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Banking
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May 09, 2025
NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption
The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
CFPB's Vought Set To Ditch Dozens Of Guidance Docs
The Consumer Financial Protection Bureau's acting Director Russell Vought is withdrawing dozens of the agency's interpretive rules, policy statements and other guidance documents dating back to 2011, according to a Federal Register draft notice filed Friday.
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May 09, 2025
Ex-Goldman Banker Leissner Urges Lenient 1MDB Sentence
A former Goldman Sachs partner who pled guilty to his role in the 1MDB scandal and testified at his onetime colleague's trial has asked a Brooklyn federal judge to spare him prison time, saying the reputational harm is punishment enough and that he may be extradited to Malaysia to face charges there.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
OCC Axes Biden-Era Bank Merger Rule In Latest Reversal
The Office of the Comptroller of the Currency moved Thursday to roll back a Biden-era rule intended to dial up its scrutiny of proposed bank mergers, a reversal that comes amid a parallel repeal effort by Republicans in Congress.
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May 08, 2025
Senate Stablecoin Bill Stalls As Dems Pull Support
The Senate's proposal to regulate stablecoins failed a procedural hurdle on Thursday as Democrats pulled their support in hopes to negotiate stronger provisions, while Republican leaders accused holdouts of seeking to deny the Trump administration a bipartisan win around digital assets.
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May 08, 2025
Ex-Credit Union Employee Gets 1 Year For Embezzlement
A Montana woman who formerly served as the operations manager for the Altana Federal Credit Union has been sentenced to a year and one day in prison and must pay just over $65,000 in restitution for duplicating and using customers' bank cards.
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May 08, 2025
CFPB Needs Stronger Controls On Supervisory Info, IG Says
A federal watchdog for the Consumer Financial Protection Bureau has called for the agency to tighten its controls on confidential information from its supervision of financial firms, finding gaps that could leave such data vulnerable to unauthorized access and exposure.
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May 08, 2025
Capital One Wants Trump Entities' 'De-Banking' Suit Tossed
Capital One urged a Florida federal court to dismiss a lawsuit by President Donald Trump's revocable trust and Eric Trump claiming the bank illegally canceled hundreds of Trump-affiliated accounts in the aftermath of the Jan. 6, 2021, attacks on the U.S. Capitol, arguing the complaint does not show the accounts were closed for political reasons.
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May 08, 2025
11th Circ. Revives Citigroup Cash Advance Fraud Suit Again
The Eleventh Circuit has, for the second time, revived a nearly decadelong suit against Citigroup that alleges the bank ran a massive cash advance fraud scheme, with the appeals court saying they "see things differently" from the district court, and that the plaintiffs have sufficiently pled each count of their complaint.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
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May 08, 2025
Google Payment Unit Ends Suit As CFPB Nixes Oversight Plan
Google Payment Corp. disclosed Thursday that the Consumer Financial Protection Bureau has agreed to drop Biden-era plans to supervise the tech giant's payment arm, leading the company to drop its suit against the regulator.
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May 08, 2025
Halkbank Wants Justices To Take 2nd Look At Immunity Claim
Turkish state-owned bank Halkbank has urged the U.S. Supreme Court to take a second look at an appellate decision holding it doesn't have common-law foreign sovereign immunity from money laundering allegations, arguing the decision "authorizes the first criminal trial of a foreign sovereign instrumentality in world history."
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May 08, 2025
Wis. Credit Union Charges 'Onerous' Overdraft Fees, Suit Says
A western Wisconsin-based federal credit union faces a proposed customer class action alleging that it violated the Electronic Fund Transfer Act by misrepresenting its overdraft fee practices.
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May 08, 2025
SEC's Peirce Outlines Path To Exempt Tokenized Securities
The U.S. Securities and Exchange Commission's Hester Peirce on Thursday endorsed the creation of "regulatory sandboxes" that would encourage companies to develop trading systems for tokenized securities, enabling them to experiment with new technologies without certain registration requirements that govern stock exchanges.
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May 08, 2025
Miami Atty Disbarred Over Insistence Of Foreclosure Fraud
The Florida Supreme Court disbarred a Miami attorney after accusations that he misled courts, impugned judges and brought frivolous pleadings over his insistence that clients' homes were fraudulently foreclosed, despite previous suspensions from allegations of similar conduct in the past.
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May 08, 2025
Wife Of Former FTX Exec Says Charges Are Built On Deception
Attorney and cryptocurrency lobbyist Michelle Bond, the wife of jailed former FTX executive Ryan Salame, told a Manhattan federal judge that her campaign finance case should be tossed because prosecutors broke a promise that she wouldn't be charged if her husband pled guilty.
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May 08, 2025
Coinbase Buying Crypto Options Firm Deribit For $2.9B
Coinbase said Thursday it has agreed to acquire crypto options exchange Deribit in a $2.9 billion cash-and-stock deal, bolstering its derivatives business and positioning it as the top global platform for crypto options and futures trading.
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May 08, 2025
Rising Tide Of Trump Pardons Not Lifting All Boats, Attys Say
President Donald Trump signed off on more pardons and commutations during his first 100 days in office than any president in modern history while bypassing the traditional clemency process that goes through the U.S. Department of Justice, potentially giving false hope to those who believe they have a chance to benefit from the executive actions but lack White House connections.
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May 07, 2025
Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule
Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.
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May 07, 2025
OCC Affirms Banks' Crypto Custody, Execution Capabilities
The Office of the Comptroller of the Currency on Wednesday made clear that banks can buy and sell crypto on behalf of their customers and outsource custody services to third parties, reaffirming a stance the regulator first took in 2020.
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May 07, 2025
Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures
The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.
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May 07, 2025
Moelis Atty Says Chancery Ruling 'Handcuffed' Co.
A Delaware Court of Chancery ruling that last year invalidated a decade-old stockholder agreement granting broad corporate powers to investment bank Moelis & Co.'s founder "handcuffed for no reason" directors of state-chartered corporations, an attorney for the company told Delaware's Supreme Court on Wednesday.
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May 07, 2025
Deutsche Bank, Computacenter Sued For Firing Whistleblower
An ex-information technology employee at Computacenter has sued the company, Deutsche Bank and his ex-supervisor for $25 million in New York state court alleging he was fired for blowing the whistle on a security breach in which his colleague's girlfriend purportedly accessed private client information.
Expert Analysis
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Revived Executive Order Is A Deregulatory Boon To Banks
A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.
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2 Practical Ways For Banks To Battle Elder Financial Abuse
Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.