal CARES Act.

  • November 12, 2024

    Comerica Sues CFPB To Stop 'Ultra Vires' Benefits Card Probe

    Comerica Bank has sued the Consumer Financial Protection Bureau in a Texas federal court, accusing it of carrying out an overreaching and unlawful investigation into the bank's handling of a government program for distributing federal benefits via debit cards.

  • November 12, 2024

    Huawei Urges Judge To Toss US IP Theft, Fraud Charges

    China's Huawei Technologies and its affiliates have asked a Brooklyn federal judge to dismiss the majority of a criminal indictment, slamming allegations that it tried to steal intellectual property from U.S. rivals and deceived banks and the U.S. government about its business dealings with sanctioned countries.

  • November 12, 2024

    Peru Agrees To Pay Hedge Fund $40M To Settle Bond Dispute

    A D.C. federal judge held Tuesday that the Republic of Peru must pay Gramercy Funds Management LLC $40 million, following the parties' joint motion last week saying they have settled their dispute over enforcement of a $100 million arbitral award.

  • November 12, 2024

    Stop Bank Impersonation Scams 'Without Delay,' FCC Told

    Several banking organizations and a consumer rights group urged the Federal Communications Commission to forge ahead on rules aimed at stamping out scam texts that fraudsters use to impersonate banks.

  • November 12, 2024

    Nationstar Gets COVID-19 Loan Aid Suit Tossed For Good

    Nationstar Mortgage has beaten for good a lawsuit alleging it wrongly denied COVID-19 loss mitigation assistance for delinquent mortgages, with a Pennsylvania federal judge ruling homeowners did not amend their suit to prove the company violated the law.

  • November 12, 2024

    Fla. Man Guilty In $1M Cash-To-Bitcoin Laundering Scheme

    A Boston federal jury has convicted a Florida resident of helping launder drug proceeds and enabling transfers of funds from fraud victims to romance scammers by converting more than $1 million in cash to bitcoin through his unlicensed "no questions asked" money transfer business.

  • November 12, 2024

    Former FTX Top Atty Joins Lowenstein Sandler In NY

    Lowenstein Sandler LLP announced Tuesday that the former general counsel at crypto exchange FTX will join the firm's New York office as a partner and chair of its new commodities, futures and derivatives practice group.

  • November 08, 2024

    Payments Co. Never Returned $1.5M, Tribal Authority Claims

    An Oklahoma tribal financial services authority has sued two owners of a payment processor, alleging that they defrauded the authority out of $1.5 million by confiscating funds purportedly held in reserve before the termination of their relationship.

  • November 08, 2024

    Pawn Shop Must Face CFPB's Military Law Claims, Judge Says

    In a matter of first impression, a Texas federal judge has ruled that national pawn shop company FirstCash Inc. cannot use a "bona fide error" defense to argue that its alleged violation of the Military Lending Act was an unintentional mishap, saying the defense only applies to private borrower claims, not federal agency suits.

  • November 08, 2024

    SEC Sues Ex-Fed Examiner For Insider Trading On Bank Stocks

    The U.S. Securities and Exchange Commission filed suit against a former senior banking supervisor with the Richmond Federal Reserve Bank, accusing him of insider trading on stocks of New York Community Bancorp and Capital One Financial Corp.

  • November 08, 2024

    NJ Appeals Panel Rejects Convicted Ex-Atty's Bid For Relief

    The New Jersey Appellate Division turned down on Friday a former attorney's bid for review of her conviction on participating in an $873,000 mortgage fraud scheme, in which she claimed she was barred from the full range of cross-examination at trial that she should have had the right to.

  • November 08, 2024

    FTX Investment Firm Seeks Return Of $11M In Crypto Assets

    Alameda Research, an investment arm of the now-bankrupt FTX digital asset empire, has filed a lawsuit against cryptocurrency exchange Crypto.com in Delaware bankruptcy court, seeking the return of $11.4 million in assets still held on the platform despite multiple requests from the debtor.

  • November 08, 2024

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

    This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.

  • November 08, 2024

    Katten Adds Private Credit Partner From Weil In NY

    Katten Muchin Rosenman LLP has added a former Weil Gotshal & Manges LLP banking and finance counsel, who joined the team in New York as a private credit partner.

  • November 07, 2024

    Ex-Celsius CEO OK'd To Seek Testimony From Abroad

    A New York federal judge Thursday gave former Celsius Network CEO Alex Mashinsky the green light to seek deposition testimony from witnesses reading abroad that he claims is crucial to his defense, but declined to narrow the case against the founder of the now-bankrupt cryptocurrency-lending platform. 

  • November 07, 2024

    Flagstar Customer Asks 6th Circ. To Revive Overdraft Fee Suit

    A Flagstar Bank customer has urged the Sixth Circuit to revive her class claims alleging the bank charged surprise overdraft fees, arguing that a Michigan district court failed to follow the "settled rules" dictating that ambiguous contract terms should be interpreted against the drafter.

  • November 07, 2024

    Ill. Judge Anticipates 'Massive' Outcome Investor Restitution

    An Illinois federal judge signaled Thursday that he anticipates three former Outcome Health executives will pay a "massive" amount in restitution to investors such as Goldman Sachs and CapitalG that were persuaded to give Outcome money in a fraudulent effort to grow the company.

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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