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Banking
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July 07, 2025
Credit Suisse Can't Ditch Bondholder's UBS Merger Suit
A New York federal judge Monday rejected Credit Suisse's bid to escape investor litigation alleging it concealed the impact of quarterly losses and the bank's inability to retain clients leading up to its takeover by UBS AG while certifying a class of investors and consolidating two cases for pretrial proceedings.
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July 07, 2025
Fed Says Ex-Worker's Vaccine Bias Suit Belongs In DC
Federal Reserve Board leadership urged a North Carolina federal court Monday to trim a former employee's lawsuit claiming he was fired for refusing the COVID-19 vaccine and ship it to D.C., arguing he can't keep the case in the Tar Heel State because he worked remotely.
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July 07, 2025
Biggest Illinois Decisions Of 2025 So Far: A Midyear Report
State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.
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July 07, 2025
Lenders Accused Of Using Calif. Tribe To Dodge Usury Laws
A California resident has accused River Valley Loans and some business leaders allegedly associated with the company — including the son of TV host Dr. Phil — of operating a predatory lending scheme involving the Crow Creek Sioux Tribe to make short-term, small-dollar loans with illegally high interest rates.
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July 07, 2025
SEC Says Adviser Posed As Clients To Approve Fee Hikes
The U.S. Securities and Exchange Commission has sued a Chicago-based investment adviser and its owner for allegedly charging clients more than $2.5 million in unauthorized fees without clients' knowledge, accusing them of posing as clients to approve the fees online in some instances.
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July 07, 2025
11th Circ. Backs UBS' $6.5M Arbitration Win
The Eleventh Circuit has rejected a Puerto Rican man's bid to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. that stems from a long-running account contract dispute, finding there was no misconduct in the proceedings.
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July 07, 2025
Ex-Essential Oil Co. Manager Gets 6 Years For Fraud
A former manager of an essential oils company was sentenced to nearly six years in federal prison Monday for his role in an embezzlement scheme that stripped his employer of more than $29 million and awarded him millions in kickbacks he hid from the IRS, according to the U.S. Department of Justice.
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July 07, 2025
PHH Mortgage Loan Officers Urge NJ Court To Halt Calif. Deal
A California state court's decision to preliminarily approve a settlement in a case against PHH Mortgage would prevent California mortgage loan officers from pursuing their claims in their New Jersey federal court proceedings, two California workers told the New Jersey court.
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July 07, 2025
Asset Manager's Suit Against Lowenstein Sandler Tossed
A New York state judge has handed an early win to Lowenstein Sandler LLP against allegations it provided faulty advice in a client's bankruptcy, finding the asset manager that brought the suit was simply attempting "to shift the financial cost of the troubled company's failed business from its owners to its lawyers."
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July 07, 2025
Catching Up With Delaware's Chancery Court
In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.
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July 03, 2025
BofA Beats Class Cert. Bid Over Vacation Pay, For Now
A California federal judge Thursday refused to certify three putative classes of former Bank of America employees who accused the bank of not paying them their accrued, unused vacation time, saying a proposed class representative seemingly wasn't eligible for vacation time accrual.
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July 03, 2025
FDIC's Consumer Compliance Enforcement Surged In 2024
The Federal Deposit Insurance Corp. hit banks with a surge of consumer protection-related enforcement actions in the final year of the Biden administration, issuing the largest total dollar amount of fines in almost a decade, according to a new report from the agency.
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July 03, 2025
Merchants' Suit Against Bank And Payment Co. Gets Trimmed
An Ohio federal judge has trimmed two online merchants' claims that bank Pathward Financial Inc. and its partner payment company PayNetWorx LLC misrepresented fees and their compliance with card network rules, saying certain contracts may hold the bank liable for the payment company's alleged fraud but may bar some other claims.
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July 03, 2025
Experian Can Arbitrate Customer's FCRA Suit, 11th Circ. Says
Experian can arbitrate a customer's lawsuit alleging it failed to reasonably ensure the accuracy of her credit files after a fraudulent $26,922 car loan was reported, the Eleventh Circuit ruled Thursday, finding Experian provided competent, unrebutted evidence of her agreement to arbitrate after enrolling in credit-monitoring services with its affiliate.
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July 03, 2025
Planet Hollywood Blames BankUnited For $6M PPP Loan Debt
Planet Hollywood sued BankUnited on Wednesday, claiming the Miami-based bank misled the restaurant company and related entities in their applications for COVID-19 relief loans, leaving them on the hook for more than $6 million in debt that could have otherwise been forgiven.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
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July 03, 2025
CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
CMA To Review Global Payments' $24.2B Worldpay Deal
British competition officials said this week that they were beginning their initial evaluation of Global Payments Inc.'s plans, unveiled earlier this year, to purchase payments giant Worldpay from GTCR and FIS for $24.25 billion.
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July 03, 2025
Fla. Court Rejects Oral Pact Cutting Loan Interest To 7%
A Florida state appeals court has sided with a Nevada-based lender, reversing an oral agreement to reduce interest on a $2.6 million loan from 25% to 7%, saying such agreements must be in writing.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Ex-Treasury Official Joins Covington's Nat'l Security Practice
Covington & Burling LLP has boosted its national security practice with the hire of the former head of the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence under former President Barack Obama's administration as of counsel.
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July 03, 2025
Illinois Cases To Watch In 2025: Midyear Report
The impact of regulatory permits on insurance policy pollution exclusions, the debate over ditching two-step collective certifications and further interpretation of Illinois' biometric privacy law are at the heart of some of the state's biggest cases to watch through the end of the year.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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CFPB Vacatur Bid Sheds Light On Agency Decision-Making
While the CFPB's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to CFPB decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.