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Banking
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December 12, 2025
4 Big ERISA Litigation Developments From 2025's 2nd Half
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
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December 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Shell hit with a climate change claim from 100 survivors of a typhoon in the Philippines, London Stock Exchange-listed Oxford Nanopore bring legal action against its co-founder, and the editors of Pink News sue the BBC for defamation following its investigation into alleged sexual misconduct at the news site.
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December 11, 2025
FSOC To Tack Toward Deregulation For Growth, Bessent Says
U.S. Treasury Secretary Scott Bessent said Thursday that the Financial Stability Oversight Council will pivot toward a focus on promoting economic growth through deregulation, charting a new course for the panel that mirrors shifts underway at its member agencies.
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December 11, 2025
Visa Defeats Payments Co.'s 'Muddled' Antitrust Suit
A California federal judge Thursday dismissed a payment solutions company's lawsuit accusing Visa Inc. of monopolizing the card payment processing services market, criticizing the company's latest complaint as being "harder to follow" than one previously tossed and still failing to allege any antitrust injury.
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December 11, 2025
'Totally Unacceptable': Alsup Rips Feds In Student Loan Deal
U.S. District Judge William Alsup on Thursday denied the U.S. Department of Education's request for an 18-month extension to process over 200,000 loan cancellation applications for students claiming they were defrauded by colleges they attended, calling it "totally unacceptable" and setting an April deadline to get the job done.
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December 11, 2025
Visa Escapes Investor Suit Over DOJ Claims
A California federal judge has released Visa from a securities fraud suit accusing it of concealing anticompetitive debit practices that are the subject of a lawsuit filed by the U.S. Department of Justice, saying the plaintiffs did not show that Visa's alleged omissions caused investors losses.
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December 11, 2025
Zillow Cases Over Agent Steering, Kickbacks Merge In Wash.
A Washington federal judge appointed Hagens Berman Sobol Shapiro LLP and DiCello Levitt LLP as interim co-lead counsel over consolidated claims that Zillow paid kickbacks to brokers for referrals to its own mortgage services, among other anticompetitive conduct using company agents.
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December 11, 2025
Fed Terminates 3 Actions Against Credit Suisse, JPMorgan
The Federal Reserve said Thursday that it has terminated a trio of enforcement actions against Credit Suisse Group AG and JPMorgan Chase & Co., lifting consent orders that were tied to alleged illicit finance practices and trade surveillance failures.
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December 11, 2025
5th Circ. Backs Man's Convictions In $3.6M Fraud Scheme
The Fifth Circuit upheld conspiracy convictions for a Dallas man accused of fleecing a bank out of $3.6 million in renewed business loans, after rejecting his argument that the jury's learning of his brother's guilty plea tainted his case, ruling Wednesday that the plea did not directly implicate the man in the conspiracy.
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December 11, 2025
3 Firms Guide Enova's $369M Grasshopper Bank Acquisition
Fintech lender Enova International said Thursday it plans to buy digital bank Grasshopper in a $369 million deal guided by Covington & Burling LLP, Squire Patton Boggs LLP and Hogan Lovells LLP.
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December 11, 2025
Debt Collection Firm Hit With Class Claims In Philly
Jefferson Capital, a Minnesota-based debt collection firm, has been hit with a class action in Philadelphia alleging the company violated the Fair Debt Collection Practices Act and state law by contacting third parties in the vicinity of people who owed money.
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December 11, 2025
Terraform Founder Gets 15 Years For 'Epic' $40B Crypto Scam
A Manhattan federal judge hit Terraform founder Do Kwon with a 15-year prison sentence Thursday, saying he caused "real people to lose $40 billion in real money" as he orchestrated a massive fraud that sunk the once high-flying crypto concern.
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December 11, 2025
Attys Seek $9.8M For Opendoor Investor Suit Deal
Attorneys from Labaton Keller Sucharow LLP asked an Arizona federal court for nearly $10 million for their work negotiating a $39 million settlement between real estate firm Opendoor Technologies Inc. and its investors to resolve claims the company overhyped its pricing algorithm software.
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December 10, 2025
Ex-NY Gov Aide Rips Dearth Of Fact Witnesses In FARA Trial
Counsel for an aide to two New York governors on Wednesday tore into allegations that she secretly acted as an agent of the People's Republic of China, telling a Brooklyn federal jury that the government's case rests on nothing more than out-of-context chats and little relevant testimony.
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December 10, 2025
10th Circ. Asked To Rehear Colo. Opt-Out Interest Rate Suit
Banking groups have asked the Tenth Circuit for a full court rehearing of their challenge to a Colorado law intended to curb high-cost lending in the state, arguing that a recent panel decision upholding the law restricts state-chartered banks' interstate lending and creates a circuit split over the meaning of where loans are "made."
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December 10, 2025
Wyoming Charts New Legal Path To Launch Frontier Token
When a former federal prosecutor, now cryptocurrency regulator, was tasked with writing the rules to govern the first state-issued stablecoin, she looked to the U.S. Constitution and Wyoming's own laws to ensure the legality of the project rather than Congress' stablecoin law.
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December 10, 2025
Pennsylvania Panel Backs $931K Fine For Investment Adviser
A Pennsylvania appellate panel upheld a $931,000 fine for a Gladwyne, Pennsylvania-based investment adviser for selling unregistered securities, agreeing with a Department of Banking and Securities finding that the investments in "merchant cash advance" businesses were not federal securities exempt from the state Securities Act.
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December 10, 2025
Capital One, Influencers Seek OK For Commissions Deal
Financial services giant Capital One has pledged to pay influencers commissions, plus up to nearly $4 million in attorney fees and costs, and make changes to its online shopping browser extension to settle claims that it siphoned commissions away from influencer participants in its affiliate marketing program.
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December 10, 2025
Regulate AI With Existing Regs, Financial Industry Lobby Says
The Financial Services Institute on Wednesday recommended that regulators apply existing rules and standards to artificial intelligence, saying they should use new rules only when AI brings "genuinely new issues or significantly alters existing risks."
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December 10, 2025
Wells Fargo Says It Didn't Know Ex-Atty Stole From Clients
Wells Fargo is seeking to shed claims in Texas federal court alleging it turned a blind eye to a convicted former attorney's misuse of client funds held in accounts at the bank, arguing that the victims of the lawyer's fraud failed to show it knew of the misconduct.
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December 10, 2025
Court Asks If Morgan Stanley Liable In Alleged $250M Scheme
A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.
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December 10, 2025
Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals
A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.
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December 10, 2025
OCC Review Flags Big Banks For Debanking Policies
A top U.S. banking regulator said Wednesday that some of the nation's largest banks improperly restricted services to industries including adult entertainment and oil drilling, according to preliminary findings from a White House-commissioned debanking review.
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December 10, 2025
Weil, Reed Smith Build WTW's Newfront Buy For Up To $1.3B
Advisory, brokerage and solutions company WTW, advised by Weil Gotshal & Manges LLP, announced Wednesday it had agreed to acquire Reed Smith LLP-led broker Newfront for up to $1.3 billion in a deal that will expand WTW's reach in the middle market and presence in technology, fintech and life sciences.
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December 09, 2025
OCC Says Banks Can Transact In Crypto As Intermediaries
The Office of the Comptroller of the Currency said Tuesday that banks under its oversight may buy and sell digital assets for customers as "riskless principals," clearing this broker-stye activity as an extension of established banking practices.
Expert Analysis
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.
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Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand
Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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A Mortgage Lender's Guide To State Licensing Overhaul
Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.