Banking

  • May 07, 2025

    Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule

    Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.

  • May 07, 2025

    OCC Affirms Banks' Crypto Custody, Execution Capabilities

    The Office of the Comptroller of the Currency on Wednesday made clear that banks can buy and sell crypto on behalf of their customers and outsource custody services to third parties, reaffirming a stance the regulator first took in 2020.

  • May 07, 2025

    Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures

    The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.

  • May 07, 2025

    Moelis Atty Says Chancery Ruling 'Handcuffed' Co.

    A Delaware Court of Chancery ruling that last year invalidated a decade-old stockholder agreement granting broad corporate powers to investment bank Moelis & Co.'s founder "handcuffed for no reason" directors of state-chartered corporations, an attorney for the company told Delaware's Supreme Court on Wednesday.

  • May 07, 2025

    Deutsche Bank, Computacenter Sued For Firing Whistleblower

    An ex-information technology employee at Computacenter has sued the company, Deutsche Bank and his ex-supervisor for $25 million in New York state court alleging he was fired for blowing the whistle on a security breach in which his colleague's girlfriend purportedly accessed private client information.

  • May 07, 2025

    Walgreens Wants 'Far-Fetched' Shareholder Suit Tossed

    Walgreens contends that a proposed class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division and primary clinic investment must be dismissed because it lacks factual allegations to back its claim that Walgreens made any misstatements to shareholders about its financial outlook, let alone with fraudulent intent.

  • May 07, 2025

    Boston Judge Tosses Mastercard Payments Monopoly Claims

    Payments giant Mastercard Inc. no longer faces a cross-platform tap & pay mobile wallet company's monopolization claims after a Massachusetts federal judge found, among other things, that Mastercard doesn't actually dominate the relevant market.

  • May 07, 2025

    FSOC Rethink Of SIFI Labeling 'Is On Agenda,' Bessent Says

    U.S. Treasury Secretary Scott Bessent signaled at a U.S. House hearing on Wednesday that the Financial Stability Oversight Council may seek again to curb its power to single out large asset managers and other nonbank financial firms for heightened regulation.

  • May 07, 2025

    Wells Fargo Forced Short Sales Despite CARES Act, Suit Says

    Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.

  • May 07, 2025

    US Bancorp Retirees Pare Down Class Status Request

    A trio of U.S. Bancorp retirees asked a Minnesota federal judge for class status in their lawsuit claiming the company underpaid workers who opted for early retirement, arguing that a narrowed class definition should allay concerns previously identified by the court.

  • May 07, 2025

    Cannabis Firm Faces $11M Loan Default Lawsuit In Colo.

    A lender is suing a cannabis company that operates cultivators and more than 60 dispensaries in Colorado and Mexico, alleging it owes more than $11 million on a loan, has defaulted on that loan, and has been attempting to devalue collateral held by the lender.

  • May 07, 2025

    Edward Jones' Arbitration Delay Lets Worker Return To Court

    Edward Jones' delay in paying the required fees to arbitrate a former employee's wage and hour claims allows the worker to take her claims back to court, a California appeals court ruled.

  • May 06, 2025

    PennyMac Wins Quick 9th Circ. Appeal Of Libor-Rate Ruling

    A California federal judge on Monday allowed PennyMac entities to pursue their quick appeal in a proposed class action alleging they illegally imposed a lower fixed interest rate instead of a variable rate on preferred-stock dividends, asking the Ninth Circuit to clarify whether the Libor Act bars such fixed rates.

  • May 06, 2025

    VIX Note Investors Can't Revise Revived Suit, Judge Finds

    Investors who claimed Credit Suisse manipulated the market for a certain exchange-traded note it issued can't revise their suit to add claims about the bank's lending practices and internal calculations, a New York federal judge has determined.

  • May 06, 2025

    DC Circ. Sides With BofA In COVID Market Loss 'Uphill Battle'

    The D.C. Circuit on Tuesday refused to revive a Bank of America client's suit claiming the bank should've tried to stop him from dumping his investments when the market tanked at the beginning of the pandemic, finding the bank is shielded by an investment contract and calling his claims an "uphill battle."

  • May 06, 2025

    SDNY Taps Sullivan & Cromwell Atty To Lead Criminal Division

    A former Sullivan & Cromwell LLP partner has been selected to lead the U.S. Attorney's Office for the Southern District of New York's criminal division, according to an announcement made Tuesday.

  • May 06, 2025

    Judge Scolds US Over 'Vague' Bid To Stay $380M Award Row

    A California federal judge has scolded the Trump administration as it tries to seize part of a $380 million arbitral award purportedly tied to embezzled Malaysian funds, saying it has not constructively engaged in the discovery process while seeking a stay during related criminal proceedings.

  • May 06, 2025

    Experian Trims But Can't Ditch CFPB's Credit Reporting Suit

    Experian must continue facing the U.S. Consumer Financial Protection Bureau's lawsuit accusing it of mishandling consumer credit reporting disputes as a California federal judge on Monday tossed some but not all of the bureau's claims against the credit reporting agency.

  • May 06, 2025

    4th Circ. Affirms Win For Ariz. Law Firm In 'Sham' TCPA Suit

    The Fourth Circuit on Tuesday upheld a lower court's decision to vacate a $2 million jury award against a Phoenix-based law firm, saying the dozens of Telephone Consumer Protection Act cases the firm brought against a student loan servicer shouldn't be considered "sham litigation" as the jury initially held.

  • May 06, 2025

    B. Riley Escapes Investor Suit Over National Holdings Buyout

    Delaware's Chancery Court has dismissed B. Riley Financial Inc. from a suit challenging its 2021 acquisition of National Holdings Corp., rejecting a former National stockholder's claim that B. Riley controlled the negotiations in the shadow of its significant stake in National.

  • May 06, 2025

    Morgan Stanley Says SEC Has Closed Cash Sweep Probe

    The U.S. Securities and Exchange Commission has ended an investigation into Morgan Stanley's cash sweep program without recommending an enforcement action, the bank told investors.

  • May 06, 2025

    CFPB Abandons Enforcement Of Buy Now, Pay Later Rule

    The Consumer Financial Protection Bureau announced Tuesday that it will not prioritize enforcement actions taken on buy now, pay later products, adding to the list of positions the agency is reviewing or rolling back under the organization's new leadership.

  • May 06, 2025

    3rd Circ. Won't Review PNC's $106M No-Coverage Ruling

    The Third Circuit declined Tuesday to reconsider its decision that PNC Bank isn't owed coverage for a $106 million judgment it incurred over claims that its predecessor mismanaged funeral trust accounts.

  • May 06, 2025

    EPA Urges DC Circ. To Block Climate Change NGO Grants

    The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.

  • May 06, 2025

    State Officials Say CFPB Is Holding Up $4.2M Redress Checks

    Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.

Expert Analysis

  • Opinion

    Ripple Settlement Offers Hope For Better Regulatory Future

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    The recent settlement between the U.S. Securities and Exchange Commission and Ripple — in which the agency agreed to return $75 million of a $125 million fine — vindicates criticisms of the SEC and highlights the urgent need for a complete overhaul of its crypto regulation, says J.W. Verret at George Mason University.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • OCC Patriot Bank Order Spotlights AML Issues For Managers

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    The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.

  • FDIC Shift On ALJs May Show Agencies Meeting New Norms

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    The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.

  • Opinion

    GENIUS Act Can Bring Harmony To Crypto-Banking Discord

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    ​​​​​​​By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

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