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Banking
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November 10, 2025
Judge Wary Of Bid To Nix SVB Expert In $73M Coverage Row
A U.S. magistrate judge seemed skeptical of an insurer's bid to exclude a witness proffered as a policy expert on financial institution bonds, repeatedly asking Berkley Regional Insurance Co.'s counsel in a Monday hearing why the expert's experience — or lack thereof — should disqualify him.
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November 10, 2025
Sen. Ag Committee Gives CFTC Crypto Oversight In Draft Bill
The U.S. Commodity Futures Trading Commission would have "exclusive jurisdiction" over so-called digital commodities under a discussion draft of legislation to regulate crypto markets released Monday by Senate Agriculture Committee Chairman John Boozman, R.-Ark., and Sen. Cory Booker, D.-N.J.
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November 10, 2025
Comenity Bank Owes $20M Over Dispute Handling, Jury Says
Comenity Capital Bank should pay more than $20 million to a California man who said his credit report disputes connected to identity theft were repeatedly mishandled, a federal jury has found.
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November 10, 2025
Visa, Mastercard Cut New Deal Worth 'Well More Than $200B'
Visa, Mastercard and a class of potentially millions of merchants announced a new settlement Monday resolving two decades of antitrust litigation, which would permit more flexibility on what cards are accepted and would lower fees — with a five-year cap — to address a New York federal judge's concerns that an earlier version wasn't enough.
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November 10, 2025
Judge OKs $8M Deal For 'Rent-To-Own' Class, $2M Atty Fees
A class of consumers got the green light on an $8 million settlement with a financing company accused of charging excessive fees on rent-to-own agreements for storage sheds in violation of North Carolina laws, with class counsel securing more than $2 million in fees, court records show.
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November 10, 2025
FTC Dem Tells Justices Case Law Supports Her Reinstatement
Fired Federal Trade Commissioner Rebecca Slaughter has argued that in taking up her appeal over President Donald Trump's decision to remove her before her term was up, the U.S. Supreme Court is really mulling whether it has "gotten it wrong for the last 90 years."
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November 10, 2025
Cash Advance Co. FloatMe Hit With Excessive Fee Suit In Pa.
Online cash advance provider FloatMe has been hit with a proposed class action in Pennsylvania alleging its product violates consumer protection laws by tacking on unlawfully high fees to transactions.
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November 10, 2025
FDIC Revamps Consumer Compliance Exam Frequency
The Federal Deposit Insurance Corp. has released new guidelines that feature lengthened consumer compliance exam cycles for well-rated community banks and new midpoint "risk analysis" reviews examiners will carry out in certain situations.
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November 10, 2025
Sunnova Ch. 11 Wind-Down Approved Over Release Objection
The Chapter 11 liquidation plan of solar panel company Sunnova Energy International received bankruptcy court approval Monday in Texas after a judge overruled objections to third-party releases raised by the U.S. Trustee's Office.
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November 10, 2025
Zillow Pushed Consumers To Take Inferior Loans, Suit Says
Consumers have alleged in Washington federal court that Zillow Group Inc. ran an illegal kickback scheme that involved rewarding brokers and real estate agents with customer leads if they told clients to use Zillow's services to obtain mortgage loans, despite better financing options being available.
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November 10, 2025
$2M Deal In United Bank ESOP Suit Clears Hurdle
A Georgia federal court has handed initial approval to United Bank Corp.'s $2 million settlement agreement resolving a class action claiming it unlawfully ousted former workers from an employee stock ownership plan and cut them out of proceeds from a $23.3 million dividend.
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November 10, 2025
US Bank Settles 401(k) Recordkeeping Fee Class Action
U.S. Bancorp and a class of participants in the company's employee 401(k) plan told a Minnesota federal court on Monday that they had reached a settlement deal to resolve workers' allegations that the plan paid excessive recordkeeping fees in violation of federal benefits law.
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November 07, 2025
Fed's Miran Says Stablecoins Spur Demand For Treasurys
Federal Reserve Gov. Stephen Miran said Friday that he believes stablecoins are already increasing demand for U.S. Treasury bonds, and that continued adoption of the stable-value tokens could lead to lower interest rates in the future.
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November 07, 2025
Athena Bitcoin Hit With Class Action Over Consumer Fees
Athena Bitcoin Inc., an operator of so-called bitcoin automated teller machines, was hit with a consumer's proposed class action in Florida federal court accusing it of charging customers excessive and undisclosed fees and operating without a proper money transmitting license.
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November 07, 2025
Ill. Resident Wins Cert. In Mortgage Marketing Robocall Case
An Illinois resident has received the green light to pursue claims against The Federal Savings Bank regarding mortgage marketing robocalls on behalf of more than 2 million people nationwide who allegedly received similar solicitations.
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November 07, 2025
Well Fargo Ignored Sexual Harassment Claims, Worker Says
Wells Fargo was dismissive of a former associate personal banker's sexual harassment complaints and included nondisclosure clauses in her employment contract limiting her ability to talk about discrimination in the workplace, a proposed class action in Colorado state court alleged.
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November 07, 2025
Wells Fargo Beats Booze Claims Over Employee's Crash
Wells Fargo cannot be held liable for a former employee's fatal car crash that killed a Georgia man over six years ago, the Eleventh Circuit said Friday, holding that the man's widow failed to produce any evidence that the driver got himself drunk at a company function just before the incident.
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November 07, 2025
Fed Faces Dem Grilling Over 30% Supervision Staff Cut Plan
The Federal Reserve's plan to cut its bank supervision workforce by 30% is facing fresh scrutiny from the Senate Banking Committee's top Democrat, who is calling on the central bank to explain how the downsizing will affect its ability to police Wall Street.
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November 07, 2025
Financial Advising Firms Face Class Action Over Data Breach
Two financial advising companies are facing a proposed class action in Colorado state court that alleges the firms failed to take steps to prevent a data breach that compromised customers' private information, including names and Social Security numbers.
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November 07, 2025
Block Says Cash App Probe, Bigger SF Tax Bill Could Cost It
Jack Dorsey's fintech firm Block Inc. told investors that it may take a financial hit from a multistate probe into its mobile payments platform CashApp, and remains locked in a separate multimillion-dollar tax dispute with the County of San Francisco over its bitcoin sales.
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November 07, 2025
Javice Tells Chancery JPMorgan Is Stalling Appeal Fees
Charlie Javice, the convicted founder of college financial aid startup Frank, has told a Delaware judge that JPMorgan Chase & Co. is effectively trying to cut off her ability to appeal her criminal conviction by refusing to advance the vast majority of her ongoing legal fees.
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November 07, 2025
BNP Wants Plaintiffs Attys At Sudan Suit Misconduct Hearing
BNP Paribas has asked a New York federal judge to compel several plaintiffs' lawyers, including the eponymous founder of Hausfeld LLP, to testify at an upcoming hearing on withdrawn allegations of misconduct by their co-counsel, following a $20 million jury verdict against BNP in a suit brought by refugees accusing the bank of helping finance atrocities in Sudan.
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November 07, 2025
Polsinelli Continues Real Estate Growth With Fried Frank Atty
Polsinelli PC announced another addition to its real estate team this week, welcoming a New York attorney from Fried Frank Harris Shriver & Jacobson LLP who represents institutional lenders, financial institutions and real estate investment companies.
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November 07, 2025
Panel Denies Vik's $11.5M Fee Bid In Deutsche Bank Dispute
Billionaire Alexander Vik and his company are not entitled to collect more than $11.5 million in attorney fees after beating Deutsche Bank in a long-running lawsuit over unpaid margin calls, a Connecticut appellate panel ruled Friday.
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November 06, 2025
Capital One's $425M Rate Deal Rejected Over Low Payouts
A Virginia federal judge Thursday refused to sign off on Capital One's proposed $425 million settlement with customers accusing the bank of deceptively advertising its 360 Savings accounts, finding that the customers deserve "significantly greater relief" than what's outlined in the deal.
Expert Analysis
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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5 Critical Changes Coming To Bankruptcy Rule 3002.1
Residential mortgage lenders and servicers should prepare for significant amendments to Bankruptcy Rule 3002.1 taking effect this December that will impose new filing requirements, codify how creditors handle untimely payment change notices and allow debtors to request status updates, say attorneys at Bradley Arant.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.