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December 04, 2024
Rep. Hill Vows To Tackle Crypto 'De-Banking' In Next Congress
Lawmakers on both sides of the aisle plan to investigate alleged government efforts to cut off cryptocurrency businesses from the traditional banking system, Rep. French Hill, R-Ark., said Wednesday during a House Financial Services Committee hearing that also saw its retiring chair feted with a celebration of bow ties.
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December 04, 2024
Google's Ex-Litigation Head Joins AI Co. Turing As Its 1st CLO
Artificial intelligence technology company Turing Enterprises Inc. announced Wednesday that it had brought on Catherine Lacavera, a former vice president of legal at Google, to serve as its first-ever chief legal officer.
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December 04, 2024
Acima Can't 'Outrace' CFPB To Texas Court, Utah Judge Says
A Utah federal judge has smacked down a bid by Rent-A-Center affiliate Acima to move its fight against a Consumer Financial Protection Bureau lawsuit to Texas, where the lease-to-own fintech filed a slightly earlier, preemptive challenge to the agency's jurisdiction that remains pending.
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December 04, 2024
GAO Finds Limited Oversight, Data On Crypto In 401(k)s
Though crypto assets make up a small part of the 401(k) market, their limited federal oversight might leave workers responsible for monitoring the volatile investment options, according to a report released Wednesday by the U.S. Government Accountability Office.
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December 04, 2024
CFTC Hits $17.1B Enforcement Record With FTX-Linked Deals
The Commodity Futures Trading Commission secured a record annual enforcement haul of more than $17.1 billion in fiscal year 2024, including a historic $12.7 billion judgment against failed crypto exchange FTX and its affiliated trading firm Alameda Research, the agency announced Wednesday.
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December 04, 2024
SEC Taps New Co-Leaders For Crypto Enforcement Unit
The U.S. Securities and Exchange Commission has promoted the assistant director of its crypto and cyber enforcement unit and a counsel to an outgoing Democratic commissioner to co-lead the regulator's crypto enforcement efforts ahead of a coming administration shake-up that could change the agency's approach to the digital asset industry.
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December 04, 2024
Block's Tax Refund Should Be Voided, Atlanta Tells Ga. Court
A Georgia trial court erred when it found that Block, the financial services and mobile payments company, was due a $330,000 occupation tax refund from the city of Atlanta, a lawyer for the city told an appellate panel Wednesday.
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December 04, 2024
'Patriotic' Marketplace PublicSquare Raises $36M Stock Sale
The money-losing owner of self-described patriotic marketplace PublicSquare bolstered its balance sheet Wednesday through a $36 million registered direct offering guided by two law firms, one day after it named Donald Trump Jr. to its board of directors.
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December 04, 2024
Crypto Groups Hail Trump's SEC Pick Paul Atkins
President-elect Donald Trump on Wednesday said he will nominate former U.S. Securities and Exchange Commission member Paul Atkins to lead the agency next year, a decision that cryptocurrency advocates praised as opening a path for greater acceptance of an industry that has faced a slew of lawsuits under the current SEC.
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December 03, 2024
Top Ex-SEC Officials Warn Of Enforcement Upheaval
Former top U.S. Securities and Exchange Commission officials on Tuesday predicted a sea change in the agency's enforcement approach in the coming second administration of President-elect Donald Trump, with a lighter touch for corporate wrongdoers and a whole new ballgame with respect to cryptocurrency.
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December 03, 2024
Crypto Co. Hut 8 Wants Out Of Merger Disclosure Investor Suit
Crypto mining company Hut 8 moved to dismiss a proposed shareholder class action that is based on the claims of a short-seller's report that Hut 8 overpaid for a company with severe operational issues, saying the suit does not show the alleged misrepresentations were false or misleading when made or that investors were actually harmed.
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December 03, 2024
Customers Bancorp Hid AML Shortcomings, Investor Suit Says
Bank holding company Customers Bancorp Inc. faces a shareholder suit in Pennsylvania federal court alleging it failed to disclose shortcomings in its anti-money laundering compliance, causing shares to decline when the Federal Reserve and state banking authorities brought enforcement actions tied to the lender's work with crypto firms.
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December 03, 2024
Coinbase Says It Won't Use Firms That Hire Crypto Enforcers
Cryptocurrency exchange Coinbase made clear that it won't work with law firms that employ former U.S. Securities and Exchange Commission attorneys who led the charge on crypto enforcement suits, singling out Milbank LLP for its hiring of ex-SEC enforcement director Gurbir Grewal.
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December 03, 2024
Ex-Lender Agrees To $1M FDIC Order After Enforcement Battle
A retired small business financier has agreed to pay $1 million in restitution to end administrative Federal Deposit Insurance Corp. allegations of a fraudulent bridge loan scheme, with the agreement coming after his most recent constitutional challenges to the agency's structure fell flat in October.
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December 03, 2024
Judge Denies News Orgs. Bid To Unseal FTX Customer Names
A Delaware federal judge on Tuesday said he wouldn't reverse an order allowing defunct crypto platform FTX Trading Ltd. to keep customer names out of public bankruptcy filings, rejecting an appeal from major news outlets to unseal the information and writing that sealing the information preserved FTX's assets and protected creditors from cybercrime.
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December 03, 2024
Ex-Va. Solicitor General To Co-Lead Steptoe Appellate Group
Steptoe LLP has brought on as co-leader of the appellate practice a former solicitor general of Virginia whose past government work included being special counsel to the committee investigating the Jan. 6, 2021, attack on the Capitol, the firm said Tuesday.
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December 03, 2024
'Bitcoin Jesus' Calls $48M Tax Dodging Case Unconstitutional
An early Bitcoin investor known as Bitcoin Jesus asked a California federal judge Tuesday to dismiss charges that he dodged approximately $48 million in taxes by filing false tax returns and concealing how much cryptocurrency he owned, arguing that the charges are unconstitutional.
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December 03, 2024
Celsius Founder Cops To Fraud That Sunk $25B Crypto Lender
Celsius Network founder Alex Mashinsky told a Manhattan federal judge Tuesday that he lied when he told the public that the fallen $25 billion crypto lender's tokens were a safe investment, pleading guilty to fraud charges ahead of a January criminal trial.
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December 03, 2024
NJ Law Firm Fights Depo Sanctions In Crypto Scam Suit
New Jersey-based McCarthy & Soriero LLC has pushed back against a woman's contention in federal court that the firm "stonewalled" her efforts to depose its client in a lawsuit accusing him and his business of failing to prevent a roughly $200,000 cryptocurrency fraud, saying the client has been experiencing serious health issues.
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December 03, 2024
CFPB Pitches Plan For Tighter Regulation Of Data Brokers
In a late push before the Biden administration's end, the Consumer Financial Protection Bureau moved Tuesday to clamp down on the so-called data broker industry with a new draft rule that pivots off existing credit reporting protections for consumers.
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December 02, 2024
Metropolitan Commercial Bank Aided Voyager Fraud, Suit Says
Voyager Digital's former bank, Metropolitan Commercial Bank, has been hit with a 53-count complaint in New York federal court alleging it was complicit in bad behavior by the now-defunct crypto lender and should be on the hook for repaying platform users.
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December 02, 2024
SEC Crypto Cases To Face Review Under Trump
President-elect Donald Trump's promises of a friendlier approach to the digital asset industry means a review is coming for the U.S. Securities and Exchange Commission's controversial crypto suits, but experts agreed that this doesn't mean enforcement actions in the space will grind to a halt.
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December 02, 2024
Bipartisan Bill Calls For AI Studies From Financial Regulators
Leaders of the U.S. House Financial Services Committee want to codify their commitment to regulating and cultivating the use of artificial intelligence in the financial services industry with legislation introduced Monday that directs financial and housing regulators to produce reports on the use of AI in their respective sectors.
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December 02, 2024
Bank, Payment Processor Look To Sink Chargeback Fee Suit
Esquire Bank NA and a payment processor it sponsors have asked a New York federal judge to toss all but one of an online merchant's proposed class action claims over a fee provision in their contract, arguing as a mediation date looms that most of the merchant's claims are either duplicative or inapplicable.
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December 02, 2024
SEC Taps Former Crypto Chief To Head Litigation Efforts
The former acting chief of the U.S. Securities and Exchange Commission unit in charge of overseeing cybersecurity and cryptocurrency-related cases has been promoted to chief litigation counsel, expanding his oversight authority even as a more crypto-friendly administration is slated to enter the Oval Office in January.
Expert Analysis
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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4 Takeaways From The FDIC's Proposed Recordkeeping Rule
The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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What The SEC Liquidity Risk Management Amendments Entail
Fund managers should be cognizant of the U.S. Security and Exchange Commission's recent changes to certain reporting requirements and guidance related to open-end fund liquidity risk management programs, and update their filing systems if need be, says Rachael Schwartz at Sullivan & Worcester.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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What To Know About CFPB Stance On Confidentiality Terms
A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.