Fintech

  • December 12, 2024

    Wash. Man Gets 41 Months For Gamer-Duping Crypto Scam

    A Washington federal judge has sentenced a Spokane man to 41 months in prison for running a crypto scheme in which he allegedly induced victims he met online, including users of dating apps and "Call of Duty" players, and via hailed rides to sink over $350,000 into a phony crypto investment fund.

  • December 12, 2024

    FDIC Must Reconsider Redactions Of Crypto 'Pause' Letters

    A Washington, D.C., federal judge told the Federal Deposit Insurance Corporation on Thursday to "make more thoughtful redactions" of certain crypto-focused letters it handed over in response to a Freedom of Information Act lawsuit filed on behalf of crypto exchange Coinbase, since the regulator's heavy-handed first pass seemed to lack a "good-faith effort."

  • December 12, 2024

    Banks Sue As CFPB Rolls Out $5 Overdraft Fee Rule

    The Consumer Financial Protection Bureau said Thursday that it has adopted a general $5 fee cap for overdraft programs at larger banks and credit unions, finalizing it as part of a new rule that banking industry groups have rapidly mobilized to block with a lawsuit.

  • December 11, 2024

    5th Circ. Tosses SEC's OK Of Nasdaq's Board Diversity Rule

    A split Fifth Circuit ruled Wednesday that Nasdaq cannot implement U.S. Securities and Exchange Commission-approved rules requiring that companies listed on the exchange disclose board diversity data, finding that the stock exchange's rules run afoul of federal securities law.

  • December 11, 2024

    Big Tech, 'Censorship' Animate Trump FTC Picks

    President-elect Donald Trump's picks Tuesday to lead and join the Federal Trade Commission show he plans to continue Washington's focus on antitrust enforcement against major technology platforms, while also signaling a potential shift toward more populist Republican concerns alleging that Big Tech censors conservative voices.

  • December 11, 2024

    CFTC Wraps With Last Defendant In IcomTech Crypto Ponzi

    The U.S. Commodity Futures Trading Commission's litigation over the IcomTech cryptocurrency Ponzi scheme has come to a close now that a fifth defendant has been ordered to pay restitution for his role in the $3.5 million scheme.

  • December 11, 2024

    Nigerians Impersonated US Brokers For $3M Scam, Feds Say

    Three Nigerian nationals were charged on Wednesday with running a nearly $3 million internet investment fraud scheme in which they impersonated legitimate securities brokers and investment advisers, misappropriated the seal of the U.S. Securities and Exchange Commission and stole from at least 28 investors.

  • December 11, 2024

    Former SEC Unit Chief Joins Gibson Dunn In NY

    Gibson Dunn & Crutcher LLP said Monday that a veteran of more than 14 years at the U.S. Securities and Exchange Commission is joining its New York office.

  • December 11, 2024

    FTX Settles With Congressional PACs In Ch. 11

    FTX reached more than a dozen settlements in November with various political action committees, including deals with the Democratic-aligned Senate Majority PAC and the House Majority PAC worth $3 million and $6 million, respectively, the bankrupt crypto company told a New York bankruptcy court.

  • December 11, 2024

    CFPB's Chopra Won't Head For Exit Ahead Of Trump's Arrival

    Consumer Financial Protection Bureau Director Rohit Chopra signaled Wednesday that he won't leave his post early unless and until the incoming Trump administration fires him next month, indicating that he plans to keep running the agency in the meantime.

  • December 11, 2024

    Justices' Cold Feet On Nvidia, Meta Leaves Attys Guessing

    The U.S. Supreme Court threw out a second securities case on Wednesday by refusing to issue a ruling in a Nvidia Corp. case with no explanation on its change of heart, leaving the defense bar to guess at the court's motivation and its potential implication for the future of high court securities cases.

  • December 10, 2024

    Robinhood Seeks Arb. For Remaining Meme Stock MDL Suits

    Stock trading platform Robinhood urged a Florida federal court to send to arbitration the seven remaining individual suits brought against it as part of a multidistrict litigation over the platform's decision to freeze trading in certain so-called meme stocks amid a social-media fueled run on shares of those issuers.

  • December 10, 2024

    Pastor Targeted Churchgoers In $6M Crypto Fraud, CFTC Says

    The U.S. Commodity Futures Trading Commission announced Tuesday that it has sued a Washington state pastor in federal court for allegedly targeting Spanish-speaking individuals, including members of his congregation, with a cryptocurrency multilevel marketing scheme worth at least $5.9 million. 

  • December 10, 2024

    Trump Taps Ferguson As FTC Chief, Kressin Atty To GOP Seat

    President-elect Donald Trump named current Federal Trade Commission member Andrew N. Ferguson to be its next chair Tuesday night while also picking Kressin Meador Powers LLC partner Mark Meador, a former deputy chief counsel to Sen. Mike Lee, R-Utah, to round out the FTC as its third Republican member.

  • December 10, 2024

    Crypto Groups Rally Against Reappointing SEC's Crenshaw

    Cryptocurrency industry groups are pushing back on a potential second term for U.S. Securities and Exchange Commissioner Caroline Crenshaw with an online ad campaign and letters to lawmakers ahead of a Senate Banking Committee vote Wednesday on the Democrat's confirmation.

  • December 10, 2024

    Insurer Seeks Exit From Firm's Bid For $2.8M Hack Coverage

    A private equity firm's insurer told a Nebraska federal court it owed no coverage for what the firm said was a $2.83 million loss from a hack, maintaining the event didn't meet its policy's definitions of "loss" or claims and fell under a cyber theft exclusion.

  • December 10, 2024

    Kirkland, Davis Polk Drive Gen Digital's $1B MoneyLion Buy

    Cybersecurity software company Gen Digital Inc., led by Kirkland & Ellis LLP, has entered into a definitive agreement to acquire Davis Polk & Wardwell LLP-advised personal finance platform MoneyLion Inc. for about $1 billion, the companies said Tuesday.

  • December 09, 2024

    CFPB Eyes Credit Reporting Rule To Address 'Coerced Debt'

    The Consumer Financial Protection Bureau said Monday that it is looking into new credit reporting safeguards for consumers who have experienced domestic violence or other abuse, launching a rulemaking push that will carry into the next Trump administration.

  • December 09, 2024

    Blockchain Co. IP Fight With Investment Firm Teed Up For Trial

    A California federal judge has said a jury should decide whether the investment firm Franklin Templeton misappropriated trade secrets of Blockchain Innovation LLC and breached its fiduciary duty and contract with the firm when it shut down a digital asset startup that Blockchain later acquired.

  • December 09, 2024

    MIT Grads Say $25M Crypto Fraud Charges Not Rooted In Law

    The two Massachusetts Institute of Technology-educated brothers accused of a $25 million crypto heist have told a New York federal judge that the indictment against them is "far removed from the heartland of wire fraud" since their novel trades can't be considered misrepresentations and that they had no notice their activity would be considered unlawful.

  • December 09, 2024

    LendingTree Pushes FCC Again To Rework Lead Consent Rule

    Loan marketer LendingTree is making one more effort to persuade the Federal Communications Commission to trim the scope of its lead generation consent rule in hopes of seeing changes before the regulations take effect in January.

  • December 09, 2024

    CFPB Gets Final OK For $950K Student Lender Settlement

    A New York federal judge has granted final approval to a $950,000 settlement reached between the Consumer Financial Protection Bureau and an online private student lender and its venture capital backer over claims that they duped borrowers into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."

  • December 09, 2024

    SEC's Trading And Markets Director Zhu To Leave Agency

    Haoxiang Zhu is stepping down as head of the U.S. Securities and Exchange Commission's Division of Trading and Markets, the agency announced Monday, leaving the group that oversees orderliness of U.S. markets as leadership continues to change at regulatory bodies following President-elect Donald Trump's election victory.

  • December 09, 2024

    Feds Seek 2-Year Sentence In Landmark Crypto Tax Case

    The first person ever criminally charged for failing to report gains from the sale of cryptocurrency by filing false returns should be sentenced to more than two years in prison after he admitted underreporting $4 million in bitcoin proceeds, prosecutors told a Texas federal court.

  • December 06, 2024

    How Paul Atkins' Last SEC Term Might Shape Agency's Future

    President-elect Donald Trump's choice to lead the U.S. Securities and Exchange Commission next year is no stranger to the agency, and Paul Atkins' past speeches, statements and actions as a commissioner may offer a road map for how he would lead the agency in areas such as private funds, shareholder activism and multibillion-dollar enforcement sweeps.

Expert Analysis

  • Staying Off The CFPB's Financial Services Offender Registry

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    The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.

  • What FDIC Expansion Of Change In Bank Control Could Mean

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    A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Challenge To Ill. Card Fee Law Explores Compliance Hurdles

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    A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Breaking Down CFTC's Novel Theory Driving Uniswap Action

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    The U.S. Commodity Futures Trading Commission's recent enforcement action against Uniswap concerning digital asset liquidity appears to be a unilateral attempt to expand its regulatory authority in the absence of official congressional approval, putting forth a novel theory of liability that will likely be tested through litigation, say attorneys at Troutman Pepper.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Proposed Mortgage Assistance Rule: Tips For Servicers

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    The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

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    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

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