Fintech

  • November 07, 2024

    BCLP Adds Former AUSA, FINRA Lawyer In San Francisco

    Bryan Cave Leighton Paisner LLP on Thursday announced that a former assistant U.S. attorney and in-house lawyer at the Financial Industry Regulatory Authority joined the firm's San Francisco office as a partner.

  • November 07, 2024

    Investors Want Final Approval Of $3.6M Global Payments Deal

    Investors asked a Georgia federal judge on Wednesday to give final approval to a $3.6 million deal settling their class action alleging a subsidiary of Atlanta-based Global Payments Inc. "tricked" consumers into signing up for a program that had undisclosed fees.

  • November 06, 2024

    Trump's SEC Expected To See 'Dramatic' Enforcement Change

    Former President Donald Trump's reelection means a notable shift in the types of cases the U.S. Securities and Exchange Commission is expected to bring, attorneys said Wednesday at a Washington, D.C., conference, while the agency's current top enforcer vowed business as usual for now as it carries on with its well over 1,500 investigations.

  • November 06, 2024

    FTX Exec Looks To Avoid Prison For 'Smallest Share' Of Crime

    Former FTX technology chief Zixiao "Gary" Wang on Wednesday asked a Manhattan federal judge not to give him prison time for his part in the $11.2 billion fraud case, calling himself "the one who stands convicted of the smallest share of misconduct" among former CEO Sam Bankman-Fried's lieutenants.

  • November 06, 2024

    LGBcoin Trustee Can't Get SEC Subpoena Stayed Amid Appeal

    A hedge fund manager associated with the political-meme-inspired digital asset LGBcoin can't get an administrative subpoena from the U.S. Securities and Exchange Commission stayed while he seeks an appeal, a Miami federal judge has decided.

  • November 06, 2024

    Trump's Win Likely To Spur Deals For Capital Markets Attys

    Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.

  • November 06, 2024

    SEC Moves To Ax Key Defenses In Kraken Crypto Fraud Row

    The U.S. Securities and Exchange Commission has urged a California federal court to ax three of crypto exchange Kraken's defenses in a case alleging it violated securities laws by offering crypto assets without proper registration, arguing that the court has already rejected Kraken's claims that the agency lacks authority to bring the case and that existing law is too vague.

  • November 06, 2024

    Fed. Circ. Panel Irked By Confusion In Check Patent Case

    An irritated Federal Circuit panel criticized attorneys for the United Services Automobile Association and PNC Bank on Wednesday for a lack of clarity on which issues reached a final judgment in their nine-figure patent dispute, with one judge telling them, "You both should be embarrassed."

  • November 06, 2024

    Stifel Balks At CFTC Offer To Settle Text Messaging Case

    Stifel said Wednesday that it has rejected an offer to settle U.S. Commodity Futures Trading Commission claims tied to off-channel communications use, the latest in an industry sweep that previously saw the boutique investment bank settle with the U.S. Securities and Exchange Commission for $35 million.

  • November 06, 2024

    10th Circ. Backs Asset Freeze In Forex Exec's Latest Bid

    A foreign exchange asset manager lost his bid to overturn a lower court's decision that froze his assets and ordered him to pay $510,000 in legal bills in a dispute with the U.S. Securities and Exchange Commission, with a panel of the 10th Circuit finding it does not have jurisdiction to reverse the ruling.

  • November 06, 2024

    Coinbase, CFTC Reach Discovery Agreement For SEC Case

    Coinbase said it has reached an agreement with the U.S. Commodity Futures Trading Commission on certain search terms that it believes satisfies its discovery needs in its ongoing securities enforcement case, resolving an earlier motion to compel the futures regulator to provide certain communications with crypto firms.

  • November 05, 2024

    What Trump's Return Means For Bank Regulation: 5 Questions

    With former President Donald Trump now projected to return to the White House, financial services attorneys are predicting the banking industry will see a sharp rightward turn at the Consumer Financial Protection Bureau and a much softer touch elsewhere in the federal regulatory arena.

  • November 05, 2024

    Trump's Win Expected To Pare Back Gensler's SEC Agenda

    The reelection of President Donald Trump will bring with it many big changes to the U.S. Securities and Exchange Commission, including a new chair who could set a more crypto- and business-friendly policy that would translate into a downtick in rulemaking and enforcement cases in comparison to outgoing President Joe Biden.

  • November 05, 2024

    Trump Has Official Immunity. What About His Aides?

    Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.

  • November 05, 2024

    How Trump Can Quash His Criminal Cases

    Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    The Firms With An Inside Track To A New Trump Admin

    Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.

  • November 05, 2024

    FTC Says Dave Mobile Banking App Deceives Customers

    The Federal Trade Commission on Tuesday accused mobile banking app Dave of misleading customers about the actual amount of cash advance they're likely to receive while also charging them undisclosed fees, including "tips" via a guilt-inducing interface, according to a complaint filed in California federal court.

  • November 05, 2024

    FTX Says Convicted Former Exec Must Cough Up $99M

    The bankruptcy estate of cryptocurrency exchange FTX has asked a Delaware federal bankruptcy court to order former executive Ryan Salame to relinquish $98.8 million in assets, according to an avoidance action filed Monday.

  • November 05, 2024

    CFPB Gets Good Grade On Info Security, But Gaps Remain

    The inspector general for the Consumer Financial Protection Bureau has given the agency a generally clean bill of health on its information security while flagging several weak points for improvement, including finding that it lacks a specific plan for handling a ransomware attack scenario.

  • November 05, 2024

    Ex-Money Transfer Co.'s Del. Suit Says Fintech Fraud Sank Biz

    Sidelined money transfer venture Zelf Inc. has sued fintech Solid Financial Technologies Inc. in Delaware's Superior Court, accusing Solid of fraudulently representing that it could support anonymous banking and cryptocurrency services based only on a customer's name, email and phone number.

  • November 05, 2024

    Binance Says New SEC Complaint Suffers Same Old Flaws

    Cryptocurrency exchange Binance told a Washington, D.C., federal judge the U.S. Securities and Exchange Commission can't continue to argue that secondary sales of digital assets are securities transactions in its enforcement suit against the trading platform after the regulator acquiesced that the tokens themselves aren't investment contracts.

  • November 05, 2024

    Nixon Peabody Taps Leader For New Fintech Group

    A former mechanical engineering researcher who for years worked as a research assistant for his alma mater, Yale University, is moving his intellectual property and financial services practice from Duane Morris LLP to lead a recently launched Nixon Peabody LLP group, the firm announced Monday.

  • November 05, 2024

    Emerging Cos. Pro With SEC Background Returns To Latham

    Latham & Watkins LLP is expanding its West Coast team, welcoming back an emerging companies expert who was a founding partner at Ketsal PLLC and worked for the U.S. Securities and Exchange Commission, and is now joining Latham as a partner in its San Francisco Bay Area offices.

Expert Analysis

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Synapse Bankruptcy Has Ripple Effects For Fintech Industry

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    Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.

  • Opinion

    Discount Window Reform Needed To Curb Modern Bank Runs

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    We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.

  • Series

    In The CFPB Playbook: Making Good On Bold Promises

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    The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FBI Raid Signals Growing Criminal Enforcement Of Algorithms

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    The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.

  • Best Text Practices In Light Of Terraform's $4.5B Fraud Deal

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    Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • CFPB's New Registration Rule Will Intensify Nonbank Scrutiny

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    The Consumer Financial Protection Bureau's recently finalized nonbank registration rule aimed at cracking down on repeat offenders poses significant compliance challenges and enforcement risks for nonbank financial firms, and may be particularly onerous for smaller firms, say Ketan Bhirud and Emily Yu at Cozen O'Connor.

  • Dapper Settlement Offers Rules Of The Road For NFT Issuers

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    The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.

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