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Banking
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April 18, 2025
FDIC Eases Big Banks' 'Living Will' Requirements
The Federal Deposit Insurance Corp. moved Friday to spare large banks from certain requirements for what should go into the next version of their so-called living wills, saying it wants to put more emphasis on planning for quicker, potentially weekend sales of failing banks.
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April 18, 2025
JPMorgan, BofA Face GOP Pressure Over Chinese Co.'s IPO
The chair of a China-focused U.S. House committee has urged Bank of America and JPMorgan Chase & Co. not to underwrite a Hong Kong initial public offering of Contemporary Amperex Technology Co. Ltd. over concerns the Chinese electric car battery maker is affiliated with the Chinese military.
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April 18, 2025
Murdaugh's Banker Pleads Guilty To Fraud Ahead Of Retrial
A former bank CEO accused of helping ex-lawyer and convicted murderer Alex Murdaugh steal client money pled guilty Friday to fraud ahead of a retrial, months after his initial conviction was overturned based on jury irregularities.
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April 18, 2025
Cannabis Co. Says Lender Lied About Default To Steal Funds
A cannabis company with facilities in New Jersey and Pennsylvania has alleged in Garden State federal court that its lender lied about the company being in default in order to steal funds out of two of the company's bank accounts and claims it shows no sign of stopping.
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April 18, 2025
Santander Not Responsible For Customer's Bad Crypto Buys
Santander Bank is not liable for more than $750,000 lost by a customer to a cryptocurrency scam, a Massachusetts intermediate appellate court said Friday.
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April 18, 2025
CFTC Details Violation Materiality After Cooperation Guidance
Divisions of the U.S. Commodity Futures Trading Commission have offered details on their materiality standards for assessing supervision and noncompliance issues, following February guidance on how much money regulated entities can expect to save for cooperating with agency investigations.
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April 18, 2025
Feds Seek Up To 6 Years For Ex-Bank GC's $7.4M Theft
A former general counsel for a Webster Bank predecessor should serve between 51 and 71 months behind bars and pay full restitution after admitting he spent eight years embezzling $7.4 million, federal prosecutors argue.
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April 18, 2025
Ohio AG Accuses Mortgage Lender Of Deceiving Borrowers
Ohio's attorney general has hit United Wholesale Mortgage LLC with a lawsuit in state court accusing the Michigan-based lender of colluding with mortgage brokers to steer loans to UWM.
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April 18, 2025
Castlelake, Invictus Partner For $2B Residential Loan Venture
Global alternative investment manager Castlelake LP announced that it has formed a partnership with alternative credit asset manager Invictus Capital Partners to invest up to $2 billion in newly originated residential mortgages.
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April 18, 2025
Taxation With Representation: Davis Polk, Simpson Thacher
In this week's Taxation With Representation, Global Payments Inc. buys Worldpay from GTCR and FIS, Intel Corp. sells a stake in its Altera business to Silver Lake, KKR acquires OSTTRA from S&P Global and CME Group, and Canada's Capital Power Corp. nabs two U.S. natural gas power plants.
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April 18, 2025
CFPB Mass Layoffs Blocked Again In DC Court
A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.
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April 18, 2025
Capital One's Discover Deal Gets Bank Regulators' Approval
Capital One on Friday received the last regulatory sign-offs needed for its $35 billion purchase of Discover, putting the megadeal on track to close for the former while also clearing the decks of a more than $1 billion enforcement matter for the latter.
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April 17, 2025
Judge Warns Rocket Cos. Investor: Seek Cert. At 'Own Peril'
A Michigan federal judge on Thursday said a pension fund trying to take over as lead plaintiff in a suit against mortgage business Rocket Companies Inc. does not need the court's permission to file a renewed class certification motion, but it "does so at its own peril."
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April 17, 2025
Prudential Financial Beats Certified Privacy Class Action
A California federal judge on Thursday entered a summary judgment favoring Prudential Financial and a software vendor in a certified class action accusing them of illegally recording consumer information in violation of the state's invasion of privacy law, finding that no evidence showed the vendor read or tried to read customers' communications.
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April 17, 2025
DC Circ. Refreezes EPA Climate Grant Funds
The D.C. Circuit has paused a federal court's order directing Citibank to start disbursing funds to nonprofits undertaking climate change projects that were appropriated by Congress to the U.S. Environmental Protection Agency during the Biden administration.
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April 17, 2025
CFPB Mass Layoffs Resume, Hitting All Corners Of Agency
The Consumer Financial Protection Bureau's acting Director Russell Vought moved Thursday to resume mass firings at the agency, prompting a scramble from its employee union to head off a torrent of pink slips terminating the vast majority of the agency's workforce.
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April 17, 2025
AFL-CIO, Unions Can Pursue Some DOGE Access Claims
The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.
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April 17, 2025
OpenAI Eyes Windsurf, Activist Targets HP, And More Rumors
OpenAI is preparing to bid about $3 billion to acquire coding developer Windsurf, activist fund Elliot Investment Management has purchased a major stake in Hewlett Packard with an eye toward pushing changes at the information technology giant, and private equity giant KKR is considering selling Atlantic Aviation for $10 billion.
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April 17, 2025
Morgan Stanley Ends Fight Over Worker's $1.6M Bias Award
Morgan Stanley and a former employee told a North Carolina federal court Thursday that they have reached a deal to end the financial giant's legal challenge to a $1.6 million arbitration award handed to the ex-worker who claimed he was fired out of sex and age bias.
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April 17, 2025
Texas Rep. Cuellar Asks To Move Bribery Trial To Home City
U.S. Rep. Henry Cuellar, D-Texas, and his wife, Imelda Cuellar, asked a federal judge in Houston to move their bribery case to the couple's home city of Laredo, saying the current venue has limited connections to the case and will make it more difficult for the representative "to keep up with his public duties."
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April 17, 2025
CFPB Will Cut Examinations By Half In Broad Retreat: Memo
The Consumer Financial Protection Bureau plans to cut back sharply on its policing of nonbank financial firms, slash examinations and pull back on its use of fines as part of a dramatic shift in supervisory and enforcement priorities outlined in a new internal memo.
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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April 17, 2025
Global Payments To Acquire Worldpay In $24.3B Deal
Global Payments Inc. unveiled plans Thursday to acquire payments giant Worldpay from GTCR and FIS for $24.25 billion, while divesting its issuer solutions business to FIS for $13.5 billion, in transactions that could reshape the global payments landscape.
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April 16, 2025
OCC To Merge Bank Supervision Units In Reorganization
The Office of the Comptroller of the Currency said Wednesday it is consolidating its bank supervision units as part of a wider series of organizational changes that will include the departure of two longtime senior agency officials.
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April 16, 2025
Bankers Ask FCC To Pare Back Call Consent Rules
While the Federal Communications Commission is deciding which regulations to slash, a coalition of banking groups is hoping the agency will hone in on telemarketing consent rules that they say make it harder for them to reach out to their customers.
Expert Analysis
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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National Trust Bank Charter Can Widen Reach Of Fintech Cos.
U.S. fintech companies that want to expand nationwide are at a competitive disadvantage with foreign companies, which can much more easily branch into the U.S., but setting up a national trust bank charter could offer a path forward, say attorneys at Davis Wright.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.