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April 30, 2025
House GOP Bill To Cut CFPB Budget, Audit Board Clears Panel
The U.S. House Financial Services Committee on Wednesday approved Republican budget legislation that would strip most funding from the Consumer Financial Protection Bureau and wind down an independent audit regulator for public companies.
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April 30, 2025
CFPB Scraps More Cases, Curbs Small Biz Loan Rule Focus
The Consumer Financial Protection Bureau on Wednesday abandoned more lawsuits, including its Fifth Circuit appeal over a Biden-era policy that expanded the agency's anti-discrimination scrutiny of financial firms, and said it will not focus on enforcing a contested small business lending rule.
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April 30, 2025
Fed. Circ. Upholds PayPal, Apple Patent Wins Over Fintiv Inc.
PayPal Holdings Inc. successfully persuaded the Federal Circuit on Wednesday to uphold the invalidation of Fintiv Inc. mobile wallet patents it's accused of infringing, which then led to Apple Inc. beating a related appeal.
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April 30, 2025
Citadel Securities Gives SEC Regulatory Wish List
Citadel Securities LLC released a white paper Wednesday that lays out policy recommendations for the U.S. Securities and Exchange Commission and the exchanges it regulates, calling on the agency to address concerns tied to secretive trading rooms as well as 24-hour buying and selling.
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April 30, 2025
Website Operators Challenge $102M FTC Judgment
Two former executives of On Point Global LLC urged the Eleventh Circuit to reverse a civil contempt sanction of $102 million for violating a prior injunction, arguing that the lower court should have held a hearing to allow them to present evidence in their favor.
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April 30, 2025
Activant Unit Seeks $7.5M Fee After $37M Bolt Suit Win
An Activant Capital Group fund has petitioned Delaware's Court of Chancery to approve a $7.5 million company-paid corporate benefit fee, citing a successful battle for cancellation of more than $37 million in Bolt Financial Group shares held by a controller who defaulted on a more-than $30 million company-guaranteed loan.
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April 30, 2025
Coinbase Urges Justices To Take User's IRS Data Seizure Suit
Crypto exchange Coinbase on Wednesday urged the U.S. Supreme Court to firm up privacy rights around digital information stored with third parties, backing a petition by a Coinbase user who's challenging the Internal Revenue Service's seizure of his account records.
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April 30, 2025
Feds Barred From Reviving 'Unlawful' Tornado Cash Sanctions
A Texas federal judge has permanently barred the U.S. Department of the Treasury from enforcing its now-dissolved sanctions on crypto mixer Tornado Cash after the advocates who challenged the designation argued the government's removal of the sanctions wasn't enough.
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April 30, 2025
Kirkland, Latham Lead Chinese Online Insurer's $30M US IPO
Shares of Chinese online insurance distributor Yuanbao Inc. rallied in debut trading Wednesday after it priced a $30 million initial public offering at the top of its range, represented by Kirkland & Ellis LLP and underwriters' counsel Latham & Watkins LLP, as more companies test a shaky U.S. IPO market.
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April 29, 2025
Ex-CFPB Senior Attys Sign On With Democracy Forward
Democracy Forward, a legal advocacy group that's emerged as a top court brawler with the Trump administration, said Tuesday that it has hired several more of the Consumer Financial Protection Bureau's recently departed senior litigators, adding to its ranks of agency alums.
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April 29, 2025
SEC Abandons Investigation Into PayPal's Dollar Stablecoin
The U.S. Securities and Exchange Commission has dropped its investigation into PayPal's dollar-pegged stablecoin "without enforcement action," PayPal said in a disclosure filed Tuesday, the latest cryptocurrency probe abandoned by the agency under President Donald Trump's administration.
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April 29, 2025
FTX Ch. 11 Trust Asks To Keep Customer Info Confidential
In a just-under-the-wire move, the FTX bankruptcy recovery trust has sought a seventh extension for a mid-2023 ruling by the U.S. Bankruptcy Court for the District of Delaware allowing confidential treatment of its 9 million customers' information, citing the data's continued value to the estate.
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April 29, 2025
Kim Kardashian, Celebs Challenge Crypto Buyers' Cert. Bid
The co-founder of the EthereumMax crypto token and celebrities who allegedly promoted the offering told a California federal judge that a group of spurned buyers should not be able to certify their class action since they have not provided a way to determine how many transactions would fall in each category.
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April 29, 2025
Perkins Coie Leads 2 SPAC Listings Raising $300M Combined
Two special-purpose acquisition companies, under similar leadership teams and represented by Perkins Coie LLP, began trading Tuesday after pricing initial public offerings that raised a combined $300 million.
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April 29, 2025
Watchdog Will Probe Trump Admin's Push To Shrink CFPB
The U.S. Government Accountability Office will look into whether the Trump administration's aggressive downsizing efforts have rendered the Consumer Financial Protection Bureau unfit for duty, agreeing to a review sought by Democratic lawmakers.
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April 29, 2025
OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft
Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.
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April 29, 2025
Fla. Bitcoin Scammer Warned That 20-Year Sentence On Table
A Manhattan federal judge told a Florida bitcoin scammer on Tuesday that he may face 20 years for refusing to repay $20 million to an entrepreneur whose cryptocurrency he stole, citing the defendant's alleged preference for doing time over making restitution.
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April 29, 2025
Celsius Founder Should Get 20 Years For Fraud, Feds Say
Prosecutors have urged a federal judge in Manhattan to sentence the founder of defunct cryptocurrency platform Celsius to 20 years in prison, arguing he ran a "yearslong campaign of lies and self-dealing" that caused billions of dollars in losses to thousands of customers.
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April 28, 2025
DC Circ. Restores Ban On CFPB Mass Layoffs Amid Appeal
A D.C. Circuit panel said Monday that the Consumer Financial Protection Bureau must refrain for now from mass employee firings, backtracking from a prior decision that the Trump administration had used to attempt a now-suspended layoff of nearly all the agency's staff.
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April 28, 2025
NJ Can't Take Action Over Kalshi's Sports Contracts, For Now
A New Jersey federal judge on Monday barred the state's gambling regulators from taking action over Kalshi's sports event contracts for the time being, after he found that the contracts appear to fall within the "exclusive jurisdiction" of the U.S. Commodity Futures Trading Commission.
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April 28, 2025
Wells Fargo Exits CFPB's Mortgage, Auto Loan Consent Order
Wells Fargo & Co. announced Monday it has exited a consent order it inked with the Consumer Financial Protection Bureau in a 2018 settlement that stemmed from allegations of improper practices in the bank's auto lending and mortgage divisions.
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April 28, 2025
Feds Urged To Drop Crypto Mixer Charges After DOJ Memo
Federal prosecutors are weighing whether to continue pursuing a criminal case against two executives of crypto mixing service Samourai Wallet in light of a recent U.S. Department of Justice memo limiting certain digital asset prosecutions.
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April 28, 2025
Trump Sued Over 'Unprecedented' NCUA Board Purge
The two Democratic credit union regulators whom President Donald Trump ousted earlier this month from the National Credit Union Administration sued Monday to be reinstated to the agency's board, challenging their terminations as "unprecedented" and unlawful.
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April 28, 2025
Nasdaq Presses SEC To Enact Clearer Digital Asset Rules
Nasdaq is urging the U.S. Securities and Exchange Commission and its sister agency that regulates derivatives to adopt clearer rules governing digital assets, calling for a system that classifies such products into four categories.
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April 28, 2025
Ex-Deutsche Bank GC Is Coinbase's Next Compliance Chief
A former general counsel at Deutsche Bank AG, who most recently led the anti-financial crime unit, is joining Coinbase Global Inc. as chief compliance officer, he said in a LinkedIn post Monday, a move that comes as policymakers work to set rules of the road for cryptocurrency.
Expert Analysis
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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How SDNY US Atty Nom May Shape Enforcement Priorities
President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Collateralized Loan Obligations Post-Reform
The Financial Stability Board's recent report on global securitization reforms, analyzing resilience trends in the collateralized loan obligation market post-2008, suggests that, while risk retention rules have a limited impact on observable characteristics, other structural features play a significant role in ensuring risk alignment, says Kos Vavelidis at DLA Piper.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.