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Banking
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October 03, 2025
NCUA, US Bank Settle Crisis-Era RMBS Trustee Lawsuit
The National Credit Union Administration Board and U.S. Bank told a New York federal judge that they have reached a settlement in principle in a suit over U.S. Bank's role as trustee for crisis-era residential mortgage-backed securities trusts.
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October 02, 2025
9th Circ. Rebuffs Flagstar's Escrow Interest Preemption Bid
The Ninth Circuit said Thursday that Flagstar Bank still owes a class of mortgage borrowers more than $9 million for unpaid escrow interest under a California law, ruling that a recent U.S. Supreme Court preemption case didn't upset circuit precedent on the issue.
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October 02, 2025
NC Judge Slashes Bank Of America Fake Accounts Class Suit
A North Carolina federal judge has slashed a proposed class action accusing Bank of America of opening unauthorized accounts in people's names, tossing claims for violations of the Fair Credit Reporting Act, unjust enrichment and unfair trade practices, and leaving only negligence claims intact.
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October 02, 2025
Debt Collector's $2.6M Data Breach Deal Gets Final Nod
Debt collection agency and buyer NCB Management Services Inc. and its investors have gotten the final nod to their $2.63 million deal to end consolidated proposed class action claims that NCB failed to protect more than a million consumers after a trove of their personal information was compromised in a ransomware attack.
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October 02, 2025
FINRA Fines Broker-Dealer $1M On Lax-Surveillance Claims
The Financial Industry Regulatory Authority is requiring New Jersey-based broker-dealer Velocity Clearing LLC to hire an independent consultant and pay a $1 million fine to settle the regulator's claims that Velocity has failed to take reasonable measures to prevent manipulative trading.
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October 02, 2025
Flagstar Customers Want OK On $31M Data Breach Deal
A proposed class alleging Flagstar Bank didn't protect customer and employee information from two data breaches asked a Michigan federal judge Wednesday to give the initial approval for a $31.5 million settlement to resolve the case.
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October 02, 2025
Switzerland Dodges $372M Credit Suisse Collapse Suit
A New York federal judge has granted Switzerland's bid to throw out a $372 million suit against the country stemming from the 2023 collapse of Credit Suisse and the reduction in value of about $17 billion of debt securities, ruling that it has sovereign immunity in the dispute.
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October 02, 2025
Ex-Silvergate CFO Must Face SEC Fraud Claims, Judge Rules
A New York federal judge has ruled that the former chief financial officer of defunct crypto-focused bank Silvergate Capital cannot escape a suit from the U.S. Securities and Exchange Commission alleging he hid the bank's rocky financial condition, finding that the regulator has adequately alleged that he had access to information that contradicted his public statements.
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October 02, 2025
Merrill Lynch Raid Suit Paused For FINRA Arbitration
A Georgia federal judge stayed Merrill Lynch's case alleging Dynasty Financial Partners, Charles Schwab and a dozen former employees conspired to start a new firm with Merrill's staff and confidential information one day after denying the company's bid for an injunction.
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October 02, 2025
Florida Man Gets 19 Years For Running $36M Ponzi Scheme
A Florida federal judge sentenced a Miami man to more than 19 years in prison for running a $36 million Ponzi scheme through a company that purported to make money through quick loans to small businesses.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 02, 2025
Ch. 11 Trustee Appointed In Eventide Bankruptcy
A Texas bankruptcy judge has appointed a Chapter 11 trustee in the bankruptcy of Eventide Credit Acquisitions following a request from the official committee of unsecured creditors.
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October 02, 2025
McCarter & English Won't Face Pretrial Win Bid In $22M Suit
A Connecticut Superior Court judge has denied requests by Phoenix Life Insurance Co. and PHL Variable Insurance Co. to file late partial summary judgment motions in a $22.3 million professional negligence lawsuit against McCarter & English LLP over the law firm's work on a Long Island loan deal.
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October 01, 2025
SEC Gives Crypto Custody Nod To State Trust Companies
The U.S. Securities and Exchange Commission staff has assured registered investment advisers and certain fund issuers they won't risk an enforcement action by using state trust companies as cryptocurrency custodians in a move that some praised as widening access to more crypto-savvy custody options and others decried as an erosion of custody rules.
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October 01, 2025
SEC Wins Case Over Alpine's 'Worthless' Penny-Stock Sales
The U.S. Securities and Exchange Commission has secured a win in Nevada federal court in its lawsuit accusing a Utah securities firm of violating federal anti-fraud provisions by transferring roughly $54 million in client assets from customer accounts to state unclaimed property accounts.
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October 01, 2025
Ex-CFTC Enforcement Head, DOJ Veteran Joins Jones Day
Jones Day has hired a former director of the U.S. Commodity Futures Trading Commission's Division of Enforcement who is also a nearly two-decade alumnus of the U.S. Department of Justice.
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October 01, 2025
Wash. Appeals Panel Reopens Teachers' Pension Interest Suit
A Washington state appeals court unanimously revived a class action claim that accuses a state pension agency of unlawfully skimming interest from teachers' retirement accounts, holding that a lower court was wrong to decide that it couldn't take up the matter.
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October 01, 2025
Here's How The SEC Survived 2 Prior Shutdowns
The U.S. Securities and Exchange Commission sent home 90% of its staff Wednesday, including the bulk of its enforcement division, as the agency braces for a shutdown of uncertain length by drawing on lessons from two prior long-running impasses in the past 12 years.
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October 01, 2025
Trump Withdraws Nomination Of Quintenz For CFTC Chair
President Donald Trump has withdrawn his nomination of Brian Quintenz to lead the U.S. Commodity Futures Trading Commission, following a delay at the president's request of a Senate committee vote on the nomination and Quintenz's public feud with crypto exchange founders Tyler and Cameron Winklevoss.
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October 01, 2025
CFPB 'Will Continue Operations' As Gov't Shutdown Hits
The Consumer Financial Protection Bureau has told its staff to expect business as usual amid the government shutdown that began Wednesday, assuring them that operations, pay and benefits will continue uninterrupted, according to an internal email obtained by Law360.
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October 01, 2025
Trump Moves To Elevate FDIC's Hill To Permanent Chair
President Donald Trump has nominated the Federal Deposit Insurance Corp.'s acting Chairman Travis Hill to lead the deposit insurer on a permanent basis, the White House confirmed Wednesday.
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October 01, 2025
UBS Says Ex-Advisers Poached $1.4B In Clients For New Firm
UBS Financial Services has accused several of its former financial advisers of violating nonsolicitation and confidentiality agreements by plotting to launch a rival firm and poaching clients with $1.4 billion in assets, damaging UBS and its other former employees still entitled to client revenue.
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October 01, 2025
Mich. Judge Slashes RICO Claims Against Mortgage Lender
A Michigan federal judge has dismissed the bulk of a proposed class action accusing United Wholesale Mortgage of forcing mortgage brokers to originate loans with UWM instead of shopping around for the best options for borrowers.
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October 01, 2025
4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit
The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.
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October 01, 2025
Ga. Law Firm Looks To Ax Bank's Malpractice Suit Over Fraud
Stanley Esrey & Buckley LLP has urged a Georgia state appeals court to dismiss claims from a bank accusing it of legal malpractice and negligence, arguing that it did not cause the bank to lose more than $8 million through bogus loan transactions.
Expert Analysis
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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.
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State Laws Show Uniformity Is Key To Truly Fair Bank Access
The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.