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Banking
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September 22, 2025
Fifth Third Can Keep $30M In Escrow Fight, Judge Rules
A New York federal judge has sided with Fifth Third Bank in a $30 million escrow fight, finding its claim notice over alleged "platform fee" violations was timely and valid, in a ruling that will require the suing private equity seller to return $10 million that was already released.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Experian Asks 4th Circ. To Reverse Arb. Ruling In FCRA Suit
Consumer reporting agency Experian has asked the Fourth Circuit to overturn a lower court's decision concerning the arbitration of a lawsuit brought by a consumer falsely reported as dead, saying the judge was wrong not to enforce clauses in the consumer's agreement that delegated such decisions to an arbitrator.
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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
Credit Union, Insurers End Embezzlement Coverage Dispute
A credit union seeking coverage for $5.5 million in embezzled funds agreed to end a suit accusing its fidelity bond insurers of secretly amending policy language to avoid coverage for "virtually any catastrophic loss," according to a notice filed Monday in Georgia federal court.
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September 22, 2025
Toy Company Eyes UBS Records Amid FINRA Arbitration
A toy company whose brands include Bratz dolls and Little Tikes has urged an Iowa federal judge to unseal records that it says will bolster its arbitration against UBS over claims that the global wealth manager wrongly advised the company to short-sell Tesla stock.
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September 22, 2025
Barclays Credit Card User Must Arbitrate Meta Privacy Suit
A Barclays customer must arbitrate his putative class action alleging it discloses his interactions on the bank's website with Meta Platforms Inc. while logged into his Barclays account, after a New York federal judge said Friday his subsequent use of his credit cards supports that he received cardholder agreements containing arbitration provisions.
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September 22, 2025
Atty Gets Last Chance To Sue Ex After $30K Loan Judgment
A Florida employment lawyer suing his ex and her attorneys for bringing an allegedly vexatious lawsuit will have one more chance to file "simple, concise and direct" claims in a fourth amended complaint, a Connecticut federal judge ruled Monday while dismissing Wells Fargo and a mortgage consultant as defendants.
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September 22, 2025
Cuellar Bribery Indictment Survives Despite Speech Defense
A Texas federal judge has rejected a bid from U.S. Rep. Henry Cuellar, D-Texas, to escape bribery charges on the grounds that he is immune from prosecution under the Constitution's speech or debate clause, saying the government has alleged misconduct that is not shielded through a relationship to official legislative acts.
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September 22, 2025
3rd Circ. Slams Attys For Debt Disputes Designed To Fail
Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.
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September 22, 2025
High Court Allows FTC Firing, Will Review Trump's Power
The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.
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September 22, 2025
2 Firms Guide $142M Financing For Bronx Apartment Complex
A New York City housing nonprofit acquired a cluster of apartment buildings in the Bronx where formerly homeless families live, a complex it plans to renovate with the help of a $142 million capital stack, guided by Richter Restrepo PLLC and Blank Rome LLP.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
Nevada Trust Accuses Texas Firms Of $9M Crypto Scheme
A Nevada-based trustee accused a Texas law firm and various other companies and residents of the Lone Star State, Wyoming and Florida of carrying out an "audacious, multi-layered scheme" to steal $9 million meant to be used for Bitcoin trades.
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September 19, 2025
Film Co. Founders Accused Of $1.2M Con For Fake Pot Co.
A Los Angeles film company and its founders are accused of fraudulently taking $1.2 million from a private equity fund, spending it on luxury properties, artwork and their existing ventures, but never putting a dime of the loan on its intended purpose, launching a "booming cannabis empire," according to a lawsuit filed in California state court.
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September 19, 2025
Treasury Launches Stablecoin Rule Push With Call For Input
The U.S. Department of the Treasury on Friday asked for public input on key regulatory considerations for stablecoins as it begins crafting rules to govern the stable-value crypto tokens under the recently signed Genius Act.
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September 19, 2025
Former Bank Exec Sentenced For $2M Check-Kiting Scheme
An Illinois bank's second-highest executive has been sentenced to more than five years in federal prison for engaging in a check-kiting scheme that defrauded the bank out of about $2 million.
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September 19, 2025
Shopify Looks To Toss Sezzle's 'Buy Now, Pay Later' Claims
E-commerce company Shopify Inc. seeks to sink payment platform Sezzle Inc.'s lawsuit accusing it of monopolizing the "buy now, pay later" market, arguing that the fact its platform shows "no fewer than 16 payment options" on checkout pages undermines any anticompetitive practices allegations.
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September 19, 2025
Dems Want Answers On Delayed FinCEN Adviser Rule
Sen. Elizabeth Warren and other congressional Democrats have pressed Treasury Secretary Scott Bessent on the department's decision to postpone a rule they said addresses a money laundering vulnerability of the U.S. investment adviser sector, saying the decision puts national security and the economy at risk.
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September 19, 2025
AmEx Trounces Rewards Programs Patent Infringement Suit
A New York federal judge has rejected for now a company's case accusing American Express of infringing a pair of patents covering loyalty and rewards programs, finding that the financial services giant's programs aren't doing what's covered in the asserted patent claims.
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September 19, 2025
SEC Fines Bloomberg Unit $5M Over False Market Data Claims
The U.S. Securities and Exchange Commission and Bloomberg Tradebook LLC have reached a $5 million settlement to resolve claims that the broker-dealer made false and misleading statements to customers about the speed at which it displayed market data from U.S. options exchanges.
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September 19, 2025
CFPB Union Drops Suit Over DOGE Access To Worker Data
The National Treasury Employees Union on Friday dropped a lawsuit seeking to block Department of Government Efficiency access to personnel data at the Consumer Financial Protection Bureau, a move that comes as the union assesses next steps in its other, higher-profile challenge to the consumer agency's downsizing.
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September 19, 2025
Co. Tied To Lehman Ex-Restructuring Chief Faces Loan Suit
A holding company linked to Lehman Brothers' post-2008 era restructuring professional defaulted on a commercial loan secured by a large office building and now owes a reinsurer about $19.5 million, according to a lawsuit brought in North Carolina's business court.
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September 19, 2025
Capital One, Influencers Announce Deal After Earlier Flub
Two days after an initial filing was withdrawn, Capital One and a proposed class of influencers say they now indeed have a deal to settle a lawsuit over claims the bank helped itself to funds meant for the influencers using its browser extension.
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September 19, 2025
Ga. Bank Pushes To Go After Law Firm Over Ex-Client's Fraud
A Georgia bank that lost more than $8 million through bogus loan transactions is urging a Peach State appellate court to revive a claim of negligent misrepresentation against law firm Stanley Ersey & Buckley LLP, saying the trial court got it wrong when it relied on "boilerplate disclaimers" from the firm to toss the claim.
Expert Analysis
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How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules
Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.
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Roundup
Ohio Banking Brief
In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in Ohio banking regulation and policymaking.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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New Interpol Silver Notice Could Be Tool For Justice Or Abuse
Interpol has issued dozens of Silver Notices to trace and recover assets linked to criminal activity since January, and though the tool may disrupt organized crime and terrorist financing, attorneys must protect against the potential for corrupt misuse, say attorneys at Clark Hill and Arktouros.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Ch. 7 Ruling Is Warning For Merchant Cash Advance Providers
A New York bankruptcy court’s recent ruling in favor of a Chapter 7 trustee for the bankruptcy estate of JPR Mechanical shows merchant cash advance providers why superficial agreement labels will not shield against preference liability, and serves as a guidepost for future contract drafting, say attorneys at Eversheds Sutherland.