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Banking

  • October 17, 2018

    NY Times Urges Judge To Unseal Docs In Trump Dossier Row

    The New York Times asked a Florida federal court Wednesday to unseal documents filed by both sides of a Russian tech executive’s defamation lawsuit against BuzzFeed over its publishing of a dossier alleging ties between Russia and President Donald Trump.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Treasury Declines To Name China A Currency Manipulator

    The U.S. Department of the Treasury declined to name China as a currency manipulator in its semiannual report Wednesday amid growing trade tensions with Beijing, but nevertheless gave a stern warning about the overall weakness of the Chinese currency renminbi and the lack of transparency in its monetary system.

  • October 17, 2018

    FirstEnergy's Bankrupt Units Seek OK For $25M Credit Deal

    FirstEnergy’s bankrupt power generation subsidiaries have asked an Ohio bankruptcy court to allow them to take out up to $25 million in letters of credit, saying the credit will help to keep the company’s seven power plants in operation.

  • October 17, 2018

    FSOC Pulls SIFI Tag From Prudential, Last Nonbank To Have It

    The Financial Stability Oversight Council said Wednesday that it has decided to rescind insurer Prudential Financial Inc.’s designation as a systemically important financial institution, freeing it from enhanced regulatory supervision and leaving no nonbank financial firms classified as “too big to fail.”

  • October 17, 2018

    Gov't Ready For Manafort Sentencing On Some Counts

    Federal prosecutors on Wednesday said they are ready to schedule a sentencing hearing for President Donald Trump's former campaign Chairman Paul Manafort, but said they want to keep open their option to retry Manafort on 10 counts that left a Virginia federal jury deadlocked in August.

  • October 17, 2018

    KKR's Auction Abuse Claims Dismissed As 'Joke' In Apt. Row

    A New York state judge gleefully smacked down counterclaims — including one he called “a joke” — on Wednesday against a real estate owner and manager that sued KKR & Co. LP and investment bank Macquarie for allegedly rigging an auction for $100 million in Texas property.

  • October 17, 2018

    FinCEN Staffer Arrested For BuzzFeed Russia Probe Leaks

    An employee at the U.S. Treasury Department's Financial Crimes Enforcement Network was arrested on Wednesday on charges of revealing banks' suspicious activity reports on transactions by Paul Manafort and an indicted Russian operative to an investigative reporter for BuzzFeed News.

  • October 17, 2018

    2 Ex-Deutsche Traders Convicted Of Libor-Rigging

    A Manhattan federal jury on Wednesday convicted two former Deutsche Bank AG traders of rigging the London Interbank Offered Rate to benefit their trading positions, setting the stage for a protracted legal fight over whether or not the trial was tainted by compelled testimony.  

  • October 17, 2018

    Ex-State Street Exec Promises Precedent-Setting Appeal

    After being sentenced to 18 months in prison, a former State Street Corp. executive who was convicted of stealing millions from international clients asked a Massachusetts federal judge Wednesday for his freedom pending an appeal that he promises will include multiple issues that have not yet been addressed by the First Circuit.

  • October 16, 2018

    SEC Comes Up Short In Fraud Case Against RD Legal Capital

    A U.S. Securities and Exchange Commission administrative law judge on Monday shot down much of the agency’s case alleging that fund manager RD Legal Capital LLC and its owner misled investors about their hedge funds’ legal receivables investments, ruling that while some misrepresentations had been made, they hadn’t been made with fraudulent intent.

  • October 16, 2018

    Ex-Equifax Engineer Gets House Arrest For Insider Trading

    A former Equifax Inc. software development manager who pled guilty over the summer to making a nearly $76,000 profit on inside knowledge of the credit reporting giant's headline-grabbing data breach was sentenced in Georgia federal court on Tuesday to eight months of home confinement.

  • October 16, 2018

    K&L Gates Repped Both Tech Co. And Its Lenders, Suit Says

    K&L Gates LLP was hit with a lawsuit Tuesday in Texas state court by former client Quantum Materials Corp., which alleges the firm committed malpractice through its simultaneous representation of it and its lenders in a payment dispute.

  • October 16, 2018

    Royal Park Pushes For Sampling In Deutsche Bank RMBS Suit

    Royal Park Investments SA/NV has taken aim at a New York federal magistrate judge’s recent decision denying its request to allow loan sampling-related discovery in its suit over Deutsche Bank National Trust Co.’s alleged blunders as trustee for 10 residential mortgage-backed securities trusts, arguing that this rejection should itself be rejected.

  • October 16, 2018

    NY High Court Says Deutsche RMBS Claims Still Untimely

    New York state’s highest court on Tuesday upheld a trial judge’s dismissal of a Deutsche Bank trustee’s suit against Quicken Loans Inc. over the credit quality of securitized residential mortgage loans that held an initial balance of $33 million, agreeing with a lower appellate court that the breach of contract action was untimely.

  • October 16, 2018

    Iranian Businessman Says Feds Have Privileged Docs

    Lawyers for a businessman accused of violating U.S. sanctions by helping an Iranian firm route the proceeds of a housing project in Venezuela through American banks told a New York federal judge Tuesday that they identified several problems with the prosecution's case, including possible breaches of marital privilege and attorney-client privilege.

  • October 16, 2018

    NYSE, Nasdaq Didn’t Justify Market Data Fees, SEC Says

    The U.S. Securities and Exchange Commission said Tuesday that NYSE Arca Inc. and Nasdaq Stock Market LLC have failed to justify the fees for their proprietary data products, but the securities regulator didn't rule that the prices were necessarily unreasonable.

  • October 16, 2018

    CVR Takes Another Swing At Wachtell In Icahn Takeover Case

    Following the recent dismissal of a drawn-out malpractice suit against Wachtell Lipton Rosen & Katz, CVR Energy Inc. on Monday filed a modified complaint focused on allegedly faulty U.S. Securities and Exchange Commission disclosures prepared by the firm more than six years ago.

  • October 16, 2018

    Navy Federal To Shell Out $24.5M To End Overdraft Action

    Navy Federal Credit Union has agreed to pay more than $24.5 million to end claims by a proposed class that the organization unfairly charges "Optional Overdraft Protection Fees," according to a motion for preliminary approval filed in California federal court.

  • October 16, 2018

    Trump's Rulemaking Agenda Aims To Cut $18B In Costs

    President Donald Trump's administration is set to launch another round of regulatory actions aimed at what it claims will cut costs for private industry across the country, previewing the fall unified agenda meant to cut an estimated $18 billion in costs from the marketplace that is set to be released Wednesday.

Expert Analysis

  • SEC Case Brings Rarely Used Cyber Rules Into Limelight

    Erica Williams

    The U.S. Securities and Exchange Commission's settlement this week with Voya Financial Advisors represents the first SEC action involving the Identity Theft Red Flags Rule and only its third action involving the Safeguards Rule. The case provides a critical data point in evaluating how the SEC plans to enforce these two rules going forward, say Erica Williams and Sunil Shenoi of Kirkland & Ellis LLP.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • The Principles Guiding FINRA Enforcement

    John Sikora

    Recent remarks by the head of enforcement at the Financial Industry Regulatory Authority offer valuable clues to regulated entities as to how FINRA decides whether to bring an enforcement action. This can be useful in guiding effective responses to FINRA actions, say attorneys with Latham & Watkins LLP.

  • US' Secondary China Sanctions Signal New Risks For Cos.

    Ama Adams

    Last week, the U.S. government imposed broad sanctions on a component of the Chinese military — the first time that the U.S. has exercised its authority to impose secondary sanctions against non-U.S. parties for transactions occurring outside of the United States. This signals an era of expanded risks for U.S. and non-U.S. companies alike, say attorneys at Ropes & Gray LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Manafort Plea Reminds Us Of Whitewater

    Lawrence Laurenzi

    It is clear from Paul Manafort's plea agreement that special counsel Robert Mueller's team is using the same prosecutorial strategy that Ken Starr used in Whitewater. Mueller’s team, however, also faces the same headwinds that Starr faced, say Lawrence Laurenzi and Joe Whitley of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • 2 New Cases Showcase CFTC Spoofing Theories

    Katherine Cooper

    The Victory Asset and Mizuho Bank spoofing settlements announced by the U.S. Commodity Futures Trading Commission last week show that the agency’s campaign against spoofing continues unabated. It is likely that the CFTC will now place more emphasis on the surveillance and control systems employed by futures commission merchants, say Katherine Cooper and Elizabeth Lan Davis of Murphy & McGonigle PC.

  • Many Crypto Exchanges May Now Need Colorado Licenses

    Sarah Auchterlonie

    Ever since cryptocurrencies appeared on the scene, states have scrambled to determine whether their money transmission laws and licensure requirements apply to cryptocurrency exchanges. Last week, Colorado joined the minority of jurisdictions with clear guidance on the issue, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • 3rd Circ. Deepens Uncertainty Over FINRA Arbitration

    David Cinotti

    The Third Circuit's decision last month in Reading Health System v. Bear Stearns adds to a circuit split on whether a contractual forum-selection clause supersedes or waives Financial Industry Regulatory Authority arbitration. However, U.S. Supreme Court review of the issue might be premature, says David Cinotti of Pashman Stein Walder Hayden PC.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.