Banking

  • March 30, 2020

    4 COVID-19 Questions Clients Are Asking Real Estate Lawyers

    The global spread of COVID-19 has created great uncertainty in the real estate market and as a result, real estate lawyers have been bombarded over the last month with wide-ranging questions and concerns from clients. Here, Law360 looks at four such questions.

  • March 30, 2020

    Fintech Exec Wants SEC's Discovery 'Haystack' Organized

    A man accused by the U.S. Securities and Exchange Commission of playing a role in an $18 million securities scam has asked a Minnesota federal judge to order the SEC to turn over its evidence in a reasonably organized system.

  • March 30, 2020

    Justices Urged To Protect Millions Of Calif. Arbitration Clauses

    A California rule upheld by the Ninth Circuit is threatening “tens of millions” of arbitration agreements and exposes businesses to steep financial risks, said DRI-The Voice of the Defense Bar, the latest group to support Comcast and AT&T’s U.S. Supreme Court appeals challenging the rule.

  • March 30, 2020

    Kirkland, Skadden Steer SMBC And Ares' $384M Alliance

    Ares said Monday it inked a $384 million alliance with Japanese financial institution SMBC as Kirkland-steered Ares looks to expand into Japanese markets and Skadden-led SMBC aims to grow its global footprint.

  • March 30, 2020

    Ex-BigLaw Atty To Be Freed From Miami Jail Due To Virus Risk

    A Manhattan federal judge Monday ordered former Locke Lord LLP corporate partner Mark S. Scott released from a Miami lockup, citing enhanced health risks Scott would face were he to contract COVID-19.

  • March 27, 2020

    The Attys And Legal Logic Behind Stay-At-Home Orders

    The attorneys helping draft cities’ and states’ stay-at-home orders during the coronavirus pandemic have been tiptoeing through a legal minefield, working long hours to carve out the kind of work that should be considered “essential” and to ensure local governments aren’t overstepping their authority.

  • March 27, 2020

    Bank Regulators Unveil 2-Year Delay For CECL Adopters

    Federal regulators said Friday that big banks can wait longer before phasing in the regulatory capital effects of a new loan loss accounting standard and can choose to switch over early to an updated methodology for calculating certain capital requirements, moves intended to buoy bank lending during the COVID-19 pandemic.

  • March 27, 2020

    User Says Robinhood Is Trying To 'Wipe Out' Class Claims

    A Robinhood customer moved for a temporary restraining order in one of several class actions filed against the online trading app after users experienced significant issues with account access across two trading days, saying the company has sought to “wipe out” the class’ claims with a $75 credit contingent on signing a release.

  • March 27, 2020

    COVID-19 Fuels Heated Fight Over CCPA Enforcement Timing

    The coronavirus pandemic has escalated tensions over whether companies have the necessary time and resources to fully comply with California's landmark privacy law by July, but even a temporary enforcement reprieve wouldn’t give businesses a free pass for their current conduct, experts say.

  • March 27, 2020

    Ex-BigLaw Atty Can't Use Pandemic To Skirt Jail, Feds Say

    Federal prosecutors said Friday that a former Locke Lord LLP attorney convicted of assisting a $400 million cryptocurrency scam can't use the COVID-19 crisis or any other excuse to be let out of jail before his sentencing.

  • March 27, 2020

    Wells Fargo Agrees To Settle Calif. Mortgage Class Action

    Wells Fargo and some of its mortgage borrowers have told a California federal judge that they've reached an agreement to settle a foreclosure-related class action, promising to file their proposed settlement terms by Tuesday and adding that, in the meantime, the coronavirus will keep their claims administrator from meeting a mailing deadline.

  • March 27, 2020

    DLA Piper Brings Ex-Paul Hastings Atty To San Francisco

    DLA Piper is boosting its Northern California litigation practice, bringing an attorney from Paul Hastings LLP with experience defending energy companies to its San Francisco office.

  • March 27, 2020

    Holland & Knight Nabs Ex-Kirkland Financing Atty

    A former Kirkland & Ellis attorney with experience representing clients such as institutional investors, lenders and private equity groups for their acquisition financing, portfolio restructuring and more has joined Holland & Knight as partner, the firm said.

  • March 27, 2020

    NY Justices Take Up JP Morgan's $140M Coverage Battle

    New York's highest court on Thursday agreed to review a lower court's ruling that J.P. Morgan Securities Inc. is not entitled to insurance coverage for a $140 million chunk of a settlement that Bear Stearns paid to the U.S. Securities and Exchange Commission because that sum is an uninsurable penalty.

  • March 27, 2020

    Sterling Bank Hid Risk, Tanking Stock, Investors Say

    A group of peeved investors hit Sterling Bancorp Inc. with a proposed class action in Michigan federal court Friday, claiming its Michigan-based subsidiary Sterling Bank and Trust FSB misled investors and ignited a stock drop that resulted in massive damages to their holdings.

  • March 27, 2020

    Attys Call Quinn Emanuel's Sanctions Bid 'Waste Of Time'

    Attorneys for a capital management company have hit back against a bid for sanctions based on the claim that they accused Quinn Emanuel Urquhart & Sullivan LLP and Marcus & Shapira LLP attorneys of fraud, calling the motion “a waste of the parties’ and the court’s time,” and saying the lawsuit never accused the attorneys of anything.

  • March 27, 2020

    Calif. Rule ‘Eviscerates’ Arbitration Act, Banking Industry Says

    The banking industry is helping Comcast and AT&T challenge a California rule that blocks arbitration of claims for public injunctions, telling the U.S. Supreme Court in an amicus brief that the so-called McGill rule “eviscerates both the letter and spirit” of the Federal Arbitration Act.

  • March 27, 2020

    Big Chunk Of Goldman Sex Bias Class Booted To Arbitration

    More than 1,000 female Goldman Sachs associates and executives must arbitrate their gender bias claims against the bank, a New York federal magistrate judge has ruled, saying the bank didn't "hide the ball" by seeking arbitration after the class was certified.

  • March 27, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Clydesdale Bank sue Barclays and HSBC for fraud, Russia's sovereign wealth fund launch claims against one of the U.K.'s largest newspapers, and HSBC team up with a wind producer to sue energy companies in Germany. Here, Law360 looks at those and other new claims in the U.K.

  • March 26, 2020

    Judge Axes Investors' Libor Rigging Suit As 'Wishful Thinking'

    A New York federal judge on Thursday tossed a sprawling proposed class action accusing Bank of America, Deutsche Bank and a slew of other major banks of engaging in a sequel Libor-rigging conspiracy, saying the allegations amount to speculation and "wishful thinking" about what the banks might have done.

  • March 26, 2020

    Harvest Health, Verano Ax Planned Merger Amid Virus Woes

    Cannabis companies Harvest Health & Recreation Inc. and Verano Holdings LLC announced on Thursday that the pair have abandoned plans for an $850 million merger announced last year, citing concerns about the impact of the coronavirus pandemic.

  • March 26, 2020

    CFPB Halts Some Reporting Reqs, Eyes Exam Scheduling

    The Consumer Financial Protection Bureau said Thursday that it will temporarily suspend certain regulatory reporting requirements and be flexible on supervisory exam scheduling in an effort to take some burdens off mortgage lenders, card issuers and other financial services companies as they contend with the COVID-19 pandemic.

  • March 26, 2020

    Ex-Merrill Lynch Trader Wants Spoofing Scheme Charge Axed

    A former Merrill Lynch trader argued Wednesday that he shouldn't have to face federal prosecutors' charge that he participated in a years-long scheme to spoof the precious metals market, saying the charge is unconstitutionally vague and unauthorized by law.

  • March 26, 2020

    Feds Urge Small-Dollar Bank Lending Amid COVID-19 Crisis

    Federal regulators said Thursday banks should think about providing small-dollar loans to help cash-strapped consumers during the coronavirus pandemic, guidance that consumer advocates say opens the door to predatory lending at the "worst possible time."

  • March 26, 2020

    COVID-19 Relief Could Be Catalyst For A Digital Dollar

    With the U.S. House of Representatives set to approve a $2 trillion COVID-19 relief bill that includes direct payments to most Americans, the benefits of using fintech tools to deliver the funds touted on Capitol Hill could serve as a catalyst for digitizing the dollar.

Expert Analysis

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • COVID-19 Crisis Exposes Libor Replacement's Weaknesses

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    Fundamental differences in the way Libor and its pending replacement, the Secured Overnight Financing Rate, have tracked financial risk amid the COVID-19 crisis suggest the transition between the two benchmarks will be challenging, says Jeffrey Armstrong at the Berkeley Research Group.

  • Collaboration Is Key For Entertainment Cos. In Virus Era

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    As professional sports leagues and the live music industry shutter in response to COVID-19, commercial parties should keep in mind the importance of working together, given that they rely on long-term relationships, joint ventures, positive branding and reputation, say attorneys at Hogan Lovells.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Pandemic Poses Distressed Debt Opportunities, CFIUS Risks

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    Although a coronavirus-prompted uptick in U.S. debt restructurings may lead to distressed asset investment opportunities, non-U.S. investors and lenders should be wary of transactions that could trigger the Committee on Foreign Investment in the United States' jurisdiction, say attorneys at Ropes & Gray.

  • Past Crises Model Virus Response For Mortgage Industry

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    Homeowners, banks and loan servicers weathering the impact of COVID-19 should take a cue from how the mortgage industry handled foreclosure moratoriums, customer communications, credit reporting, and increased litigation and enforcement during past natural disasters, says Allison Schoenthal at Hogan Lovells.

  • Coronavirus Creates A Strange New World For State AGs

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    The coronavirus crisis is changing the policy and political focus of state attorneys general, as consumer protection actions are rapidly remade, AGs grapple with experimental law, and the Affordable Care Act and internet monopolies get a respite, says Shum Preston, who was senior adviser to former California Attorney General Kamala Harris.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • And Now A Word From The Panel: Spotlight On MDL Venue

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    With travel plans on hold in this country and around the world, and changing venues being the norm of the day, it's a good time to consider the topic of venue for multidistrict litigation proceedings, says Alan Rothman at Sidley.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • COVID-19 As A Material Adverse Change In M&A Agreements

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    Whether the COVID-19 pandemic may constitute a material adverse change under existing M&A agreements, such that any party has a right to terminate the contract or not perform certain obligations, will depend on the specific wording of the provision at issue and the effects on the particular company, say attorneys at Fried Frank.

  • Credit Facility Accessibility During The COVID-19 Pandemic

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    As companies and funds grapple with what the COVID-19 outbreak means for their businesses and ongoing liquidity needs, they need to consider the availability of revolving credit facilities and continued compliance with their credit agreements, say attorneys at Cleary.

  • How To Fairly Consider Job Applicants With Criminal Records

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    Recent research found that employers' risk-averse perceptions of applicants with criminal records go largely unchallenged, highlighting the need for clear applicant evaluation policies, as well as compliance with the Fair Credit Reporting Act, says Ina Silvergleid at A Bridge Forward.

  • Remote Online Notarization Will Support Business Continuity

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    Currently, 23 states have laws allowing for remote online notarization, a critical business tool in today's climate of quarantine and isolation that will likely remain a fixture even after the coronavirus crisis is over, says Joshua Prever at Holland & Knight.

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