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Fintech
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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.
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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.
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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.
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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.
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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.
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March 20, 2025
SEC Steps Back From Crypto Mining In Staff Statement
The U.S. Securities and Exchange Commission's Division of Corporation Finance said Thursday that certain crypto mining activities are beyond the agency's purview, but the commission's lone Democrat warned against interpreting the statement as a "wholesale exemption for mining."
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March 20, 2025
SEC Says 'Personnel Changes' Are Delaying 8th Circ. Briefing
The U.S. Securities and Exchange Commission has been granted more time to respond to an Eighth Circuit appeal questioning its definition of securities dealer, as the agency has said one attorney's exit has made it too difficult to stick to the prior briefing schedule.
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March 20, 2025
Ex-Kubient CEO Gets 1 Year For Lying About AI Fraud Tool
A New York federal judge on Thursday sentenced software company Kubient Inc.'s former CEO to a year and a day in prison for putting $1.3 million in phony revenue on the digital advertising technology company's books and lying about an artificial intelligence-powered tool meant to spot digital ad fraud.
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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.
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March 20, 2025
Bitcoin Rival Can't Reargue $2M Suit Against Grayscale
Cryptocurrency firm Osprey Funds LLC can't reargue claims that the Connecticut Unfair Trade Practices Act governs its bitcoin feud with digital asset management firm Grayscale Investments LLC, a Connecticut state judge has ruled.
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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.
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March 20, 2025
4 Firms Build Kraken's $1.5B NinjaTrader Buy
Cryptocurrency platform Kraken on Thursday unveiled plans to buy U.S. retail futures trading company NinjaTrader in a $1.5 billion deal guided by four law firms.
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March 20, 2025
Sprinklr Execs Sued Over Revenue Projections, Biz Transition
Executives and directors of customer experience software company Sprinklr Inc. have been hit with a shareholder derivative suit alleging that they concealed issues the company was facing with scaling new service technology products.
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March 20, 2025
AI Startup CoreWeave Launches Plans For $2.5B IPO
Artificial intelligence-focused startup CoreWeave Inc. on Thursday set plans for an estimated $2.5 billion initial public offering, represented by Fenwick & West LLP and underwriters' counsel Latham & Watkins LLP, likely launching the largest IPO of 2025.
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March 19, 2025
Russian Gotbit Crypto Operator Gets Plea Deal, Forfeits $23M
A Russian national accused of manipulating crypto markets through a market-making service he founded called Gotbit has struck a plea deal with Massachusetts federal prosecutors in which he copped to charges of conspiracy to commit market manipulation and wire fraud and agreed to forfeit about $23 million in cryptocurrency.
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March 19, 2025
Bitnomial Drops SEC Challenge Amid Ripple Dismissal Buzz
Crypto futures and options platform Bitnomial on Wednesday dropped its suit alleging that the U.S. Securities and Exchange Commission unfairly blocked it from listing futures contracts for Ripple Labs' XRP token after Ripple itself announced that the SEC is no longer pursuing securities claims against the token.
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March 19, 2025
Fired FTC Dem Warns Of Billionaire Influence On Trump
A Democrat who was terminated by President Donald Trump from the Federal Trade Commission said Wednesday that the public should be concerned about "which billionaire has the president's ear" when the next "mega-merger" is proposed, in remarks to a Colorado legislative committee the day after his firing.
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March 19, 2025
ACLU Says Biased AI Tech Boxed Out Deaf Intuit Applicant
Intuit and a human resources technology vendor violated federal and state law by turning away a deaf job applicant after interviewing her using artificial intelligence-based video technology that puts disabled and nonwhite applicants at a disadvantage, the American Civil Liberties Union said Wednesday.
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March 19, 2025
USPTO Acting Head Tells PTAB To Rethink Part Of Tesla Win
The U.S. Patent and Trademark Office's acting director has told the Patent Trial and Appeal Board to reconsider part of a decision backing Tesla's challenge to a patent on artificial intelligence in self-driving vehicles, and sent two more unrelated cases for review by board officials.
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March 19, 2025
Goldstein Says Feds 'Misled' Court With Obstruction Claim
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein wants a Maryland federal judge to sanction prosecutors in his tax evasion case for a "pattern of false and misleading statements" to the court accusing him of hiding millions in cryptocurrency and bribing his former law firm manager.
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March 19, 2025
AI Is Growing Focus For Corporate Boards, Proxy Proposals
Public companies and their investors increasingly set their sights on artificial intelligence last year, according to a report released Wednesday indicating the rapidly evolving technology was a major focus when it came to both board-level oversight and shareholder proxy proposals.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
'They're Walking Away': Ripple Labs Says SEC To Drop Appeal
Ripple Labs CEO Brad Garlinghouse said Wednesday the U.S. Securities and Exchange Commission will drop its Second Circuit appeal of a summary judgment in its headline-grabbing enforcement action over Ripple's XRP token.
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March 18, 2025
OCC's Hood Says He Won't Tolerate 'Odious' Debanking
The Office of the Comptroller of the Currency's acting chief, Rodney Hood, told bankers on Tuesday that his agency won't tolerate so-called debanking, saying "lawful" businesses — including crypto firms — should be eligible for bank accounts and other services.
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March 18, 2025
Crypto Firms Tied To Milei-Promoted Libra Token Face NY Suit
A trio of crypto firms linked to a token known as Libra face a proposed class action accusing them of fraudulently raising $107 million from the controversial project, which was promoted by Argentine President Javier Milei prior to its collapse.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Understanding Risks Of Celebrities 'Hawking' Crypto Tokens
Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.