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Banking
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July 17, 2025
Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work
President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.
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July 16, 2025
Wells Fargo Sued Over 'Flippant' Mortgage Fee Refunds
A Wells Fargo mortgage borrower has filed a proposed class action against the bank, alleging the bank made an "inadequate" effort to resolve purported mortgage origination fee errors it has vaguely alerted certain borrowers to.
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July 16, 2025
Fed IG To Probe $2.5B HQ Renovation Amid Trump Criticism
The Federal Reserve's inspector general confirmed Wednesday that it plans to look into the central bank's $2.5 billion renovation of its Washington, D.C., headquarters, an overbudget project that has become a target of White House criticism of Fed Chair Jerome Powell.
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July 16, 2025
Disbarred Atty Urges 9th Circ. To Nix $243M Loan Scam Order
A Ninth Circuit panel appeared skeptical Wednesday of a disbarred attorney's bid to unwind an order requiring the lawyer to pay $243 million for his role in a student loan scam, pressing back against his claim that he had no opportunity to depose two witnesses because he was in custody.
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July 16, 2025
House Crypto Bills Clear Procedural Hurdle After Late Stall
Three pieces of crypto legislation moved forward late Wednesday night after stumbling at a procedural hurdle in the House of Representatives as multiple Republican lawmakers broke with their party and temporarily withheld their support.
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July 16, 2025
2nd Circ. Backs Argentina In Bondholders' $360M Debt Suit
Argentine debtholders claiming the country owes them more than $360 million in improperly withheld payments lost their case before the Second Circuit on Wednesday, which ruled that the bonds' governing documents prohibited the lawsuits.
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July 16, 2025
Court Ditches Deutsche Bank Suit Over Lehman Claim Deal
A New York federal court has dismissed a Deutsche Bank suit claiming a Boston portfolio management firm is demanding unreasonable terms to close the acquisition of $906 million worth of claims in Lehman Brothers' long-running bankruptcy, finding the court lacked subject matter jurisdiction over the suit.
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July 16, 2025
Wells Fargo Says JPMorgan No Victim In $481M CMBS Suit
Wells Fargo has told a New York federal court that it need only prove that JPMorgan knew a seller falsified financial data underlying a $481 million commercial mortgage-backed securities loan, not that it was aware of any fraud, in a suit seeking to hold the bank liable for the defaulted loan.
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July 15, 2025
EXIM Bank Sued For 'Unconscionable' LNG Project Funding
Friends of the Earth is asking a D.C. federal judge to block $4.7 billion in financing the Export-Import Bank of the United States has authorized for a massive liquefied natural gas project in Mozambique led by TotalEnergies SE.
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July 15, 2025
PCAOB Chief Erica Williams Has Resigned, SEC Chair Says
Erica Y. Williams has resigned as chair and a board member of the Public Company Accounting Oversight Board after more than three years in the position, according to a statement issued Tuesday by U.S. Securities and Exchange Commission Chairman Paul S. Atkins.
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July 15, 2025
FDIC Says Farella Braun Can't Get Fees In First Republic Suit
The Federal Deposit Insurance Corp. has asked a California federal court to toss a more than $50,000 legal fee claim tied to First Republic Bank's collapse, arguing that Farella Braun, the law firm behind the claim, failed to submit a valid written agreement or itemized invoices and its claim is legally insufficient.
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July 15, 2025
Gould Sworn In As Comptroller Of Currency
Former Jones Day partner Jonathan Gould on Tuesday was sworn in as the next leader of the Office of the Comptroller of the Currency, marking his return to the agency where he spent more than two years as chief counsel.
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July 15, 2025
Internet Provider Can't Duck Conn. Atty's ID Theft Probe
Connecticut Trial Firm LLC co-founder Andrew Garza may pursue a bill of discovery against internet service provider NetSpeed LLC as he tries to unmask the person he says stole his identity to open a bank account, a Connecticut state judge has ruled.
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July 15, 2025
FDIC Floats Rule 'Indexing' Plan In Deregulatory Blitz
The Federal Deposit Insurance Corp. has unveiled plans to begin automatically raising dollar thresholds used to determine which compliance requirements apply to banks, part of a broader raft of deregulatory measures that agency leaders advanced on Tuesday.
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July 15, 2025
BofA Says $657M Payment To FDIC Should End Premiums Suit
Bank of America and the FDIC are at odds over how to calculate the prejudgment interest rate on a $540 million payment the bank was ordered to pay in a case over underpaid deposit insurance assessments, with the bank arguing its recent payment of over $657 million satisfies its obligation.
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July 15, 2025
NC Justices Urged To Halt Project Tract's Foreclosure Sale
A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.
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July 15, 2025
Weedmaps, SPAC Officers Want Out Of Investor SEC Fine Suit
Cannabis tech company Weedmaps Technology Inc. and leaders of a blank check company that it merged with have asked to be released from an investor's proposed class action alleging damages following the U.S. Securities and Exchange Commission's announcement that it fined Weedmaps $1.5 million for allegedly making misleading statements about its monthly active users.
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July 15, 2025
Booz Allen Urges DC Circ. To Affirm IRS Leak Sentence
Government contractor Booz Allen Hamilton urged the D.C. Circuit to uphold the five-year prison sentence of its former employee for leaking tax returns while on a job at the IRS, saying the crime has hurt the company's reputation and subjected it to "baseless lawsuits."
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July 14, 2025
Casino Entrepreneur Fights Laos' Award Appeal At 9th Circ.
An entrepreneur who was not party to an arbitration is fighting to toss Laos' bid before the Ninth Circuit to overturn an order refusing to enforce about $5 million in arbitral awards stemming from an ill-fated casino venture, saying the appealed ruling isn't a final decision.
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July 14, 2025
Regulators Outline Crypto 'Safekeeping' Guidelines For Banks
Federal regulators said Monday that banks are free to offer cryptocurrency "safekeeping" services but should be mindful of the risks involved, stressing the need for strong cybersecurity and clear customer agreements, among other considerations.
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July 14, 2025
Capital One Again Moves To Toss Trump Debanking Suit
An amended complaint brought by President Donald Trump's revocable trust and Eric Trump merely made "superficial changes" to their unfounded claims that Capital One illegally canceled hundreds of Trump-affiliated accounts in the wake of the Jan. 6, 2021, attacks on the U.S. Capitol, the bank told a Florida federal court on Friday in a renewed bid to have the suit dismissed.
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July 14, 2025
Pawn Operator FirstCash Settles ÃÛÌÒÊÓÆµ Military Claims For $9M
Pawn shop giant FirstCash Inc. has agreed to a $4 million fine and consumer redress payments of at least $5 million to resolve U.S. Consumer Financial Protection Bureau claims it violated the federal Military Lending Act with high interest pawn loans to active-duty servicemembers and their dependents despite an earlier consent order over the same misconduct.
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July 14, 2025
ÃÛÌÒÊÓÆµ Deal To Put Medical Debt Back On Reports OK'd
A Texas federal court has reversed a Biden-era rule that kept an estimated $49 billion in medical debt from credit reports after the Consumer Financial Protection Bureau and lender trade groups struck a deal to axe the rule.
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July 14, 2025
ÃÛÌÒÊÓÆµ Defends Timeliness Of Experian Credit Reporting Suit
The Consumer Financial Protection Bureau has urged a California federal judge to reject Experian's bid to toss key claims in the agency's suit accusing it of mishandling consumer credit reporting disputes, arguing that the company can't dodge liability by disavowing a tolling agreement.
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July 14, 2025
TD Bank Defends $3 Monthly Paper Statement Fee
TD Bank has urged a New York federal judge to end a proposed class action alleging it illegally charges customers a $3 fee if they receive checking account paper statements every month, arguing Monday it has the authority under the National Bank Act to levy non-interest charges and fees.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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ÃÛÌÒÊÓÆµ Vacatur Bid Sheds Light On Agency Decision-Making
While the ÃÛÌÒÊÓÆµ's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to ÃÛÌÒÊÓÆµ decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.