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Fintech
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April 30, 2024
Dechert Adds Wilson Sonsini, Ex-SEC Crypto Expert In DC
A cryptocurrency and financial technology attorney who spent nearly six years with the U.S. Securities and Exchange Commission has left his most-recent role as a partner with Wilson Sonsini Goodrich & Rosati PC to join Dechert LLP in Washington, D.C., the firm announced Tuesday.
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April 30, 2024
Binance Founder Gets 4 Mos. For Lax Money Laundering Policy
Binance founder Changpeng Zhao was sentenced Tuesday to four months in prison for his failure to implement an effective anti-money laundering program at the global crypto exchange, as a federal judge rejected a more severe punishment sought by the government citing concerns about sentencing disparity.
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April 29, 2024
Robinhood's Top Lawyer Saw Pay Slashed By 29% In 2023
Dan Gallagher, the chief legal officer for online securities trading company Robinhood, earned $10.7 million in 2023, a nearly 30% decrease from the $15.1 million he came away with in 2022, according to a filing with the U.S. Securities and Exchange Commission.
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April 29, 2024
5th Circ. Urged To Block CFPB's Credit Card Late Fee Rule
Banking industry trade groups have called for the Fifth Circuit to act quickly to put the Consumer Financial Protection Bureau's $8 credit card late fee standard on hold, arguing that large credit card issuers stand to suffer "substantial" losses if it goes into effect even for just one day.
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April 29, 2024
Terraform Says SEC's $5.4B Sanction Bid Fails Under Morrison
Crypto firm Terraform Labs and its founder Do Kwon struck back at the U.S. Securities and Exchange Commission's $5.4 billion sanctions request following its trial win, filing dual briefs Monday that argued the regulator has only shown that "a small number" of allegedly illegal token sales took place in the U.S. and under its jurisdiction as outlined in the U.S. Supreme Court's Morrison decision.
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April 29, 2024
TD Ameritrade Fined $600K Over Flawed Automated Approvals
TD Ameritrade Inc. has agreed to pay a $600,000 fine to the Financial Industry Regulatory Authority, which alleged the online stock trading platform relied on an inadequate automated approval system for options trading that allowed risk-prone customers to be approved for certain trades despite red flags.
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April 29, 2024
Maker Of 'Let's Go Brandon' Coin Seeks Lawsuit Transfer
An attorney behind the digital asset inspired by the "Let's Go Brandon" meme urged a Florida federal judge to hand off to another court a securities fraud lawsuit against him, arguing Monday that the remaining parties in the suit have no connection to the district where the action was filed.
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April 29, 2024
DCG Gets To Face Combined Crypto Actions In Conn.
Cryptocurrency venture capital company Digital Currency Group Inc. has won its bid to move an investor action from Manhattan to Connecticut, where it faces similar claims over alleged losses during the so-called "crypto winter."
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April 29, 2024
Target, Grubhub Say Visa, Mastercard Fee Deal Is A Scam
Visa and Mastercard's settlement to slash their merchant fees by some $30 billion over the next several years has no fans in Target and Grubhub, who told the judge overseeing the long-running antitrust litigation that the deal isn't fair to anyone except the credit titans.
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April 29, 2024
'Tornado Cash' Crypto Fraud Wasn't Free Speech, Feds Say
The founder of the Tornado Cash cryptocurrency exchange is mistaken in his arguments that First Amendment protections on computer code are grounds to dismiss his money laundering and sanctions-dodging charges, prosecutors told a Manhattan federal judge.
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April 29, 2024
Orrick Adds Morgan Lewis Securities Regulatory Atty In DC
Orrick Herrington & Sutcliffe LLP has hired a longtime Morgan Lewis & Bockius LLP partner who focuses his practice on helping clients understand a myriad of securities regulations and financial laws, the firm announced Monday.
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April 29, 2024
Security Startup Founder Joins Greenberg Traurig From MoFo
Greenberg Traurig LLP has added a former Morrison & Foerster LLP technology litigator and data security software startup founder to its San Francisco office, the firm announced Monday.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Binance Can Arbitrate Suit Over Terra Stablecoin Collapse
A California federal judge ruled Friday that Binance can arbitrate a proposed class action alleging the company misrepresented the stability of "algorithmic stablecoin" TerraUSD, rejecting the plaintiff's argument he is an "unsophisticated consumer" who could not "clearly and unmistakably" delegate the question of arbitrability to the arbitrator and not the court.
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April 26, 2024
CFTC Receives Competing Visions For AI's Regulatory Future
Business lobbyists have urged the U.S. Commodity Futures Trading Commission to lean on existing regulations to address the financial industry's use of artificial intelligence, while skeptics say those regulations don't go far enough to guard against the technology's potential to spur market crashes and data breaches.
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April 26, 2024
Crypto Mining Co. Execs Face Suit Over Merger Shortcomings
Executives and directors of crypto mining company Hut 8 have been hit with a shareholder derivative suit claiming they failed to disclose the severe financial and operational issues of a company Hut 8 merged with last year, later revealed in a short-seller's report.
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April 26, 2024
Crypto Atty's Senate Bid Takes Detour For SEC-Coinbase Suit
The pro-cryptocurrency attorney vying to unseat Sen. Elizabeth Warren of Massachusetts added to his pro bono work in the digital asset space on Friday by taking up the mantle for Coinbase users in the crypto exchange's ongoing battle with the U.S. Securities and Exchange Commission.
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April 26, 2024
Custodia Balks At KC Fed's $25K Legal Bill After Account Suit
Custodia Bank on Friday urged a Wyoming federal judge not to award the Federal Reserve Bank of Kansas City's request for roughly $25,000 in attorney fees and litigation costs in a suit that the cryptocurrency-focused bank recently lost, saying the payout could deter others from pursuing "David and Goliath" lawsuits against the government.
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April 26, 2024
Soccer Star Says Binance Is Target Of $1B Fla. Suit, Not Him
Portuguese soccer star Cristiano Ronaldo has urged a Florida federal judge to dismiss a $1 billion proposed class action lawsuit against him over promoting Binance.US, saying the embattled cryptocurrency exchange is listed as the target of the suit — in an "apparent Freudian slip" — instead of him.
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April 26, 2024
Republic First Bank Fails In Biggest Bust Since 2023 Turmoil
Republic First Bank, a roughly $6 billion bank based in Philadelphia, was shuttered Friday by Pennsylvania state banking regulators and sold to Fulton Bank NA, capping off a prolonged decline that only worsened in the wake of last spring's regional bank failures.
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April 25, 2024
Crypto Co. DCG Hires 1st Legal Chief Amid New York AG Fight
The head of cryptocurrency conglomerate Digital Currency Group on Thursday said the firm has appointed its first chief legal officer, hiring the former top lawyer of payment management firm Billtrust as DCG fights a lawsuit by New York's attorney general and other disputes.
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April 25, 2024
FDIC Tables Plans To Scrutinize Big 'Passive' Bank Investors
Federal Deposit Insurance Corp. leaders on Thursday debated two competing proposals intended to address concerns about asset managers and other investors amassing outsized influence over banks whose shares they own, ultimately taking the rare step of tabling the measures as neither garnered majority support.
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April 25, 2024
FTC Sues Bill-Payment Co. Over Misleading Ads, Junk Fees
The Federal Trade Commission on Thursday filed suit against a Seattle-based, third-party bill-paying company for allegedly tricking online consumers into using the company's service by disguising itself as consumers' billers' official payment channel and tacking on junk fees.
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April 25, 2024
Crypto Co. Sues 'Crusading' Gensler Over SEC's Ether Stance
Cryptocurrency software company Consensys Software Inc. sued the U.S. Securities and Exchange Commission on Thursday in Texas federal court over the agency's treatment of the Ethereum network's ether token as a security after the company received a so-called Wells notice that agency staff intends to recommend an enforcement action over its products.
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April 25, 2024
SEC Says Texas Crypto Mining Co. Execs Ran $5.6M Fraud
A crypto asset mining and hosting company and two of its principals face U.S. Securities and Exchange Commission claims they defrauded about 64 investors with an unregistered securities offering that raised $5.6 million, spending investor funds lavishly on themselves while neglecting to set up, or in some cases even buy, the mining equipment they had said they would get.
Expert Analysis
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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How AI May Be Used In Fintech Fraud — And Fraud Detection
Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.
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Fintech 'Prenups': Planning For A Card Program Breakup
After a year of economic downturns, some banks and their fintech partners are realizing they may have rushed to the altar without a good prenup, but planning ahead can curb both foreseeable and unexpected issues in the event of a termination of a bank-fintech card-issuing agreement, say Andrew Grant at Ketsal and Richard Malish at Community Federal Savings Bank.
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3 Notification Pitfalls To Avoid With Arbitration Provisions
In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.
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What Fed's Credit-Linked Note FAQ Means For Capital Relief
U.S. banks that seek to mitigate their loss of liquidity under the Basel III capital requirements by issuing direct credit-linked notes should turn to recent Federal Reserve FAQs for insight into how this new use of synthetic securitizations may reshape risk and regulation in the U.S. market, says Cris Cicala at Stinson.
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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How Breach Reporting Is Changing For Financial Institutions
In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.