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Featured
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.
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February 11, 2025
SEC Stays Binance Case Amid Other Crypto Case Extensions
The U.S. Securities and Exchange Commission and crypto exchange Binance have asked a Washington, D.C., federal judge overseeing their enforcement suit to pause the case for two months as the agency pivots its approach to digital assets, adding to the list of extensions in some of the agency's other crypto cases.
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February 11, 2025
Botkin Chiarello Adds Litigator From Cleveland Krist
Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.
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February 11, 2025
Fintech Group Of The Year: Quinn Emanuel
Quinn Emanuel Urquhart & Sullivan LLP played a role in multiple industry-defining cryptocurrency matters — counseling former Binance CEO Changpeng Zhao to a historic resolution with government authorities and acting as both an investigator and litigator in the ongoing FTX bankruptcy process — to earn the firm a spot among the 2024 Law360 Fintech Groups of the Year.
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February 11, 2025
CFPB's Top Supervisor, Enforcer Call It Quits Amid Closure
The Consumer Financial Protection Bureau's top supervision and enforcement officials resigned Tuesday, citing the Trump administration's broad suspension of key financial industry oversight activities at the agency.
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February 11, 2025
Republican-Led SEC Pauses Climate Regulation Litigation
The U.S. Securities and Exchange Commission signaled Tuesday that it may not move forward with a Biden-era regulation requiring public companies to disclose their greenhouse gas emissions, asking the court overseeing litigation against the climate reporting rules not to schedule the case for oral argument.
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February 10, 2025
FTX Having Trouble Serving Binance With Ch. 11 Lawsuit
The estate of fallen cryptocurrency exchange FTX told a Delaware bankruptcy judge late Friday that its attorneys haven't yet been able to serve Binance and its former CEO Changpeng Zhao a lawsuit seeking to recover nearly $1.8 billion that FTX is accused of illegally transferring prior to its collapse two years ago.
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February 10, 2025
Merrill Lynch Objects To New Discovery Bid In Stock Loan Suit
Merrill Lynch told a New York federal court it should deny investors' request for supplemental transaction data in their suit alleging major banks colluded to avoid modernizing the stock loan market, arguing that the discovery period has closed, and there are no legitimate reasons to grant the "burdensome" request.
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February 10, 2025
Feds Nab Plea In Bitcoin-Boosting Hack Of SEC X Account
An Alabama man on Monday pled guilty to being involved with the hack of the U.S. Securities and Exchange Commission's X account last year, admitting to a single conspiracy charge and agreeing to forfeit $50,000 he made from the scheme that briefly bumped the price of bitcoin.
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February 10, 2025
FDIC's McKernan Exits Board As Republicans Max Out Seats
Republican Jonathan McKernan announced Monday that he'll vacate his seat on the Federal Deposit Insurance Corp.'s board, given the expiry of his term and the addition of a Trump appointee that brings the board to its maximum number of GOP-held seats.
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February 10, 2025
Grayscale Beats Bitcoin Rival's $2M Unfair Practices Suit
A Connecticut state court judge has handed digital asset management firm Grayscale Investments LLC a summary judgment win on a smaller rival's $2 million unfair trade practices suit over a bitcoin feud, finding that the relevant state law does not apply to the dispute.
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February 10, 2025
5th Circ. Urged To Reject Crypto Exec's Privacy Law Claim
The IRS complied with a financial privacy law to summon third-party bank records belonging to a cryptocurrency executive under investigation, the U.S. government told the Fifth Circuit on Monday in the businessman's appeal to overturn a lower court decision that rejected his bid to quash the summonses.
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February 10, 2025
Goldstein Rearrested After Feds Say He Hid Millions In Crypto
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein was arrested again Monday following his earlier release on criminal tax evasion charges, after prosecutors alleged that he secretly made millions of dollars worth of cryptocurrency transactions in recent days and was a serious risk to flee.
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February 10, 2025
'Stand Down': CFPB's Acting Chief Pulls Employees Off Job
The Trump administration's acting Consumer Financial Protection Bureau Director Russell Vought told agency staff on Monday to "stand down" from doing any work, the latest in a series of rapid-fire moves that are sidelining the agency and prompting employees to sue.
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February 09, 2025
CFPB Suspends Activity, Closes HQ As New Chief Arrives
The Trump administration escalated efforts over the weekend to power down the Consumer Financial Protection Bureau, canceling the agency's next funding draw, suspending its examination activity and ordering a closure of its main office.
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February 07, 2025
3 Firms Seek To Co-Lead Suits Over Banks' Synapse Ties
Attorneys from three firms are seeking to represent fintech customers in consolidated class claims in Colorado federal court against several banks over $85 million in funds that went missing after the failure of fintech-to-bank middleman company Synapse Financial.
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February 07, 2025
5th Circ. Pauses Suit Over CFPB's Small Biz Lending Rules
The Fifth Circuit on Friday paused a case challenging the Consumer Financial Protection Bureau's new small business minority data rule after the bureau's counsel was unable to argue its case following a directive ordering the agency to stop much of its work to "promote consistency with the goals of the administration."
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February 07, 2025
SPAC Market Hums Again Following Multiyear Downturn
Special purpose acquisition companies are once again asserting their presence in the capital markets and M&A landscape, forming new vehicles at the highest pace in three years — albeit in leaner form than in the last cycle, when many deals ended in busts.
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February 07, 2025
SafeMoon CEO Says Crypto Policy Shifts Warrant Trial Delay
The crypto executive behind the alleged SafeMoon fraud is fighting to delay his trial by a month in the hopes that a new approach to cryptocurrency by the Trump administration could ax the securities fraud charge from the counts against him.
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February 07, 2025
CFPB Will Mull Axing Google Payment Oversight Order
The Consumer Financial Protection Bureau has told a Washington, D.C., federal judge that its acting director will review and could rescind the agency's recent order subjecting Google's payment arm to supervision, securing a pause of the tech giant's lawsuit against the order.
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February 07, 2025
BofA, H&R Block, Others Are Sued Over Image Capture Patent
Several major banks and financial companies were hit with lawsuits in Texas federal court from CheckWizard over its image capture patent, citing the defendants' use of mobile check depositing technology.
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February 07, 2025
Coinbase Can't Yet Escape Class Claims Over Crypto Sales
Coinbase users can move forward with class claims that the cryptocurrency firm operated as an unregistered securities exchange after a New York federal judge ruled Friday that the Second Circuit prevented him from shuttering the case without first determining whether Coinbase was the seller of the tokens trading on its platform.
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February 07, 2025
CFPB's Medical Debt Rule Halted For 90 Days By Texas Judge
A Texas federal judge has issued a 90-day halt on an approaching effective day for a Consumer Financial Protection Bureau rule banning medical debt from credit reports, a day after the agency's new leadership said it needed time to consider the rule trade groups have sued to end.
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February 07, 2025
9th Circ. Backs Ex-Bank Auditor's $1.5M Retaliation Suit Win
The Ninth Circuit upheld a $1.5 million jury verdict in favor of a former bank auditor who claimed he was fired for flagging evidence of wrongdoing, finding evidence suggesting he was treated differently from other workers was enough to back up the jurors' decision.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Ex-Credit Union Regulator Tapped For Acting OCC Chief
The Trump administration on Friday tapped Rodney Hood, a former top federal credit union regulator, to lead the Office of the Comptroller of the Currency on an acting basis, replacing former President Joe Biden's principal national bank regulator Michael Hsu.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Collateralized Loan Obligations Post-Reform
The Financial Stability Board's recent report on global securitization reforms, analyzing resilience trends in the collateralized loan obligation market post-2008, suggests that, while risk retention rules have a limited impact on observable characteristics, other structural features play a significant role in ensuring risk alignment, says Kos Vavelidis at DLA Piper.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.