A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.
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THURSDAY, SEPTEMBER 24, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

WH Aide Says CFTC Needs Congress For Full Crypto Powers

By Aislinn Keely

A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.

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Kalshi, NM Tribes Face Off Over Sports Bets On Tribal Land

By Crystal Owens

Attorneys for Kalshi and four New Mexico Indigenous nations clashed Wednesday in New Mexico federal court over whether the prediction market platform is operating unlawful Class III gambling on tribal lands in violation of the Indian Gaming Regulatory Act, with arguments centering on precedent and nonmember tribal activity.

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State Pols Urge Justices To Rein In Kalshi's Sports Offerings

By Alex Lawson

A coalition of state lawmakers has urged the U.S. Supreme Court to review a Third Circuit decision allowing Kalshi to keep its sports offerings online in New Jersey, emphasizing that sports betting oversight must be left to the states.

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Banking Dems Protest GOP-Only Prediction Market Talks

By Rae Ann Varona

Every Democratic senator on the Banking Committee on Wednesday urged the panel's chairman, Sen. Tim Scott, R-S.C., to hold a public hearing on prediction markets, the same day Scott held a Republican member meeting with the CEO of sports betting platform Kalshi.

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POLICY & REGULATION

Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

By Celeste Bott

An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

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LITIGATION

Crypto Co. Wins Bid To Send $100M RICO Suit To Arbitration

By Joyce Hanson

A California federal court has granted data cloud platform Cerebellum Networks Inc.'s motion to compel arbitration in a former employee's $100 million suit accusing company executives of running a pump-and-dump cryptocurrency fraud scheme.

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BofA Customers Drop Suit Over Post-Jan. 6 Data-Sharing

By Jon Hill

A proposed class action accusing Bank of America NA of illegally sharing customer information with law enforcement after the Jan. 6, 2021, U.S. Capitol attack has quietly come to an end, according to a notice filed late Tuesday in Florida federal court.

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EXPERT ANALYSIS

Banks Should Stay Disciplined As OCC, FDIC Ease Oversight

Despite a newly issued Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. rule that narrows the range of conduct that regulators may require institutions to remediate, prudent risk management suggests banks should still document how they arrive at their risk determinations, say attorneys at Crowell & Moring.

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Opinion

Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

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LEGAL INDUSTRY

Tarter Krinsky Data Breach May Have Affected Health Info

By Andrea Keckley

Tarter Krinsky & Drogin LLP said in a letter this month that a data breach last year may have compromised protected health information the firm possessed due to its representation of an unnamed healthcare provider.

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'I'm Tired Of This': Judge Scolds Atty In Romantasy Suit

By Theresa Schliep

A New York federal judge has reprimanded counsel for a writer in a failed copyright infringement lawsuit over the "Crave" book series, insisting the plaintiff answer all questions in a deposition over attorney fees and writing that she was "tired of this" and "indeed being jerked around."

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Goldstein Not Leaving Prison Any Time Soon, 4th Circ. Rules

By Jeff Overley

The Fourth Circuit balked late Wednesday at freeing Tom Goldstein from prison as he fights felony convictions, and it rejected fast-track review of the renowned appellate advocate's trial, indicating he'll likely spend substantial time behind bars even if his appeal succeeds.

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Analysis

Newman's Roadblocks Guide Judicial Conduct Reform Bill

By Dani Kass

The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

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Senate Confirms Abbott Aide To Texas Federal Bench

By Courtney Bublé

The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.

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Fed. Panel At Standstill Over ABA Law School Accreditor Role

By Emma Cueto

A key U.S. Department of Education committee deadlocked Wednesday over whether the American Bar Association council responsible for approving law schools should continue as a federally recognized accreditor, tabling the issue until Thursday after different proposals failed to win majority support.

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COMPANIES IN TODAY'S NEWS

America's Credit Unions

American Bankers Association

American Bar Association

Anthropic PBC

Bank of America Corp.

Conference of State Bank Supervisors

Federal Home Loan Bank of Boston

Getty Images Holdings Inc.

Illinois Bankers Association

Illinois Credit Union League Inc.

Kalshi Inc.

Live Nation Entertainment Inc.

Microsoft Corp.

New Civil Liberties Alliance

OpenAI OpCo LLC

LAW FIRMS IN TODAY'S NEWS

Bryan Cave Leighton Paisner

Cooley LLP

Crowell & Moring

Doniger Burroughs

Federman & Sherwood

Gunster Yoakley

Hanson Bridgett

Jones Day

Jones Walker LLP

Klaris Law

Kowert Hood

Levin Law PA

Liang Ly

Lieff Cabraser

Milbank LLP

Oppenheim & Zebrak

Orrick Herrington

Reeder McCreary

Rey-Bear McLaughlin

Schlam Stone

Seyfarth Shaw

Simpson Thacher & Bartlett

Skadden Arps

Snell & Wilmer

Tarter Krinsky

GOVERNMENT AGENCIES IN TODAY'S NEWS

Blue Lake Rancheria

California Attorney General's Office

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Federal Bureau of Investigation

Federal Deposit Insurance Corp.

Federal Reserve System

Financial Crimes Enforcement Network

Judicial Conference of the United States

Mescalero Apache Tribe

National Credit Union Administration

National Indian Gaming Commission

New York Department of Financial Services

Office of Foreign Assets Control

Office of the Comptroller of the Currency

Pueblo of Isleta

Pueblo of Pojoaque of New Mexico

Pueblo of Sandia

Texas Office of the Governor

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Mexico

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Western District of Oklahoma