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Banking
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July 29, 2025
8th Circ. Says Bankruptcy Sale Appeal Dead Without Stay
The Eighth Circuit on Tuesday rejected a woman's bid to undo an order approving a sale in her Chapter 7 bankruptcy, saying she didn't get a stay of the sale and so her appeal had to be dismissed.
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July 29, 2025
Pa. Bank Slams Ponzi Investors' 'Search For Scapegoats'
A Pennsylvania-based community bank has urged a federal judge to dismiss a proposed class action accusing it of enabling a $155 million Ponzi scheme carried out by a Pennsylvania dentist and a Texas attorney, arguing that the case attempts to unconstitutionally import Texas securities law into the Keystone State.
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July 29, 2025
Prime Core Ch. 11 Trust Seeks Return Of $2.1M In Transfers
The litigation trust for Prime Core Technologies has sued to claw back $2.1 million in cash and cryptocurrency paid out to customers in the weeks before its bankruptcy filing, saying other creditors are facing a serious recovery shortfall worsened by the payments.
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July 29, 2025
Crypto Mixer Execs To Change Plea In Samourai Wallet Case
The two co-founders of crypto mixer Samourai Wallet told a New York federal judge on Tuesday that they intend to change their not guilty pleas after initially fighting charges that they facilitated over $2 billion in unlawful transactions.
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July 29, 2025
REIT Shareholders File 'Improper Lending' Suit Against Execs
Two Arbor Realty Trust Inc. shareholders hit several of the real estate investment trust's executives, including its president and CEO Ivan Kaufman, with a derivative suit on Tuesday alleging they made the REIT use "improper lending practices" that saddled the company "with a severely distressed loan portfolio."
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July 29, 2025
Flywire Hid Impact Of Student Visa Restrictions, Investor Says
Payment technology company Flywire Inc. has been hit with a proposed shareholder class action in New York federal court accusing the company of attempting to minimize the impact of international student visa restrictions, particularly in Australia and Canada, on its revenues.
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July 29, 2025
BofA Accuses FDIC Of $250M Rate Flip-Flop In Premiums Suit
Bank of America has accused the Federal Deposit Insurance Corp. of making a "startling" about-face in their long-running deposit insurance dispute in Washington, D.C., federal court, claiming the agency is pushing to extract hundreds of millions in extra interest after the bank paid what it says was the full $657 million judgment owed.
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July 29, 2025
Calif. Privacy Agency Fines Data Broker For Skirting Registry
The California Privacy Protection Agency on Tuesday announced its latest enforcement action under a groundbreaking state data deletion law, imposing a more than $55,000 fine on a Washington-based data broker on allegations it failed to fulfill its registration obligations last year.
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July 29, 2025
Oft-Penalized Deutsche Bank Finds New GC From Freshfields
Deutsche Bank AG on Tuesday said a senior partner at Freshfields LLP who specializes in corporate criminal defense will become its new general counsel on Sept. 15.
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July 29, 2025
SEC, Crypto Bank Veteran Joins DeFi Platform As GC
A former senior attorney with the U.S. Securities and Exchange Commission, who most recently served as cryptocurrency bank Anchorage Digital's general counsel, is taking her experience navigating federal regulations and institutional demands to decentralized finance infrastructure platform Veda, the firm announced Tuesday.
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July 29, 2025
4th Circ. Rejects BofA's Claim Of Tax Offsets After Mergers
Bank of America cannot use its tax overpayments to offset interest on tax underpayments by Merrill Lynch just because the two companies later merged, the Fourth Circuit affirmed Tuesday in a $163 million case that affects more than 20 years' worth of tax adjustments.
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July 29, 2025
What To Watch As Deadline Looms For Jay Clayton At SDNY
The clock is ticking closer to the expiration of Jay Clayton's appointment as interim U.S. attorney for the Southern District of New York, setting him on a likely collision course with the district's judges, who have the power to vote on whether he can continue overseeing one of the top prosecutorial offices in the country.
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July 28, 2025
Rocket Cos. Investor Ends Fraud Suit After Class Cert. Denial
A pension fund that had previously attempted to lead a suit in Michigan federal court against Rocket Companies Inc. has agreed to drop all its claims in the shareholder litigation accusing the mortgage business of concealing a downturn in loan volume.
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July 28, 2025
Fed Committee Meetings Will Remain Closed, Judge Rules
A D.C. federal judge shot down a President Donald Trump ally's bid to open up the Federal Reserve's Federal Open Market Committee meetings to the public Monday, questioning whether the suit was a stunt to gin up interest in his new "anti-DEI" investment fund.
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July 28, 2025
SEC Gets Early Win In Fraud Case Against Ex-Citi, Cetera Rep
A New York federal court has granted the U.S. Securities and Exchange Commission a summary judgment win in the regulator's securities fraud case against a former Citigroup and Cetera registered representative, in a case accusing her of stealing $2.4 million from an elderly client.
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July 28, 2025
Fiserv Misled Investors On Platform Growth, Suit Says
Fiserv has been hit with a proposed shareholder class action in New York federal court accusing the payment processing technology company of artificially inflating its growth numbers through the forced migration of customers from its older platform to a newer, more expensive system.
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July 28, 2025
Newly Public Crypto Platform Tron Files Plans To Raise $1B
Crypto platform Tron on Monday filed plans with the U.S. Securities and Exchange Commission to raise $1 billion over time, making preliminary plans for future capital raises following its public listing on Nasdaq through a reverse merger.
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July 28, 2025
Insurers Sued Over Refusal To Cover Arbitration Defense
Institutional financial services venture StoneX Group Inc. sued XL Specialty Insurance Co., Ironshore Indemnity Inc. and others in Delaware state court, alleging multiple unjustified refusals to provide defense coverage in arbitration over trade secret and no-compete violations by five employees.
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July 28, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 25, 2025
Pullman & Comley Didn't Flag 'Falsified' $16M Loan, Suit Says
Pullman & Comley LLC didn't discover that the executive director of a Connecticut municipal housing authority had allegedly forged a connected company's $16.2 million loan application before penning a letter claiming the deal appeared solid, the lender, who was not a client, has alleged in a lawsuit.
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July 25, 2025
DC Circ. Pauses Order Reinstating 2 NCUA Members
The D.C. Circuit on Friday intervened and granted the Trump administration's request to pause a Washington federal judge's order reinstating two National Credit Union Administration board members fired by President Donald Trump, after the federal judge declined to pause the order himself.
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July 25, 2025
Texas Justices Leave Atty Fees In UDJA Cases Alone, For Now
The Texas Supreme Court declined to take up a case dealing with attorney fees in suits where a court defines a legal relationship, but in a Friday opinion one justice wrote that the court will eventually need to address how jurisdiction plays into the issue.
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July 25, 2025
Veteran CFPB Enforcement Atty Heads For The Exit
A longtime Consumer Financial Protection Bureau litigator told a Virginia federal court on Friday that she is leaving after more than a decade at the agency, becoming the latest departure at the regulator as its future under the Trump administration remains in limbo.
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July 25, 2025
3rd Circ. Won't Review $3.2M Wawa Breach Fee Award
The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.
Expert Analysis
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules
Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.
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Roundup
Ohio Banking Brief
In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in Ohio banking regulation and policymaking.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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New Interpol Silver Notice Could Be Tool For Justice Or Abuse
Interpol has issued dozens of Silver Notices to trace and recover assets linked to criminal activity since January, and though the tool may disrupt organized crime and terrorist financing, attorneys must protect against the potential for corrupt misuse, say attorneys at Clark Hill and Arktouros.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.