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Banking
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September 17, 2025
PTAB Told Variations From Prior Rulings Require Explanation
The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.
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September 17, 2025
Credit Investment Firm Sues UBS Over Naked Juice Loan Deal
A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.
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September 17, 2025
Billionaire Vik Eyes $11.5M Fee After Beating Deutsche Bank
A lawyer for billionaire Alexander Vik told a Connecticut appeals panel Wednesday that a judge should have followed Turks and Caicos Islands law to award more than $11.5 million in attorney fees when he beat Deutsche Bank in a long-running lawsuit that sought to collect on a $243 million judgment over unpaid margin calls.
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September 17, 2025
8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge
The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.
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September 17, 2025
NC Loan Servicer Can't Escape Default Warning Letter Suit
Housing loan servicer Selene Finance LP must face most of a putative class action accusing it of sending false and deceptive notices regarding loan defaults, with a North Carolina court finding that the plaintiffs have shown various elements of deception.
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September 17, 2025
EXIM Bank Wants Suit Over $20B Mozambique LNG Project Axed
The Export-Import Bank of the United States is asking a D.C. federal judge to toss green groups' effort to block $4.7 billion in financing for a liquefied natural gas project in Mozambique led by TotalEnergies SE.
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September 17, 2025
Atty Gets $4.3M Judgment Against Crypto Investment Cos.
A Pennsylvania state court has ordered four cryptocurrency companies to release more than $4.3 million in funds to a Pittsburgh attorney who claims the companies unjustly froze his accounts when he tried to make withdrawals.
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September 17, 2025
Del. High Court Probes Reviving Gellert Seitz Malpractice Case
A Delaware justice took aim at an argument she seemed to suggest wasn't fleshed out enough in appellate filings as a homebuilder's attorney urged the state Supreme Court on Wednesday to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case.
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September 17, 2025
Womble Bond Hires Longtime Clifford Chance Leader In DC
Womble Bond Dickinson LLP has hired a career Clifford Chance LLP lawyer in Washington who served in a number of leadership roles with the firm in his more than 35 years there, including most recently as the global co-head of its risk team and leader of its U.S. regulatory investigations and financial crime group.
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September 17, 2025
NY Regulator Pushes Blockchain Analytics For Compliance
New York's Department of Financial Services on Wednesday emphasized that it expects banks under its purview to incorporate blockchain analytics tools as part of their compliance programs if they're engaging in crypto activities.
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September 16, 2025
DOJ Fights Court Order To Reinstate NCUA Board Members
The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.
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September 16, 2025
Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling
A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.
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September 16, 2025
Fed. Circ. Won't Look At USAA's Nixed $223M Patent Verdicts
The full Federal Circuit declined Tuesday to scrutinize panel decisions that wiped out a pair of patent infringement verdicts against PNC Bank that totaled nearly $223 million, rejecting United Services Automobile Association's arguments that the appeals court wrongly invalidated its mobile check deposit patents.
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September 16, 2025
Chase Accused Of Credit Card Perks Bait-And-Switch
JPMorgan Chase Bank NA has been hit with a consumer's proposed class action accusing it of soliciting customers to pay for $750 credit card memberships and refusing to provide the card's promised benefits of select restaurant and streaming service payment reimbursement.
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September 16, 2025
Goldman, Morgan Stanley Beat Archegos Suit At 2nd Circ.
The Second Circuit on Tuesday upheld the dismissal of a lawsuit accusing Goldman Sachs and Morgan Stanley of profiting off insider knowledge that the investment firm Archegos Capital Management was about to collapse, ruling that the companies had no duty to withhold from trading on the information.
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September 16, 2025
Wells Fargo Brass Reach Settlement In 'Sham' Hiring Suit
Wells Fargo investors and executives have told a California federal judge they've reached a settlement in a derivative suit claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices.
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September 16, 2025
Starbucks Resolves Swipe Fee Claims With BofA, Mastercard
Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards.
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September 16, 2025
FDIC Gets More Discovery In SVB Fraud Coverage Row
A Chubb unit must comply with a previous order forcing it to give documents relating to the drafting history of certain policy provisions to Silicon Valley Bank former parent SVB Financial Group in a $73 million private equity fraud coverage dispute, a North Carolina federal court ruled.
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September 16, 2025
Influencers Walk Back Claim Of Capital One Settlement
Attorneys for a proposed class of social media influencers on Tuesday withdrew a notice of settlement in their suit accusing Capital One of stealing commissions from creators, saying no settlement exists and that they signed the notice on Capital One's behalf without permission.
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September 16, 2025
BlackRock Blames Coal Production Cuts On Falling Demand
BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.
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September 16, 2025
NJ Justices Suspend Atty Over Bank Loan Scheme Conviction
The New Jersey Supreme Court has indefinitely suspended an attorney and former director of the now-shuttered Park Avenue Bank after he was convicted for his role in a scheme to profit off of a loan using a straw borrower.
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September 16, 2025
Wachtell, Squire Patton Lead National Bank's $369M Vista Buy
Wachtell Lipton Rosen & Katz-advised National Bank Holdings Corp. has agreed to acquire Squire Patton Boggs LLP-led Vista Bancshares Inc. in a transaction valued at $369.1 million, the banks announced Tuesday.
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September 15, 2025
Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit
A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.
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September 15, 2025
Ex-Coinbase CLO, OCC Acting Chief Joins BitGo's Board
A former chief legal officer of digital asset exchange Coinbase Inc. and onetime acting head of the Office of the Comptroller of the Currency has joined the board of directors of cryptocurrency custodian BitGo Inc.
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September 15, 2025
2nd Circ. Upholds Dismissal Of Libor Rigging Claims
The Second Circuit on Monday affirmed the dismissal of investor lawsuits alleging multiple global banks, including UBS and Lloyds Bank, conspired to rig the benchmark interest rate Libor, which is tied to the British pound, finding the plaintiffs never showed they actually lost money from the alleged manipulation.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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5 Critical Changes Coming To Bankruptcy Rule 3002.1
Residential mortgage lenders and servicers should prepare for significant amendments to Bankruptcy Rule 3002.1 taking effect this December that will impose new filing requirements, codify how creditors handle untimely payment change notices and allow debtors to request status updates, say attorneys at Bradley Arant.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.