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Fintech
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March 21, 2024
Silvergate Must Face Investor Suit Over FTX Ties, Judge Says
The now-defunct Silvergate Bank and its CEO must face a proposed class action brought by customers of bankrupt cryptocurrency exchange FTX, a California federal judge ruled Wednesday, finding that Silvergate owed a duty to FTX customers and that its conduct harmed them.
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March 21, 2024
Wisconsin Gov. Signs Earned Wage Access Bill Into Law
Wisconsin on Thursday solidified a licensing framework for so-called earned wage access services when Gov. Tony Evers signed a state law regulating the cash-advance products.
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March 21, 2024
CFPB Wants Late-Fee Suit In DC As Judge Notes Busy Docket
The Consumer Financial Protection Bureau on Thursday asked a Texas federal judge to move a challenge to its new credit card late-fee rule to a Washington, D.C., federal court, a day after the court denied a bid for an immediate injunction brought by a trade group coalition suing to overturn the rule.
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March 21, 2024
Conn. Judge Awards $59M Damages Payment In Crypto Feud
A Connecticut state court judge has ordered an overseas business partner and his companies to pay $59.4 million to a bitcoin mining venture after he allegedly lied about both his criminal history and the legal woes of several other companies he controls while siphoning revenue and causing lost profits.
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March 21, 2024
Unabomber Prosecutor To Probe FTX's Sullivan & Cromwell Ties
The Delaware bankruptcy court overseeing the Chapter 11 case of FTX Trading Ltd. has approved the appointment of a former federal prosecutor, whose experience includes work on the Unabomber case, to delve into accusations Sullivan & Cromwell is conflicted as debtor's counsel.
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March 21, 2024
Ex-OneCoin Attorney Says 1 Year In Prison Is Enough
A Bulgarian woman who held the title of legal and compliance executive at the fraudulent OneCoin cryptocurrency exchange asked a Manhattan federal judge to credit her for the year she'd spent in prison in harsh conditions and not sentence her to any more jail time.
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March 21, 2024
DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4
The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.
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March 20, 2024
Winklevoss-Owned NFT Co. Gets Suit Sent To Arbitration
A New York federal judge has ordered a suit accusing cryptocurrency exchange Gemini Trust and its NFT-focused subsidiary of selling unregistered securities to be sent to arbitration, rejecting the plaintiff's arguments that his proposed class action belongs in federal court.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
EU's AI Act Disclosure Rules Could Spark Further Litigation
The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
Wise Hits Back At Bad Faith TM Allegations From Tech Rival
Payments firm Wise has hit back at a counterclaim from software company WithWise, urging the High Court to reject WithWise's claim that Wise's trademark is invalid because it is overbroad and being used as a legal weapon.
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March 19, 2024
5th Circ. Ducks 'Pandora's Box' In Tossing SEC Gag Rule Row
The U.S. Securities and Exchange Commission on Tuesday defeated a challenge to its so-called gag rule against settling defendants, with the Fifth Circuit writing that it didn't want to open a "Pandora's box" by ruling that it had jurisdiction to review a financial radio show host's appeal of a decision that wasn't a final judgment.
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March 19, 2024
Top Bank Lobbyist To Biden: Stop The Regulatory 'Tsunami'
The head of the largest U.S. banking trade group vowed Tuesday to keep litigation on the table if federal regulators don't back off their rulemaking "tsunami," tough talk that comes as the group's latest such legal challenge has hit potential turbulence in Texas.
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March 19, 2024
CFTC Decries Forex Firm's 'Strong-Arm' Sanctions Bid
The U.S. Commodity Futures Trading Commission has admitted in a court filing that it made an error in a lawsuit accusing a foreign exchange firm of defrauding its customers but said the now-corrected error does not merit sanctions, and the defendants appear to be abusing the sanctions process to "strong-arm" their way into a better settlement.
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March 19, 2024
Google Fights Wiretapping Suit Over 'Fancy Tape Recorder'
Google LLC urged a California federal judge Tuesday to throw out a proposed class action alleging the tech giant's "human-like" customer-service product using generative text illegally eavesdrops on conversations without users' consent, arguing that the product is merely a "fancy tape recorder" that doesn't involve humans eavesdropping.
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March 19, 2024
US Bank, Oppenheimer To Pay CFTC $7M In Text Probe Cases
U.S. Bank NA and Oppenheimer & Co. Inc. have agreed to pay a combined $7 million to settle allegations brought by the U.S. Commodity Futures Trading Commission over the failure to preserve business communications via personal text, the agency announced Tuesday.
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March 19, 2024
Bankman-Fried's Fraud Left FTX Users Reeling, Letters Say
Customers of Sam Bankman-Fried's fallen crypto exchange are struggling with financial insecurity, skimping on expenses including food and worrying about their assets, according to victim letters lodged ahead of the FTX founder's sentencing for what prosecutors call an $11 billion fraud.
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March 18, 2024
Apple Co-Founder's Scam Suit Against YouTube Gets New Life
A California appeals court has revived Apple co-founder Steve Wozniak's lawsuit accusing YouTube and its parent company, Google, of contributing to a cryptocurrency scam that fraudulently used his image, finding that the tech giants' provision of verification badges to corrupted channels could put them outside the scope of a federal tech liability shield law.
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March 18, 2024
FTC Says 2 Fintechs Will Pay $59M To Settle PPP Loan Claims
Two fintech firms heavily involved in a key federal pandemic-era loan program for small businesses have agreed to pay a combined $59 million to settle Federal Trade Commission claims of bungled application processing that failed to deliver speedy relief funding as advertised, the FTC said Monday.
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March 18, 2024
Petrillo Klein Nabs NY Consumer Protection Chief As Partner
The former acting head of the Consumer Protection and Financial Enforcement Division of the New York State Department of Financial Services has joined Petrillo Klein & Boxer LLP, where he will focus on white-collar defense of both individuals and institutions.
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March 18, 2024
Genesis Gets OK For $21M Deal To End SEC Crypto Loan Suit
A New York federal judge on Monday approved a $21 million settlement to resolve allegations that bankrupt crypto lender Genesis Global Capital LLC violated the U.S. Securities and Exchange Commission's regulations by selling unregistered securities in a joint partnership with crypto exchange Gemini Trust Co.
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March 18, 2024
SEC Sanctioned Over 'Bad Faith Conduct' In Crypto Case
A Utah federal judge sanctioned the U.S. Securities and Exchange Commission on Monday over misstatements its counsel made to obtain emergency measures against crypto project Debt Box, ordering the regulator to pay both the defense's and receiver's attorney fees as well as legal costs arising from the regulator's "bad faith conduct."
Expert Analysis
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Calif. Delete Act Paves Way For Data Broker Accountability
California's recent enactment of a law that will allow state residents to delete personal information held by some 500 data brokers shows there is renewed focus on holding an extremely lucrative but underregulated industry accountable — but doing so may require both legislation and litigation, says Karina Puttieva at Cohen Milstein.
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DeFi Enforcement Is Growing, Despite CFTC Dissonance
The U.S. Commodity Futures Trading Commission’s recently settled actions against operators of three decentralized finance protocols appear to be part of an enhanced enforcement push, though commissioners don’t agree on how to promote constructive regulation, say Michael Philipp and Sarah Riddell at Morgan Lewis.
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Regulators' Focus On AI Highlights Risks For Lenders
Recent guidance from the Consumer Financial Protection Bureau and other regulators illuminates potential pitfalls that lenders and other companies should take steps to avoid when leveraging artificial intelligence-based technologies in consumer credit transactions, say attorneys at Sheppard Mullin.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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What Fed Supervision Letters Mean For Bank-Fintech Collabs
Recent Federal Reserve guidance, which creates a program to supervise bank-fintech partnerships and requires banks to obtain advance approval before offering stablecoins, may reflect both regulators’ skepticism of banks engaging in cryptocurrency-related activities and a growing realization that these collaborations require novel supervisory approaches, say attorneys at MoFo.
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Series
Conn. Banking Brief: The Notable Compliance Updates In Q3
The most notable legal changes affecting Connecticut financial institutions in the third quarter of 2023 included increased regulatory protections for consumers, an expansion of state financial assistance for underserved communities, and a panoply of tweaks to existing laws, says Brian Rich at Barclay Damon.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Series
Mass. Banking Brief: The Notable Compliance Updates In Q3
Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.
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Series
NY Banking Brief: All The Notable Compliance Updates In Q3
Among the most significant developments in banking and financial services from last quarter, New York financial regulators implemented new commercial lending disclosure rules, issued revisions to cybersecurity regulations and published updated guidance on virtual currency listings, says Melissa Hall at Loeb & Loeb.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Opinion
The Prohibition On Insider Trading Is Misleading
Officials regularly describe the prohibition on insider trading as safeguarding shareholders’ property rights and protecting the investing public, but the law is misleading: It’s really an unjust ban on consensual trading, says Kevin Douglas at Michigan State University.
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Series
In The CFPB Playbook: The Bureau In The Courts
From defending the constitutionality of its funding and the scope of its rulemaking authority in the courts to releasing more nonbinding guidance, the Consumer Financial Protection Bureau had a busy summer. Orrick's John Coleman discusses all this and more in the second installment of quarterly bureau activity recaps by former CFPB personnel.
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Feds' Long-Term Debt Proposal Could Be Costly For US Banks
Federal banking regulators recently released a proposal for long-term debt requirements for certain U.S. banking organizations, which would significantly increase the cost of capital for most covered organizations, and the burden would be exacerbated by other factors in the current lending environment, say Matthew Bisanz and Anna Pinedo at Mayer Brown.