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Banking
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January 14, 2026
2nd Circ. Suspects Forum Shopping In Credit Suisse Suit
Two Second Circuit judges Wednesday sounded inclined to uphold the dismissal of a breach of duty claim against Credit Suisse and others tied to its auditing firm, with one saying the decision to bring the stock-plunge case in New York "almost smacks of forum shopping."
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January 14, 2026
MoFo Taps Ex-FTX GC, Associate Counsel As Fintech Partners
The former top lawyer and another former in-house counsel at imploded cryptocurrency exchange FTX have joined Morrison Foerster LLP as partners in its financial services and fintech industry groups, the firm announced on Wednesday.
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January 14, 2026
$9.6M Deal Over Capital One 401(k) Forfeitures Gets 1st OK
A New York federal judge preliminarily approved Capital One Financial Corp.'s $9.6 million settlement to end a proposed class action alleging it improperly used $42.65 million in forfeited employee funds that were paid into the company's retirement plan to reduce its own contributions instead of curtailing administrative costs.
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January 14, 2026
Alternative Asset 401(k) Investing Rule Sent To OMB
The White House Office of Management and Budget is reviewing a proposed rule from the U.S. Department of Labor's employee benefits arm related to fiduciary duties involved with alternative asset investing in 401(k)s, marking the last hurdle before the regulations' release for public comment.
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January 13, 2026
Sen. Crypto Bill Tees Up DeFi, Stablecoin Yield For Key Hearing
The Senate Banking Committee's latest proposal to regulate crypto markets takes on issues like decentralized finance, stablecoin interest and customer protections not addressed in previous versions, but experts said the text is far from final and much is to be hammered out at a key hearing this week.
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January 13, 2026
Credit-Card Fight Heats Up As Trump Backs Swipe Fee Bill
Bankers moved swiftly Tuesday to push back on President Donald Trump's late-night endorsement of legislation that he said will stop "out of control" credit-card swipe fees, his latest broadside against the credit card industry that has lenders on the defensive over costs.
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January 13, 2026
Old Glory Bank Plans Nasdaq Debut With SPAC Deal
Old Glory Bank, a crypto-friendly lender led by several allies of President Donald Trump and former administration officials, announced Tuesday that it plans to merge with special purpose acquisition company Digital Asset Acquisition Corp. to create a Texas-based corporation named OGB Financial Co.
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January 13, 2026
BofA Again Moves To Ax Epstein-Related Trafficking Claims
Bank of America urged a New York federal judge to dismiss an amended proposed class action alleging it enabled Jeffrey Epstein's sex-trafficking operation, arguing Monday that the plaintiff's "second bite at the apple" still fails to state a claim under the Trafficking Victim Protection Act and "adds nothing of substance."
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January 13, 2026
2 Firms Advise On US Bancorp's Up To $1B BTIG Deal
Sullivan & Cromwell LLP is advising U.S. Bancorp on its up to $1 billion agreement to acquire Kirkland & Ellis LLP-advised financial services firm BTIG LLC, U.S. Bancorp announced Tuesday.
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January 13, 2026
State Street Owes NC Investor $650K In Crypto Refund Suit
A North Carolina federal judge ruled that investment management firm State Street Global Advisors wrongfully withheld $650,000 from an investor who transferred cryptocurrency to a digital wallet, awarding him damages for his unjust enrichment and conversion claims, but not fees for his attorneys.
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January 13, 2026
Mass. Court Clears Title Insurer In Lender's Foreclosure Loss
A title insurance company's successful effort to dissolve a previously missed $1.6 million attachment on a piece of property was all that was required to absolve it of liability to a second mortgage lender after the primary lender foreclosed, a panel of Massachusetts' intermediate-level appeals court concluded Tuesday.
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January 12, 2026
4 Ways DOJ Probe Into Powell Could Be Risky For Trump
The criminal probe that President Donald Trump's U.S. Department of Justice has opened into Federal Reserve Chair Jerome Powell dramatically escalates administration pressure on the central bank, but it is not without significant potential risks for the White House.
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January 12, 2026
Capital One's Revised $425M Rate Deal Gets Judge's Initial OK
A Virginia federal judge Monday preliminarily approved a revised settlement with Capital One over claims the bank deceptively advertised its 360 Savings accounts, with the new deal more than doubling the value of an earlier proposed deal the judge had refused to approve.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
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January 12, 2026
CFPB, DOJ Revoke Lender Guidance On Anti-Immigrant Bias
The Trump administration is withdrawing Biden-era guidance from the Consumer Financial Protection Bureau and U.S. Department of Justice that cautioned lenders about refusing to provide credit to immigrant borrowers, saying it believes the withdrawal clarifies that lenders may legally consider immigration status under several circumstances.
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January 12, 2026
Crypto Custody Startup Bitgo Launches Plans For $189M IPO
BitGo is looking to raise roughly $189 million in an upcoming public offering steered by Fenwick & West LLP, the cryptocurrency custodian said Monday.
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January 12, 2026
Senate Ag Panel Punts Crypto Markup As Banking Pushes On
Senate Agriculture Committee Chairman John Boozman, R-Ark., said Monday that he's delaying a markup on a forthcoming crypto market structure proposal to the end of the month to accommodate further bipartisan negotiations, while the Senate Banking Committee said it still intends to hold its own markup.
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January 12, 2026
PayPal Looks To Nix Merchant Rules Case For 3rd Time
PayPal is seeking to escape the latest version of a proposed class action accusing it of illegally boosting online retail prices with restrictive merchant agreements, saying the consumers do not address deficiencies identified by the court in two previous dismissals.
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January 12, 2026
KeyBank, DACA Recipient Settle Immigration Bias Class Action
A Deferred Action for Childhood Arrivals recipient and KeyBank have reached a settlement in Colorado federal court over his proposed class action alleging that one of the bank's units denied him student loan refinancing services due to his immigration status.
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January 12, 2026
Ex-Goldman Exec Faces July FCPA Trial Over Ghana Deal
A Brooklyn federal judge Monday teed up a midsummer trial for a former Goldman Sachs banker accused of violating the Foreign Corrupt Practices Act by bribing Ghanaian officials to secure a power plant deal.
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January 12, 2026
DC Circ. Told $100K H-1B Fee Threatens Congress' Tax Power
The U.S. Chamber of Commerce urged the D.C. Circuit to bar the Trump administration from charging employers its new $100,000 H-1B visa fee, arguing it presents a "grave threat" to Congress' exclusive power to levy taxes.
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
High Court Won't Hear Citigroup Appeal Of Fraud Suit
The U.S. Supreme Court on Monday declined to take up Citigroup's appeal of the revival of a nearly decade-long suit alleging the bank ran a massive cash advance fraud scheme.
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January 12, 2026
Justices To Pass Up SunTrust's Arbitration Opt-Out Question
The U.S. Supreme Court on Monday declined to hear a petition from SunTrust Bank over whether a Georgia court ruling allowing a proposed class representative to opt out of arbitration on behalf of all proposed class members is preempted by the Federal Arbitration Act.
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January 12, 2026
Paul Hastings Taps DOJ Alum From Cravath As Litigation Head
Paul Hastings LLP announced Monday that it is continuing to expand its litigation department with the hire of a former high-ranking U.S. Department of Justice official who most recently chaired Cravath Swaine & Moore LLP's investigations and regulatory enforcement practice, calling him "one of the nation's top litigators."
Expert Analysis
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5 Evolving Marketing Risks That Finance Cos. Should Watch
Financial services providers should beware several areas where consumer protection regulators are broadening their scrutiny of modern marketing practices, such as the use of influencer testimonials or advertisements touting artificial intelligence-powered products, so they can better adapt to changing expectations for compliance, say attorneys at Hinshaw.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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Hybrid Claims In Antitrust Disputes Spark Coverage Battles
Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.
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Better Crypto Insurance Is Attainable Amid Regulatory Shifts
With regulatory clarity improving and insurance carriers taking an increasingly constructive approach, crypto industry participants can improve their insurance coverage and pricing if finance, legal and compliance teams take specific steps, say Walker Newell and Jacob Sawyer at Woodruff-Sawyer.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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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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Series
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.