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Banking
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October 29, 2025
Visa Must Face Cardholders' Antitrust Claims, Judge Says
A New York federal judge has trimmed two antitrust suits against Visa Inc. over its use of exclusive contracts in the U.S. debit card market, axing certain state law and damages claims but also finding that the consumer plaintiffs plausibly alleged the company's conduct suppressed competition.
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October 29, 2025
Bank Groups Press 5th Circ. To Rehear OCC In-House Case
Banking industry groups have urged the Fifth Circuit to revisit a panel decision allowing federal regulators to try banking enforcement cases in-house, arguing the ruling was wrong and risks stripping thousands of banks and millions of bankers of their right to a jury trial.
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October 29, 2025
CFPB's Biden-Era Open Banking Rule Put On Hold
A Kentucky federal judge on Wednesday barred the Consumer Financial Protection Bureau from enforcing its open banking rule until the regulator completes its reconsideration of the controversial data-sharing mandate.
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October 29, 2025
FINRA Incorporates AI Into Surveillance, Risk Reviews
The Financial Industry Regulatory Authority has made extensive use of artificial intelligence internally, including for market surveillance and conducting firm risk reviews, the regulator's top executive said Wednesday.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
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October 29, 2025
Shutdown Forces Tribes To Pick Food Or Heat, Senate Told
Native American nonprofit leaders say Indian Country is choosing between fuel and food after federal employee layoffs and what stands to be the longest government shutdown in U.S. history have forced tribes to burn through their emergency reserves to continue healthcare, housing and food services.
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October 29, 2025
Wells Fargo Says Ex-Executive's Whistleblower Suit Fails
Wells Fargo on Wednesday asked an Illinois federal judge to dismiss a suit from a former high-ranking testing and validation executive who said she was ultimately terminated for flagging reporting inaccuracies, arguing the plaintiff did not correctly report the alleged activity and failed to state a claim.
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October 29, 2025
Dems Spotlight Risks Of Crypto, Private Equity In 401(k) Plans
The Trump administration's support for cryptocurrency and other private market investments in American retirement plans is "dangerous," a group of Democratic senators told two agencies tasked with carrying out an executive order that aims to make it easier for retirement plans to feature such assets.
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October 29, 2025
Wells Fargo Agrees To Trim $481M Loan Suit Against JPMorgan
Wells Fargo, JPMorgan Chase & Co., New York City developer Meyer Chetrit and other parties submitted a proposed agreement that will get rid of most of Wells Fargo's nine-count suit accusing JPMorgan and the others in New York federal court of being liable for a $481 million mortgage loan deal that caused "tens of millions of dollars in losses."
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October 29, 2025
Halligan Defends Exchange With Reporter Flagged By James
Federal prosecutors argued that special media restrictions aren't needed in their case against New York Attorney General Letitia James, after her lawyers called out U.S. Attorney Lindsey Halligan's texts to a reporter in a filing last week and asked the court for an order barring further media communications.
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October 29, 2025
Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed
U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.
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October 29, 2025
Publix Heiress Asks To Quash IRS Summons For Bank Info
An heiress to the Publix grocery store chain asked a Florida federal court to quash an IRS summons seeking her bank information on behalf of Italian tax officials, arguing that the agency's request flouts the Italy-U.S. tax treaty.
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October 29, 2025
Capital One Cuts Deal To End OT Misclassification Suit
Capital One will pay $20,000 to end a former learning associate's suit accusing the bank of misclassifying her as overtime-exempt, with a Virginia federal judge signing off on the deal.
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October 28, 2025
Democrats Press Treasury, DOJ On Binance Founder's Pardon
Senate Democrats pressed leaders of the U.S. Department of the Treasury and the U.S. Department of Justice on how President Donald Trump's recent pardon of Binance founder Changpeng Zhao affects their ability to "hold criminals accountable," arguing in a Tuesday letter that the clemency came after a deal that "enriched" the president.
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October 28, 2025
Treasury Urged To Embrace Tech In Crypto Compliance Push
Cryptocurrency advocates and bank trade groups both urged the U.S. Department of the Treasury to issue guidance that will enable them to use novel technologies to keep up with illicit finance threats in digital asset markets, although banks cautioned the regulator to keep institutions and crypto upstarts on equal footing when it comes to burdens to fight money laundering.
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October 28, 2025
CFPB Calls Off Nonbank 'Fine Print,' Enforcement Registries
The Consumer Financial Protection Bureau on Tuesday continued its rollback of Biden-era policies, finalizing the closure of its nonbank enforcement registry and formally scrapping a plan to track financial firms' use of liability waivers and other "fine print" contract terms.
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October 28, 2025
Law Firm Countersues Lender In Battle Over Fraudulent Loan
A North Carolina law firm hit back Tuesday against a mortgage lender's professional negligence suit over a $510,000 loan a borrower alleged was fraudulent, arguing in a countersuit that the lender failed to properly verify the identities of the purported borrowers.
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October 28, 2025
Consumers Push To Revive BofA Fake Account Claims
A proposed class of consumers who accuse Bank of America of opening unauthorized accounts in their names have asked a North Carolina federal judge to amend their consolidated complaint, saying the proposed amendment would address the deficiencies the court found with their Fair Credit Reporting Act claims last month.
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October 28, 2025
Salvage Co. Gets OK To Subpoena Banks In $67M Case
Heavy lifting and transport company Mammoet Salvage BV won approval on Tuesday from a New York federal judge to subpoena several banks as it seeks information on assets belonging to Iraqi state-owned Basra Oil Co., part of its efforts to enforce an arbitral award now worth some $67 million.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
2 Firms Guide FirstSun, First Foundation Bank Merger
FirstSun Capital Bancorp, the holding company of Dallas-based Sunflower Bank NA, and First Foundation Inc., the parent company to Irvine, California-based First Foundation Bank, have announced plans to combine in an all-stock merger guided by Nelson Mullins Riley & Scarborough LLP and Alston & Bird LLP.
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October 28, 2025
Cleary Helps Barclays' $800M Deal To Buy US Loan Originator
Barclays PLC said Tuesday that it plans to acquire U.S. personal loan originator Best Egg Inc. for $800 million to help boost its customer lending business in America.
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October 27, 2025
Tom Hayes Slaps UBS With $400M Malicious Prosecution Suit
Former UBS trader Tom Hayes has filed a $400 million suit against his old employer, claiming the company "maliciously" framed him as the "evil mastermind" behind the company's Libor scandal despite the fact that he was explicitly directed to try to influence Libor submissions while at UBS.
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October 27, 2025
Venezuelan Oil Company Looks To Pause $3B Bond Ruling
A subsidiary of Venezuela's state-owned oil company is urging a New York federal judge to pause her ruling enforcing nearly $3 billion in defaulted bonds during an appeal, saying enforcement could permanently alter its business by taking away its "sole meaningful asset": the oil giant Citgo.
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October 27, 2025
CFPB Says States Can't Enact Medical Debt Reporting Bans
The Consumer Financial Protection Bureau said Monday that it now believes federal law blocks efforts by states to ban medical debt from credit reports or enact most other credit reporting rules of their own, breaking sharply from its Biden-era stance on the topic.
Expert Analysis
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DOJ Chemical Seizure Shows Broad Civil Forfeiture Authority
The U.S. Department of Justice’s recent seizure of meth precursor chemicals en route from China to Mexico illustrates the U.S. government's powerful jurisdictional reach to seek forfeiture of cartel-related assets, and company compliance programs must take note, say attorneys at White & Case.
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Series
NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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Despite Fraud Focus, SEC Still Targeting Technical Violations
The U.S. Securities and Exchange Commission under Chairman Paul Atkins has emphasized its back-to-basics strategy, focusing on identifying and combating fraud and manipulation, but at the same time, it has continued to pursue nonfraud-based actions targeting technical rule violations, a trend that will likely continue, say attorneys at Morgan Lewis.
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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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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.