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Banking
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July 18, 2025
6th Circ. Won't Revive Ex-Ruby Tuesday Execs' Benefits Fight
The Sixth Circuit refused to reopen a suit from former Ruby Tuesday managers and executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, concluding a lower court was right to end the case in the bank's favor.
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July 18, 2025
2 Firms Score $35.5M Atty Fees In $71M Rate-Swaps Deal
Cohen Milstein Sellers & Toll PLLC and Quinn Emanuel Urquhart & Sullivan LLP have been awarded $35.5 million for their work on scoring $71 million in settlements of multidistrict litigation with top international investment banks, ending claims they allegedly schemed to limit market competition over interest rate swaps.
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July 18, 2025
2nd Circ. Shields Official From NRA's Free Speech Suit Again
A Second Circuit panel has said National Rifle Association's First Amendment lawsuit cannot survive a motion to dismiss because the former New York official accused of pressuring financial institutions to cut ties with the organization has qualified immunity.
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July 18, 2025
9th Circ. Turns Away Wells Fargo's 'Sham' Hiring Appeal
The Ninth Circuit has said it will not hear Wells Fargo's appeal of an investor lawsuit accusing the company of conducting "sham" job interviews to meet a diversity quota, allowing thousands of shareholders to move forward with their claims as a class.
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July 18, 2025
Norton Rose, Wachtell Guide $321.5M Texas Bank Deal
Wachtell Lipton-led Prosperity Bancshares Inc. said Friday it will acquire American Bank, advised by Norton Rose Fulbright, in an all-stock deal valued at roughly $321.5 million, expanding the Texas lender's footprint in key South and Central Texas markets.
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July 18, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.
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July 17, 2025
2nd Circ. Overturns Ex-HSBC Exec's 2017 Fraud Conviction
The Second Circuit on Thursday overturned the conviction of a former HSBC executive accused of defrauding a Scottish oil and gas company in a $3.5 billion currency exchange deal, finding his jury was improperly instructed on a now-invalid "right-to-control" theory of fraud.
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July 17, 2025
'Troubling': Dems Press CFPB Over Nixed Navy Federal Order
U.S. Senate Democrats are demanding answers from the Consumer Financial Protection Bureau over its decision to cancel a $95 million enforcement order against Navy Federal Credit Union, slamming the "abrupt reversal" as a betrayal of military families.
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July 17, 2025
Circle's Bank Plans Include Regulatory Vets At Helm
Stablecoin giant Circle has tapped Heath Tarbert, its president and former top derivatives regulator, as well as a former Office of the Comptroller of the Currency chief counsel to help oversee its proposed national trust bank, according to application materials made public Thursday.
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July 17, 2025
3 Crypto Bills Pass House, With Stablecoins Headed To Trump
The House of Representatives on Thursday agreed to send a bill to regulate stable-value tokens to the president's desk, in addition to advancing proposals to regulate crypto markets and ban the government from exploring the issuance of a digital dollar onto the Senate.
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July 17, 2025
SEC Atty Exits After Hiding Revoked License, OIG Says
A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.
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July 17, 2025
Mortgage Cos.' Wage Deal OK'd Without Waiver Language
A settlement resolving an overtime suit by former mortgage company workers will move forward, but without language saying the company's owners and its successor waived certain defenses against a former co-owner in his separate New Jersey state court case, a federal judge ruled.
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July 17, 2025
NC Justices Urged To Let Property Foreclose In Debt Fight
A company on the cusp of wrapping up the foreclosure sale of a Cornelius, North Carolina, land tract that is planned to be part of a larger mixed-use development has implored the state Supreme Court not to temporarily stay the sale.
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July 17, 2025
JPMorgan Chase Can't Force Arbitration In Client Racism Suit
A Washington federal judge has rejected a bid by JPMorgan Chase Bank NA to send a customer's racial discrimination suit to arbitration, concluding the bank did not show the arbitration clause in its deposit account agreement is valid and enforceable against the plaintiff family.
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July 17, 2025
Mortgage Co. Says Military Service Rule Bars Interest Lawsuit
A mortgage loan servicer accused of charging military members interest rates that exceeded a federal statutory cap says the leader of a proposed class action didn't perform qualifying service under the statute he invoked and his Connecticut federal case should probably be dismissed.
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July 17, 2025
IRS Leaker Asks DC Circ. To Bar Comments By Ex-Employer
A tech worker appealing a five-year sentence for leaking tax returns while on the job at the IRS through contractor Booz Allen asked the D.C. Circuit on Thursday to block his former employer from weighing in, saying the company's opinion that he should finish his prison term is irrelevant.
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July 17, 2025
US Bank, NetSpeed Must Help In Conn. Atty's ID Theft Probe
A Connecticut state court judge has directed U.S. Bancorp and internet service provider NetSpeed to provide documentation to an attorney who is alleging his identity was stolen and used to open fraudulent bank accounts.
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July 17, 2025
Firm Named Lead Counsel For REIT Securities Fraud Class
The Rosen Law Firm PA will serve as lead counsel for a proposed class of Sun Communities investors who claim the real estate investment trust failed to disclose that its CEO received a loan from a board member's relatives.
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July 17, 2025
EU Lawmakers Push For Tax Data Hub To Combat Evasion
Members of the European Parliament approved proposals for tax changes across the European Union, including a tax data hub to streamline compliance across the bloc and help combat tax avoidance and evasion.
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July 17, 2025
Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work
President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.
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July 16, 2025
Wells Fargo Sued Over 'Flippant' Mortgage Fee Refunds
A Wells Fargo mortgage borrower has filed a proposed class action against the bank, alleging the bank made an "inadequate" effort to resolve purported mortgage origination fee errors it has vaguely alerted certain borrowers to.
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July 16, 2025
Fed IG To Probe $2.5B HQ Renovation Amid Trump Criticism
The Federal Reserve's inspector general confirmed Wednesday that it plans to look into the central bank's $2.5 billion renovation of its Washington, D.C., headquarters, an overbudget project that has become a target of White House criticism of Fed Chair Jerome Powell.
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July 16, 2025
Disbarred Atty Urges 9th Circ. To Nix $243M Loan Scam Order
A Ninth Circuit panel appeared skeptical Wednesday of a disbarred attorney's bid to unwind an order requiring the lawyer to pay $243 million for his role in a student loan scam, pressing back against his claim that he had no opportunity to depose two witnesses because he was in custody.
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July 16, 2025
House Crypto Bills Clear Procedural Hurdle After Late Stall
Three pieces of crypto legislation moved forward late Wednesday night after stumbling at a procedural hurdle in the House of Representatives as multiple Republican lawmakers broke with their party and temporarily withheld their support.
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July 16, 2025
2nd Circ. Backs Argentina In Bondholders' $360M Debt Suit
Argentine debtholders claiming the country owes them more than $360 million in improperly withheld payments lost their case before the Second Circuit on Wednesday, which ruled that the bonds' governing documents prohibited the lawsuits.
Expert Analysis
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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SEC's Crypto Statement Offers Clarity On Disclosures
While the crypto industry awaits a definitive rule from the U.S. Securities and Exchange Commission on whether a crypto-asset is a security, its recent guidance provides a road map for registrants seeking to comply with current disclosure requirements and shows the commission is working toward a comprehensive regulatory framework, say attorneys at Debevoise.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split
The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.