Fintech

  • January 03, 2025

    FDIC 'Pause' Letters Focused On Banks' Crypto Activity

    The Federal Deposit Insurance Corporation directed banks to pause the development of certain crypto products and services in 2022 but stopped short of scrutinizing banks' decisions to provide traditional services to crypto-focused customers, according to documents released by the regulator on Friday.

  • January 03, 2025

    PayPal's Minority Program Biased Against Asians, Suit Says

    A lawsuit filed in New York federal court alleges that PayPal's $535 million investment program for Black- and minority-led businesses is racially biased against Asian Americans and violates federal civil rights laws. 

  • January 03, 2025

    Victims Say Crypto Isn't Money, Safeco Must Cover Hack

    A Washington couple is accusing Safeco Insurance Co. of illegally refusing coverage for $600,000 in cryptocurrency stolen by hackers, saying in a complaint removed to Seattle federal court on Thursday that the tokens should be classified as personal property, not money, which has a $250 loss limit on the pair's homeowners' policy.

  • January 02, 2025

    DOJ Joins FTC Suit Against Fintech Lender Dave

    The U.S. Department of Justice has taken the reins in the Federal Trade Commission's suit against fintech app Dave and added its CEO as a defendant, while the mobile banking platform decried the updated complaint as "a continued example of government overreach."

  • January 02, 2025

    Tesla Investors Appeal Chancery Rulings In Musk Pay Suit

    Three Florida-based Tesla Inc. stockholders have moved ahead with Delaware Supreme Court appeals aimed at Court of Chancery decisions that short-circuited the electric car company's 10-year, $56 billion compensation plan for Elon Musk and granted a $345 million cash award for class attorneys who won the decision.

  • January 02, 2025

    Celsius To Challenge $445M Claim Denial In FTX Bankruptcy

    Celsius Network's post-Chapter 11 plan counsel filed an appeal on Thursday of a Delaware bankruptcy judge's denial of the cryptocurrency network's amended $444.6 million claim against fellow bankrupt crypto platform FTX.

  • January 02, 2025

    Crypto Groups Challenge Decentralized Finance Broker Rule

    Three cryptocurrency industry groups have teamed up to challenge a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers, telling a Texas federal court that the rule is unconstitutional and could destroy the industry.

  • January 02, 2025

    Republicans Want Yellen To Answer For Chinese Cyberattack

    Congressional Republicans want U.S. Treasury Secretary Janet Yellen to explain how a Chinese state-sponsored entity hacked into Treasury's computer systems and accessed potentially sensitive information.

  • January 02, 2025

    Crypto Scam Victim Says Fraudsters' Banks Ignore Red Flags

    A California man who says he lost nearly a million dollars to a crypto "pig butchering" scam sued the alleged fraudsters and their banking partners, claiming the financial institutions ignored red flags and failed to conduct basic checks that would have revealed the scammers' actual business.

  • January 02, 2025

    Terraform Founder Arraigned In NY, Denies $40B Crypto Fraud

    Terraform Labs creator Do Kwon appeared Thursday before a Manhattan federal judge to deny charges that he orchestrated a $40 billion fraud on customers and investors who backed the cryptocurrency platform based on promises that it had real-world viability.

  • January 01, 2025

    How Wall Street Regulators May Adapt To Trump's Return

    The incoming presidency of Donald Trump is likely to upend some Biden-era policies at the U.S. Securities and Exchange Commission, leaving proposed rules on climate and artificial intelligence in the lurch while its sister agency, the U.S. Commodity Futures Trading Commission, could be given more authority over the cryptocurrency industry.

  • January 01, 2025

    5 Big Questions For White Collar Enforcement In 2025

    White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.

  • January 01, 2025

    What Banking Attorneys Are Watching In The Courts In 2025

    Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap. 

  • January 01, 2025

    'Profound Shift' Forecast For Crypto Enforcement In 2025

    The crypto industry is heading into 2025 with hopes that new leadership at federal agencies under President-elect Donald Trump will ease off an enforcement agenda that has pressed issues of where regulatory authority lies and return to a focus on fraud, while federal appeals courts have a chance to establish keystone rulings for the sector.

  • January 01, 2025

    Crypto Heads Into 2025 Hoping Regulatory Clouds Will Clear

    The digital asset industry may be on the verge of a political and regulatory landscape it has long sought as a crypto-friendly executive branch and Congress take their seats in the new year and potentially work to create favorable guardrails for crypto markets and stablecoins.

  • January 01, 2025

    On Tap In NY: Diddy, Trump And A New Manhattan Top Cop

    The coming year's main event in New York courts is an expected sex-trafficking trial for hip-hop icon Sean "Diddy" Combs, while the political reascendancy of Donald Trump will echo in halls of the judiciary as the president-elect litigates to quash his own conviction.

  • January 01, 2025

    3 Areas Where SEC Enforcement May Change Under Trump

    The leadership of the U.S. Securities and Exchange Commission is slated to change hands in three weeks when President-elect Donald Trump is inaugurated, and attorneys believe that a Republican-led SEC is likely to bring with it a downturn in crypto- and climate-related cases as well as a potential end to recordkeeping sweeps.

  • January 01, 2025

    5 Banking Regulation Issues To Watch In 2025

    The year ahead is poised to be an inflection point for banking regulation as the arrival of the second Trump administration sets the stage for further easing of plans for new capital rules, greater receptiveness to mergers, new fair access debates and more.

  • January 01, 2025

    Trump 2.0 Signals Shift Toward Capital Markets Deregulation

    The arrival of a second Trump administration promising a business-friendly agenda, along with Republican majorities governing Congress and the U.S. Securities and Exchange Commission, signals a decisive shift toward deregulation that observers expect will broadly impact capital markets in 2025 and beyond.

  • January 01, 2025

    Trademark Cases To Watch In 2025

    Justices will decide whether it's appropriate to have corporate affiliates of a trademark defendant pay $47 million in damages, and appellate courts are expected to grapple with how to apply the U.S. Supreme Court's 2023 opinion in Jack Daniel's fight over a chewy dog toy. Here are Law360's picks for trademark cases to watch in 2025.

  • January 01, 2025

    IPO Outlook Brightens As More Companies Eye 2025 Listings

    Capital markets attorneys are preparing to advise more companies toward initial public offerings in 2025, given evidence that a rising number of candidates are joining the pipeline in expectation of a long-awaited resurgence in new listings. ​​Here, Law360 looks at what deals attorneys and market participants expect.

  • January 01, 2025

    Patent Cases To Watch In 2025

    The Federal Circuit has taken on a rare en banc patent case looking at damages, while the U.S. Supreme Court has been asked to review when foreign damages can be incorporated into patent awards. Here's what you need to know about these cases and others that attorneys are keeping an eye on in 2025.

  • December 23, 2024

    CFPB Says Walmart, Fintech Misled Drivers On Wage Access

    The Consumer Financial Protection Bureau on Monday sued Walmart and fintech company Branch Messenger for allegedly forcing delivery drivers to use costly deposit accounts to receive their wages and deceiving them about how to access their earnings.

  • December 20, 2024

    Banks, Not Credit Cos., Can Duck New Ill. Fee Law For Now

    An Illinois federal judge ruled Friday that credit card companies like Visa and Mastercard must comply with Illinois' landmark law restricting certain credit card fees; however, she also held that national banks and federal savings associations aren't subject to the law, at least for now.

  • December 20, 2024

    SEC's Dealer Rule Loss Is A Lesson To Regulators, Atty Says

    A Sullivan & Cromwell LLP attorney who successfully litigated a crypto industry challenge to vacate a U.S. Securities and Exchange Commission rule expanding the definition of dealer said the Texas federal judge's decision is another block in the recent chain of court decisions warning federal agencies to refrain from stretching old statutory terms to reach new contexts that aren't clearly within their authority.

Expert Analysis

  • What Trump's 2nd Presidency Could Mean For Crypto Sector

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    Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Call For Input Shows How Banks, Fintechs Can Address Risks

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    A recent request for information by federal banking regulators suggests that watchdogs are zeroing in on the bank-fintech partnerships they have long perceived as risky to consumers, but analyzing the publication can help companies anticipate regulators’ chief concerns and take steps to avoid becoming enforcement targets, say attorneys at K&L Gates.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • How New OCC Priorities Will Affect Bank Compliance

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    With the Office of the Comptroller of the Currency recently releasing a new bank supervision plan for fiscal year 2025, all banks, not only those primarily supervised by the OCC, should consider how compliance with its guidelines creates opportunities and challenges, says Andrew Karp at Cadwalader.

  • SEC Rulemaking Radar: The View From Election Day

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    The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.

  • What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams

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    The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • A Look At Grewal's Record-Breaking Legacy After SEC Exit

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    Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Takeaways From The IRS' Crypto Doc Summons Win

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    A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

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