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Banking
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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.
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July 14, 2025
OCC Drops 'Disparate Impact' From Fair Lending Oversight
The Office of the Comptroller of the Currency said Monday that it will stop checking to see whether banks' lending practices are causing potentially unintended discrimination, scrubbing so-called disparate-impact liability from its examination policies.
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July 14, 2025
UnitedHealth Settling Fraud Case Over Fake Invoice Scheme
UnitedHealth Group Inc. and a subsidiary are not going to trial in Colorado state court this week after the company reached a settlement with a defunct Colorado investment company that claimed UnitedHealth should have been liable for the "multi-million dollar fraudulent scheme" executed by a former employee, counsel for the plaintiff told Law360.
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July 14, 2025
BlockFi, DOJ End Ch. 11 Suit Over $35M In Scammed Crypto
The plan administrator running the wind down of cryptocurrency lending platform BlockFi Inc. and the U.S. Department of Justice agreed to end two years of litigation over the government's efforts to recover $35 million in digital tokens deposited with the former debtor by a pair of Estonian scammers.
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July 14, 2025
Pa. Bank Fights Court Oversight After $3M Redlining Deal
A Pennsylvania bank that agreed to pay a $3 million settlement to resolve the U.S. Department of Justice's allegations of discriminatory lending practices has asked a federal judge to reject a request by fair housing advocacy groups to continue court oversight to ensure the bank's compliance with the settlement terms.
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July 14, 2025
2 Ex-Binance Employees Seek To Escape FTX Clawback Suit
Two former Binance employees named as defendants in a $1.76 billion clawback suit brought by FTX in Delaware bankruptcy court have asked to be dismissed from the case, saying the court has no personal jurisdiction over them and that the complaint doesn't allege that they were involved in the transactions at issue.
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July 14, 2025
2nd Circ. Won't Let UBS Arbitrate Fund Mismanagement Suit
The Second Circuit on Monday affirmed a New York federal judge's decision rejecting UBS' bid to send a charitable trust's mismanaged funds suit to arbitration, finding that the bank knowingly relinquished the right to arbitrate "by acting inconsistently with that right."
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July 14, 2025
Wachtell Guides Huntington Bancshares On $1.9B Veritex Buy
Huntington Bancshares Inc. said Monday it has agreed to acquire Dallas-based Veritex Holdings Inc. in an all-stock transaction valued at $1.9 billion, deepening the Ohio-based lender's presence in the Texas market.
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July 14, 2025
Winston & Strawn Hires Ex-Cadwalader Transactions Atty
Winston & Strawn LLP has hired a former Cadwalader Wickersham & Taft LLP partner as a new partner for its transactions and structured finance teams in New York City and Charlotte, North Carolina.
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July 14, 2025
HSBC Becomes Latest Bank To Quit Net Zero Finance Group
HSBC has become the latest bank to quit a global banking coalition focused on mitigating climate change in alignment with the Paris Agreement, following multiple recent departures by lenders.
Expert Analysis
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Tips For Litigating Apex Doctrine Disputes Amid Controversy
Litigants once took for granted that deposition requests of high-ranking corporate officers required a greater showing of need than for lower-level witnesses, but the apex doctrine has proven controversial in recent years, and fights over such depositions will be won by creative lawyers adapting their arguments to this particular moment, say attorneys at Hangley Aronchick.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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A Guide To Permanent Capital Vehicles As Access Widens
Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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Best Practices For State Banks Eyeing Federal Conversions
Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Shifting DEI Expectations Put Banks In Legal Crosshairs
The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.
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Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'
A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.
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DOJ Memo Lays Groundwork For Healthy Bank Sponsorships
The U.S. Department of Justice's recent digital asset policy shift offers potential clarity in the murky waters of sponsor bank relationships, presenting nontraditional financial companies with both a moment of opportunity and a test of maturity, say attorneys at Arnall Golden.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool
As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.