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Fintech
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January 22, 2025
Bankruptcy Judge Greenlights Suit Against Celsius Founder
A New York bankruptcy judge has ruled a suit alleging Celsius Network founder and former CEO Alex Mashinsky caused the now-bankrupt cryptocurrency lender billions in damages can go forward in the wake of Mashinky's guilty plea to federal fraud charges.
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January 22, 2025
Husch Blackwell Adds To Growing Consumer Financial Bench
Husch Blackwell LLP has hired a former Alston & Bird LLP consumer financial attorney who represents auto finance and financial technology companies in regulatory, compliance and enforcement matters before a range of federal agencies, the firm announced Tuesday.
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January 22, 2025
White House Shutters DEI Offices, Puts Workers On Leave
The U.S. Office of Personnel Management told federal agencies to close offices focused on diversity, equity and inclusion initiatives by Wednesday evening and lay off staffers by Jan. 31, part of President Donald Trump's larger efforts to combat workplace diversity programs.
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January 21, 2025
Trump Pardons Silk Road's 'Dread Pirate' Ross Ulbricht
President Donald Trump announced Tuesday that he granted an unconditional pardon to Ross Ulbricht, the mastermind behind the cryptocurrency-fueled online drug bazaar Silk Road, in return for the political support he received from the crypto and libertarian realms.
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January 21, 2025
10th Circ. Looks For Limits In Custodia's Master Account Suit
The Federal Reserve Bank of Kansas City on Tuesday told a Tenth Circuit panel that the crypto-focused Custodia Bank is not entitled to a so-called master account that it has sued the Federal Reserve to get, while acknowledging that the Fed's own discretion to deny such an account has its limits.
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January 21, 2025
Citi Can't Escape NYAG's Wire Fraud Protection Suit
A Manhattan federal judge on Tuesday declined to free Citibank NA from a lawsuit filed by New York's attorney general, who accuses the bank of failing to protect and reimburse customers who have lost money to online wire fraud.
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January 21, 2025
SEC Says 'Hotspot' Crypto Miners Broke Registration Laws
Technology company Nova Labs Inc. faces U.S. Securities and Exchange Commission allegations that it attempted an "end-run" around federal securities laws with its unregistered sale of investment contracts in the form of its "hotspot" crypto asset mining devices.
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January 21, 2025
Coinbase Asks 2nd Circ. To Settle Crypto Securities Question
Coinbase has urged the Second Circuit to settle how securities laws apply to its crypto transactions, saying "there is no more pressing issue in securities law today" than determining the U.S. Securities and Exchange Commission's ability to regulate digital assets.
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January 21, 2025
Block Hit With Shareholder Suit Over Cash App AML Protocols
Jack Dorsey's fintech company Block Inc. touted its anti-money laundering protocols designed to prevent criminals from using Cash App and Square for illicit purposes, but in reality, the company's lack of even basic protocols created a "haven for criminal and illicit activities," a California federal lawsuit alleges.
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January 21, 2025
Asset Type Immaterial To Crypto Fraud Claims, SEC Says
The U.S. Securities and Exchange Commission has argued that digital assets referenced in its fraud case in Texas against the principals of a purported cryptocurrency mining operation are "immaterial to the economic reality" of the allegedly fraudulent securities transactions at the heart of its action.
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January 21, 2025
Trump Names Interim Top Prosecutors In Manhattan, Brooklyn
President Donald Trump named two high-ranking prosecutors to be interim U.S. attorneys in the Southern and Eastern districts of New York while his long-term picks for the posts await Senate confirmation, spokespeople for the offices confirmed Tuesday.
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January 21, 2025
Crypto Firm To Plead Guilty In Market Manipulation Case
A financial services firm based in the United Arab Emirates has agreed to plead guilty to a fraudulent "wash trading" scheme and will stop working in the U.S. cryptocurrency industry as part of a deal announced Tuesday by Boston federal prosecutors.
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January 21, 2025
Payment Co. Says Okla. Tribe Lacks Jurisdiction In Fraud Suit
Two owners of a payment processor have asked an Oklahoma federal judge to toss a Native American tribal entity's lawsuit claiming they defrauded it out of $1.5 million, arguing that it isn't a citizen for the purposes of diversity jurisdiction under Tenth Circuit precedent.
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January 21, 2025
DOJ Fights Visa's Bid To Duck Monopoly Case
The U.S. Department of Justice urged a New York federal court not to toss its case accusing Visa of illegally maintaining a monopoly over debit card networks, saying the company's dismissal bid misconstrues the law and wrongly tries to expand the market at issue.
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January 21, 2025
New SEC Task Force Eyes 'Sensible' Crypto Regulations
A day after being appointed acting chairman of the U.S. Securities and Exchange Commission, Mark T. Uyeda on Tuesday launched a cryptocurrency task force to develop "a comprehensive and clear regulatory framework" for such assets.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
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January 17, 2025
FDIC Missed Some Crypto 'Pause' Letters, Coinbase Ally Says
The research consultancy suing the Federal Deposit Insurance Corp. on behalf of Coinbase for documents on the regulator's internal views on crypto said Friday that it intends to update its complaint with new allegations that the FDIC did not conduct a thorough search and may be engaging in unlawful practices, based on purported whistleblower reports.
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January 17, 2025
DC Circ. Unsure On Restoring CFTC's Election Betting Ban
The D.C. Circuit seemed hesitant Friday to reimpose a ban that the U.S. Commodity Futures Trading Commission had placed on gambling over the fate of U.S. elections, as the judges spent over an hour trying to parse what Congress meant when it said that gaming on derivatives platforms was prohibited.
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January 17, 2025
Video Game Maker To Pay $20M For Child Privacy Violations
The maker of the video game "Genshin Impact" has agreed to pay $20 million and block children under 16 from making in-game purchases without parental permission to resolve the Federal Trade Commission's claims that the company misled children and other users about the actual costs of purchases and illegally collected children's personal information.
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January 17, 2025
Crypto Coder Sues Feds To Block 'Money Transmitter' Label
Crypto policy think tank Coin Center is supporting one of its fellows in suing the federal government over its allegedly "mistaken view" of how criminal money transmission statutes apply to crypto software.
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January 17, 2025
LA Crypto 'Godfather' Admits To $36M Meta Hacking Fraud
A Los Angeles-based cryptocurrency founder who called himself "The Godfather" will plead guilty to earning $36 million through the sale of hacked Meta Platforms advertising accounts and evading taxes on the fraudulent profits, according to federal court documents unsealed Friday,
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January 17, 2025
SEC Fines Crypto Giant DCG, Ex-Genesis CEO $38.5M
Crypto venture capital firm Digital Currency Group and the ex-CEO of its bankrupt lending subsidiary Genesis Global Capital LLC agreed to a combined $38.5 million civil penalty Friday to settle claims they misled investors about Genesis' financial condition ahead of its collapse.
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January 17, 2025
FDIC Sues Ex-SVB Top Brass For 'Egregious Mismanagement'
The Federal Deposit Insurance Corp. has sued Silicon Valley Bank's former CEO Gregory Becker and other top brass in California federal court in a bid to put them on the hook for the bank's costly 2023 failure, accusing them of "egregious mismanagement."
Expert Analysis
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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2024 Regulatory Developments For Bank-Fintech Partnerships
Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Why Asset-Based Loans May Suit PE Companies In 2025
As the prospect of higher tariffs and interest rates expands the need for liquidity, private equity investors would do well to explore the timing and provisions of asset-based loans offered in the burgeoning credit-fund sector, say attorneys at McDermott.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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What To Know About FinCEN's Deepfake Warning
A recent alert from the Financial Crimes Enforcement Network warns about the increased use of deepfake media to target financial institutions and their customers, showing that what seems like futuristic technology is a current threat that requires diligent controls and awareness of red flags, say attorneys at Davis Wright.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.