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Banking
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October 08, 2025
5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case
A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.
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October 08, 2025
North Dakota To Issue Stablecoin Through State-Owned Bank
North Dakota on Wednesday announced plans to issue its own stable-value token through a partnership between fintech Fiserv Inc. and the state-owned Bank of North Dakota.
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October 08, 2025
Exxon Retail Voting Program Green Light Inspires Other Cos.
The U.S. Securities and Exchange Commission's recent green light of Exxon Mobil Corp.'s program to enable automated proxy voting for retail investors has sparked interest among other firms exploring implementing their own such programs, as the oil and gas giant moves to counter activist groups.
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October 08, 2025
3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit
A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.
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October 08, 2025
Gov't Shutdown Essentially 'Freezes' IPO Market, Attys Say
While the U.S. Securities and Exchange Commission technically remains open during the ongoing government shutdown that has now exceeded one week, staffing shortages have made it increasingly difficult for companies to launch initial public offerings, leaving them with few options.
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October 08, 2025
AFL-CIO Opposes Draft Senate Crypto Bill
A major labor organization, the AFL-CIO, has come out against a Republican draft bill on crypto market structure, saying the draft lacks "meaningful safeguards."
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October 08, 2025
Trump Admin Cites Shutdown In Bid For CFPB Case Delay
Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.
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October 08, 2025
Democracy Forward Hires Ex-White House Lawyer, CFPB Atty
Democracy Forward, the quickly growing progressive nonprofit that has taken on more than 85 actions against the Trump administration, has hired four more attorneys to its expanding team of lawyers, including a former member of Joe Biden's White House Counsel's Office and a litigator from the Consumer Financial Protection Bureau.
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October 07, 2025
11th Circ. Wary Of IRS Procedure In FBAR Penalty Appeal
An Eleventh Circuit panel Tuesday appeared concerned about IRS procedures that could keep a man from recouping $419,000 he paid to resolve his failure to disclose funds held in foreign bank accounts as he appeals a district court determination that he actually owes $2.2 million.
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October 07, 2025
Wine Co. Exec Cops To Wire Fraud Conspiracy In $99M Scam
A United Kingdom wine company executive pled guilty to wire fraud conspiracy in New York federal court Tuesday in a criminal case accusing him of scamming investors out of $99 million after persuading them to make loans using wine collections as collateral.
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October 07, 2025
Ex-Prisoners Push Back On Bid To Decertify Debit Card Class
Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.
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October 07, 2025
Mortgage Giants Shared Data To Fix Rates, Homeowners Say
A proposed class of homeowners has launched a sweeping class action against Rocket Mortgage, Wells Fargo, JPMorgan Chase and more than two dozen other mortgage lenders, accusing them of conspiring through Optimal Blue's pricing software to secretly share sensitive data and fix mortgage rates nationwide, allegedly inflating costs and deepening the U.S. housing affordability crisis.
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October 07, 2025
Bank's Ex-Compliance Chief Sues Over 'Bad Faith' Termination
A Florida community bank has been sued in New Jersey federal court by its former chief risk and compliance officer, who claims that he was fired without cause just months after signing a three-year contract with the bank at a $250,000 annual salary.
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October 07, 2025
Feds Seek 6 Years For Ex-Frank Exec's 'Brazen' $175M Con
Prosecutors asked a New York federal judge Monday to sentence a former executive at financial aid startup Frank to six years in prison for helping its founder Charlie Javice trick JPMorgan Chase & Co. into buying the company for $175 million, saying he deserves no leniency for the "brazen" fraud.
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October 07, 2025
Title Insurer Fights Mortgage Lender's Fraud Claim
A title insurer has no duty to pay a mortgage lender's claim over a $510,000 loan a borrower alleged was fraudulent, it told a North Carolina federal court, saying its closing protection letter explicitly excludes coverage for third-party fraud and that no policy was ever issued.
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October 07, 2025
Arnold & Porter Finance Leader Joins Seyfarth With 2 Peers
Seyfarth Shaw LLP announced Tuesday that it has hired the former chair of Arnold & Porter Kaye Scholer LLP's structured finance and derivatives practice to co-lead its structured finance team, as well as two of his colleagues.
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October 07, 2025
SEC's Atkins Wants To 'Future-Proof' Deregulatory Agenda
U.S. Securities and Exchange Commission Chairman Paul Atkins said Tuesday that he hopes that moving quickly to adopt new rules deregulating the public and private markets will "future-proof" his agenda against potential tampering by succeeding presidential administrations.
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October 07, 2025
FDIC, OCC Rule Proposals Seek To Rein In Bank Supervision
Federal banking regulators on Tuesday unveiled a pair of proposed curbs on their supervision programs that would formally ban the use of reputation risk as an exam factor and constrain what examiners can call out for criticism as an "unsafe or unsound" practice.
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October 06, 2025
Supreme Court Won't Review Russian Bank Jet Crash Suit
The U.S. Supreme Court on Monday declined to undo a precedential Second Circuit decision finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument it is entitled to sovereign immunity.
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October 06, 2025
OCC To Ease Exams, Simplify Licensing For Smaller Banks
The Office of the Comptroller of the Currency moved Monday to ease its oversight of banks with under $30 billion in assets, rolling out policy changes that include cutting back on their exam requirements and potentially expanding their access to expedited licensing options.
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October 06, 2025
FINRA Fines Ga. Broker-Dealer After Reps Forged Signatures
The broker-dealer unit of Synovus Financial Corp. will pay $315,000 to settle Financial Industry Regulatory Authority claims that a records review oversight prevented the firm from spotting an emerging "pattern of forging and falsifying customer electronic signatures" at one of its branches.
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October 06, 2025
Judge Voids $150M Worth Of Notes In Auto Mogul's Dispute
A Michigan federal judge found a businessman altered promissory notes worth $150 million to thwart efforts to collect on a separate judgment against him and his auto parts business, but he ruled the notes are unenforceable because they were issued when the company was insolvent.
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October 06, 2025
Ex-UBS Reps Can't Solicit Bank Clients Amid Arbitration
UBS Financial Services has secured a preliminary injunction blocking former UBS advisers from soliciting the firm's account holders while arbitration accusing the representatives of violating nonsolicitation and confidentiality agreements proceeds, a decision the defendants say is the result of a mutual agreement between the parties.
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October 06, 2025
Morgan Stanley Race Bias Suit In NY Closed After Settlement
A decade-old suit accusing Morgan Stanley of discriminating against its African American financial advisers and depriving them of lucrative opportunities has come to a close after the final plaintiff reached a settlement with the financial institution.
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October 06, 2025
Baltimore Sues Fintech Over Digital Payday Lending Scheme
The city of Baltimore has sued MoneyLion in Maryland state court, accusing the fintech company of violating local consumer protection laws by disguising high-interest payday loans as "Instacash Advances" and trapping low-income residents in cycles of debt through excessive fees and "tips."
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Can Companies Add Tariffs Back To Earnings Calculations?
With the recent and continually evolving tariffs announced by the Trump administration, John Ryan at King & Spalding takes a detailed look at whether those new tariffs can be added back in calculating earnings before interest, taxes, depreciation and amortization — an important question that may greatly affect a company's compliance with its financial covenants.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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Policy Shifts Bring New Anti-Money Laundering Challenges
In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.