Fintech

  • January 09, 2025

    Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys

    White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.

  • 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.

  • 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.

  • January 08, 2025

    Quantitative Trader Accused Of Stealing Firm's Source Code

    New York federal prosecutors have accused a quantitative trader of stealing the secrets of a billion-dollar company's source code from his former employer to use at his own trading firm, according to an indictment unsealed Wednesday in New York federal court.

  • 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.

  • January 08, 2025

    PowerPlan To Pay $24M, Ending Rival's Monopoly Claims

    Roper Technologies subsidiary PowerPlan Inc. has agreed to pay $24 million in a settlement with a rival firm formed by former employees who said the utility software giant tried to lock them out of the market by threatening litigation against them and prospective clients.

  • January 08, 2025

    Shkreli Wants Wu-Tang To Weigh In On Crypto Album Fight

    Martin Shkreli told a Brooklyn federal judge that the writer and producer of the one-of-a-kind Wu-Tang Clan album should weigh in on their rights to the work as the crypto project that purchased the album presses ahead with a suit accusing the pharma bro of keeping copies of the album after he was ordered to give them up.

  • January 08, 2025

    Musk Appeals $56B Pay Package Rejection To Del. High Court

    Tesla Inc. CEO Elon Musk and other top Tesla executives officially appealed to the Delaware Supreme Court on Wednesday a series of chancellor rulings that scuttled Musk's $56 billion, 10-year pay package and awarded a shareholder's counsel $345 million in fees in the yearslong derivative dispute.

  • January 08, 2025

    Canadian Payment Systems Co. Hits Ch. 15 As It Seeks Buyer

    Vancouver-based Felix Payment Systems Ltd. has filed a Chapter 15 petition in North Carolina with CA$19 million ($13.2 million) in liabilities, saying it needs to shield its assets from creditors as it moves to restructure through Canadian insolvency proceedings.

  • January 08, 2025

    Exiting CFTC Chair Warns Crypto Without Rules 'Ends Badly'

    The outgoing chair of the U.S. Commodity Futures Trading Commission Rostin Behnam used his final speech on Wednesday to urge lawmakers and regulators to address the "gap" in oversight of cryptocurrency markets.

  • January 08, 2025

    Criminal Case Against Terraform Founder Said To Exceed SEC's

    The $40 billion criminal case against Terraform founder Do Kwon contains evidence such as recordings and seized mobile phones that exceed what securities regulators presented when they prevailed against him at a civil fraud trial, prosecutors said Wednesday.

  • January 08, 2025

    Chancery Awards $176M Atty Fee In Tesla Board Pay Suit

    Delaware's chancellor approved on Wednesday a $176.16 million Tesla stockholder class attorney fee award to three firms for a settlement of an excessive director compensation suit that is expected to return $734 million to the company through a combination of director stock, option and cash givebacks.

  • January 07, 2025

    NFT Buyers Can't Sue Over Market Fluctuations, Gallery Says

    A Metaverse-based art collection club has urged a federal judge to dismiss a fraud suit brought by investors claiming it lied about the benefits of investing in its members-only NFT opportunity, arguing that the alleged losses aren't attributable to anything other than market fluctuations and that New York's consumer protection laws do not protect out-of-state investors.

  • January 07, 2025

    Coinbase Judge Sends Crypto's Howey Question To 2nd Circ.

    A New York federal judge Tuesday waved through a request from Coinbase to have the Second Circuit weigh in on whether the cryptocurrency transactions on its platform are investment contracts, putting the U.S. Securities and Exchange Commission's ongoing registration suit against the crypto exchange on ice for now.

  • January 07, 2025

    CFPB Senior Litigator Who Defended Key Rules Is Departing

    A veteran Consumer Financial Protection Bureau litigator who represented the agency in a slew of high-profile cases challenging its rulemakings and constitutionality is heading for the exit after more than a decade at the consumer watchdog.

  • January 07, 2025

    Grayscale Rival Insists Connecticut Law Allows $2M Suit

    Digital asset management firm Grayscale cannot duck a smaller rival's unfair trade practices suit based on its argument that the relevant Connecticut state law has a carveout for conduct involving securities transactions, Osprey Funds said in opposing summary judgment.

  • January 07, 2025

    Davis Polk, Kirkland Guide Paychex's $4.1B Paycor Buy

    Human capital management company Paychex Inc., advised by Davis Polk & Wardwell LLP, on Tuesday unveiled plans to buy fellow human capital management, payroll and talent acquisition software company Paycor, led by Kirkland & Ellis LLP, in a deal with an enterprise value of $4.1 billion.

  • January 07, 2025

    CFTC Chair Behnam To Step Down When Trump Takes Office

    U.S. Commodity Futures Trading Commission Chair Rostin Behnam announced Tuesday that he will resign his chairmanship on Inauguration Day in order to make way for new agency leadership under incoming President Donald Trump, who has yet to name Behnam's successor.

  • January 06, 2025

    Broadridge 'Mommy Tracked' Pregnant Manager, Says Suit

    Broadridge Financial Solutions and three of its executives were slapped with a pregnancy discrimination suit Monday in New Jersey federal court from a former senior director who claims she was "mommy tracked" after she became pregnant, being stripped of her responsibilities and ultimately booted from the fintech company.

  • January 06, 2025

    Tether, Bitfinex Tap New GC After Longtime Lawyer Retires

    Stablecoin issuer Tether and its sister company, crypto exchange Bitfinex, have tapped an in-house lawyer to become general counsel after their top lawyer of more than a decade retires.

  • January 06, 2025

    Terraform Victims May Exceed 1M, Feds Say In Notice Request

    The U.S. Department of Justice on Monday asked a Manhattan federal judge for permission to issue a public notice to notify potential victims of defunct cryptocurrency firm Terraform Labs' creator Do Kwon's alleged $40 billion fraud, saying there are too many victims — potentially more than one million — to do individual outreach.

  • January 06, 2025

    Gemini To Pay CFTC $5M For Bitcoin Contract Statements

    Crypto exchange Gemini has agreed to pay a $5 million penalty to the U.S. Commodity Futures Trading Commission to resolve claims that it misrepresented certain aspects of a proposed bitcoin futures contract, according to a settlement agreement filed in New York federal court on Monday.

  • January 06, 2025

    Fed's Barr To Step Down As Supervision Head Next Month

    Federal Reserve Vice Chair for Supervision Michael S. Barr announced Monday that he will step down from his current role next month, a reversal that paves the way for President-elect Donald Trump to appoint his own head of the central bank's oversight of big banks and regulatory policymaking.

  • January 06, 2025

    Chinese Billionaire's Deputy Gets 10 Years For $1.4B Fraud

    A Manhattan federal judge sentenced a Chinese business manager to 10 years in prison Monday for her role assisting convicted billionaire Miles Guo's $1.4 billion fraud, saying the lawbreaking was egregious because it leveraged talk of bringing democracy to authoritarian China.

  • January 03, 2025

    CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules

    The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.

Expert Analysis

  • 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.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • What The SEC Liquidity Risk Management Amendments Entail

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    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.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    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.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    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.

  • 7 Takeaways For Investment Advisers From FinCEN AML Rule

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    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.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • 3 Patent Considerations For America's New Quantum Hub

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    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.

  • A Preview Of AI Priorities Under The Next President

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    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.

  • How Companies Are Approaching Insider Trading Policies

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    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.

  • What To Know About CFPB Stance On Confidentiality Terms

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    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.

  • How Methods Are Evolving In Textualist Interpretations

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    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.

  • Navigating New Enforcement Scrutiny Of 'AI Washing'

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    The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.

  • What's Next For Federal Preemption In Financial Services

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    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.

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