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Banking
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April 29, 2025
Ƶ Aims To Mediate Colony Ridge 'Reverse Redlining' Suit
The Consumer Financial Protection Bureau and a Houston-based real estate developer asked a Texas federal judge Tuesday to pause the bureau's reverse redlining suit so they can engage in mediation to resolve the case.
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April 29, 2025
Watchdog Will Probe Trump Admin's Push To Shrink Ƶ
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
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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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
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 Ƶ 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
SEC Defends Witholding Info On Text Message Sweeps
The U.S. Securities and Exchange Commission pushed back Monday against the American Securities Association's bid for spreadsheets related to the regulator's enforcement sweep of so-called off-channel communications, telling a Florida federal judge that its spreadsheet withholdings under the Freedom of Information Act are fully legal.
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April 28, 2025
Wells Fargo Exits Ƶ'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
Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case
A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.
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April 28, 2025
NC Dentist Acquitted Of $3M Fraud, Tax Evasion Charges
A North Carolina dentist was acquitted of wire fraud and tax evasion charges on the fourth day of a federal jury trial in which prosecutors had alleged the dentist submitted false loan applications to the Small Business Administration and failed to pay income taxes.
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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
TD Bank's $3 Paper Statement Fee Breaks NY Law, Suit Says
TD Bank faces a proposed customer class action alleging it violated New York state law with its practice of charging its customers $3 to mail them paper copies of their monthly billing statements.
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April 28, 2025
Wells Fargo Tells Judge Cash Sweep 'Conflict' Was Disclosed
Wells Fargo said it should be allowed to escape customers' proposed class action alleging the bank's cash sweep investment program disproportionately benefits the bank, arguing it disclosed in its signed agreements with customers the bank's intentions to secure financial gains for itself through the program.
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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
Wells Fargo Says Atty Is To Blame For SEC's EB-5 Fraud Suit
An immigration attorney claiming a Wells Fargo adviser led her astray has no one to blame but herself for being sued by the U.S. Securities and Exchange Commission for EB-5 investment fraud, the company told a Nevada federal court.
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April 28, 2025
'Shake & Bake': 4th Circ. Cites Ricky Bobby In NASCAR Ruling
The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.
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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.
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April 25, 2025
Cadence Bank Customers Seek Final OK For $4.5M Fee Deal
Customers of Cadence Bank have asked an Arkansas federal judge to grant a final sign-off to a $4.5 million deal to end proposed class action claims over the bank's charging of a type of overdraft fee known as "authorize positive, settle negative" fees.
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April 25, 2025
OCC Slashes Fines In Deals With Ex-Wells Fargo Auditors
The Office of the Comptroller of the Currency has settled with two former Wells Fargo executives who were fighting seven-figure penalty orders for their alleged roles in the bank's fake accounts scandal, agreeing to accept greatly reduced fines totaling $150,000.
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April 25, 2025
Ƶ Abandons $2.25M Student Loan Trust Deal, Drops Case
The Consumer Financial Protection Bureau on Friday voluntarily dismissed its long-running debt collection practices suit against the National Collegiate Student Loan Trusts, abandoning a $2.25 million proposed settlement that had been held up by objectors.
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April 25, 2025
FDIC Defends In-House Enforcement For Banking At 7th Circ.
The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.
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April 25, 2025
SPAC Deals Are Buzzing Again Despite Tariff Turmoil
Amid heavy volatility that has largely frozen traditional initial public offerings, deal teams are launching more special purpose acquisition companies, an alternative market to typical IPOs that so far has shown few ill effects from tariff-related uncertainty.
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April 25, 2025
Ƶ Plans Exit From Auto Finance Suit, Leaving It To NY
The Consumer Financial Protection Bureau has moved to withdraw from a predatory lending lawsuit it brought jointly with the state of New York against subprime auto lender Credit Acceptance Corp., marking another pullback in a series of enforcement retreats by the agency.
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April 25, 2025
NY Judge Axes Ford O'Brien Malpractice Suit
A former Ford O'Brien Landy LLP client who claimed the firm's "haphazard" representation lost him millions at arbitration has had his legal malpractice suit thrown out of New York state court, with a judge finding no evidence that the outcome would have changed had his counsel acted differently.
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April 25, 2025
Feds Push To Keep Trial Date For 'Compromised' Texas Rep
Prosecutors told a federal judge Friday that U.S. Rep. Henry Cuellar, D-Texas, and his wife have plenty of time to review discovery and get their attorneys security clearances before a September trial on bribery and corruption charges.
Expert Analysis
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Student Loan Entities In Hot Seat After Ƶ Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Takeaways From SEC's Registered Investment Cos. Risk Alert
The U.S. Securities and Exchange Commission's Division of Examinations' recent risk alert pertaining to registered investment companies provides a high-level overview of its risk-based approach to selecting RICs for examination — a potential hint that the division is investigating some of the covered topics, say attorneys at Simpson Thacher.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Roundup
Texas Banking Brief
In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in Texas banking regulation and policymaking.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.