• November 27, 2023

    Chicken Cos. Urge Justices To Allow Judgment Sharing Deal

    Several poultry producers have told the U.S. Supreme Court there's no need for the justices to review provisions of their judgment sharing agreement related to a lawsuit accusing the companies of fixing the price of broiler chicken, arguing the deal is legally sound and may soon become moot anyway.

  • November 27, 2023

    SEC's High Court Opponent Is A Supreme Court Newcomer

    The U.S. Securities and Exchange Commission on Wednesday will battle for the future of its administrative court with the help of a seasoned high court litigator, while the agency's challenger is placing his hopes on a loyal attorney who has yet to argue a case before the justices.

  • November 27, 2023

    Amicus Groups Tell High Court To End Chevron Deference

    Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.

  • November 27, 2023

    Celsius Creditors Balk At $281K In Bidder's Ch. 11 Fees

    The official committee of unsecured creditors in the Chapter 11 case of cryptocurrency lending platform Celsius Network opposed the payment of $281,000 in fees requested by a bidder that lost an auction for the reorganized debtor's assets, saying the code doesn't cover such expenses from a debtor's estate.

  • November 27, 2023

    Did OCC Get Duped? Ex-Fintech Official's Resume Unravels

    The Office of the Comptroller of the Currency hired its first-ever chief financial technology officer earlier this year, touting him as a nearly 30-year financial sector veteran. But records obtained by Law360 indicate a fabricated professional background that suggests the agency may have been hoodwinked when hiring him.

  • November 27, 2023

    FTX Settles BlockFi Dispute Over $744M Crypto Sale

    Bankrupt cryptocurrency exchange FTX said it has settled lender BlockFi's objection to its proposed sale of $744 million in cryptocurrency held in Grayscale Investments trust funds, agreeing to explicitly reference liens the lender is asserting on the funds.

  • November 27, 2023

    Judge OKs Investor Attys' $19.2M Fee For Libor-Rigging Deals

    A New York federal judge on Monday approved a $19.2 million award for attorneys representing investors in a Libor-rigging case against several financial institutions for their role in securing multiple settlements totaling over $74 million.

  • November 27, 2023

    Ex-JPMorgan Traders Want CFTC Spoofing Case Kept On Ice

    A convicted pair of former JPMorgan Chase precious metals traders have asked an Illinois federal judge to continue a stay on a parallel Commodity Futures Trading Commission action against them, arguing that the CFTC is trying to rush judgments before appeals on their criminal convictions can be heard.

  • November 27, 2023

    Fla. Judge Delays Contempt Ruling Against Loan Co. Owner

    A Florida federal judge on Monday delayed a contempt ruling against the owner of a merchant loan business accused of fraud and denied her request to use funds to pay attorneys, saying he's not convinced there has been a change in circumstances to modify an order freezing her assets.

  • November 27, 2023

    Horizon Bank Says Investor Suit Omits Relevant Market Info

    Horizon Bancorp Inc. wants to dismiss a suit accusing it of artificially inflating its shares by making false and misleading representations about its financial controls, saying among other things the plaintiff omits key information about market conditions during the suit's relevant period, which overlaps with the collapse of Silicon Valley Bank.

  • August 10, 2023

    Investor Attys Want $19.2M For $74M Libor-Rigging Deals

    Attorneys representing California State Teachers Retirement System in the Libor-rigging case against several financial institutions asked a New York federal judge for a $19.2 million award for their role in securing several settlements totaling nearly $74 million.

  • November 27, 2023

    Trump Downplays NY Judge's Safety Risk After Threats

    Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.

  • November 27, 2023

    Binance Founder Can't Yet Return To UAE Amid Bail Dispute

    A Seattle federal judge has temporarily barred Changpeng Zhao, the founder of the embattled cryptocurrency exchange Binance, from returning to his home in the United Arab Emirates while the court considers bail conditions imposed by a magistrate judge.

  • November 27, 2023

    Split 2nd Circ. Partially Revives Nine West Buyout Fraud Suit

    A split Second Circuit panel revived some claims in a Chapter 11 suit brought by trustees of women's clothing retailer Nine West over more than $1 billion in allegedly fraudulent transfers, finding the U.S. Bankruptcy Code's safe harbor provision doesn't protect claims tied to $78 million in payroll transfers in the case.

  • November 27, 2023

    EU Withholding Measure Is Not On Agenda Of Dec. 8 Meeting

    A measure that would simplify the way withholding tax refunds are issued in European Union member countries while also helping national authorities detect fraud won't be discussed at a coming EU finance ministers meeting, a draft agenda showed.

  • November 27, 2023

    COVERAGE RECAP: Day 34 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 34:

  • November 24, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Glencore face a claim from collapsed hedge fund Eton Park in the wake of its bribery scandal, the ex-CFO of Peppa Pig and Teletubbies toymaker bring data protection proceedings against the employment barrister who represented him at tribunal, and Delta Airlines check in to fresh trademark proceedings against hotel chain Marriott. Here, Law360 looks at these and other new claims in the U.K.

  • November 22, 2023

    Big Names Sued Under Adult Survivors Act As Window Closes

    With the one-year lookback window for New York's Adult Survivors Act poised to close at midnight Thursday, New York state and federal courts saw a slew of new sexual assault lawsuits filed targeting high-profile defendants from the worlds of music, film, sports, politics, banking and law.

  • November 22, 2023

    BofA, JPMorgan, 9 Other Banks Face Data Security Patent Suits

    A data security firm has slapped JPMorgan Chase, Bank of America and nine others with separate patent actions in Texas federal court, claiming they ripped off its pioneering inventions that follow the "Sheltered Harbor" industry standards for banks to protect critical information and recover from cyberattacks.

  • November 22, 2023

    Binance Founder Poses 'Serious Risk Of Flight,' DOJ Says

    One day after Binance founder Changpeng Zhao pled guilty to failing to maintain an effective anti-money laundering program at the cryptocurrency exchange, prosecutors told a Seattle federal judge Wednesday that Zhao "poses a serious risk of flight" and should remain in the country ahead of his February sentencing.

  • November 22, 2023

    Class Counsel Gets Time To Grow Participation In Privacy Deal

    An Illinois federal judge has granted consumers additional time to increase the opt-in rate for a $10.1 million settlement that they reached with Instant Checkmate LLC and other background checking companies that they accuse of unlawfully publishing their personal information, highlighting a broader debate over the acceptable level of participation in such data privacy deals.

  • November 22, 2023

    Despite $4.3B Plea, SEC Proceedings Still Loom Over Binance

    The U.S. Department of Justice on Tuesday announced a historic $4.3 billion plea deal with the world's largest crypto platform, Binance Holdings Ltd., but the company still faces a hotly contested lawsuit brought by the U.S. Securities and Exchange Commission that raises questions about the platform's handling of its customers' assets.

  • November 22, 2023

    Credit Card Co. Can Register 'Follow The Leader', TTAB Rules

    The Trademark Trial and Appeal Board concluded that Black Card LLC can register "Follow the Leader" for various credit card services, saying in a precedential decision that an examining attorney was wrong to deny registration because it's a common phrase.

  • November 22, 2023

    Connecticut Bank Seeks $2.3M From Historic Mansion's Sale

    A Connecticut bank urged a state court to award it a $2.3 million share of a $3.05 million foreclosure sale of a historic mansion that operated as a boutique hotel.

  • November 22, 2023

    Trump's Posts Linked To Threats Against NY Judge, Clerk

    Social media posts by Donald Trump have led to an ongoing deluge of death threats and antisemitic slurs against a law clerk and the New York judge overseeing the ex-president's civil fraud trial, a court security official said Wednesday.

Expert Analysis

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Paths Forward For RE Buyers In Turbulent Market Conditions

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    Real estate borrowers are facing significant challenges in financing new acquisitions or developments amid escalating interest rates, but opportunistic debt funds may be able to help bridge through the present environment, say Jon Gallant and Jared Hodges at Knowles Gallant.

  • DOL's Retirement Security Rule Muddies Definitional Waters

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    The latest proposal changing how the Employee Retirement Income Security Act defines "investment advice," which the White House framed as a narrowly tailored regulation, would implement a sweeping regulatory overhaul that changes how the retirement services industry interacts with plans, participants and account owners, says Michael Kreps at Groom Law Group.

  • Why The Debt Maturity Wall Is Still A Figment, For Now

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    While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.

  • A Deep Dive Into FSOC's Expansion Of Nonbank Oversight

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    The Financial Stability Oversight Council's new nonbank guidance, designed to provide the council with added flexibility in risk response, not only modifies the process for designating nonbanks as systemically important institutions, but also sends a clear signal that the FSOC may assume a more active role in addressing financial stability risks across the economy, say attorneys at Simpson Thacher.

  • 9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal

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    The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Are CCOs Really In The SEC's Crosshairs?

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    U.S. Securities and Exchange Commission Enforcement Director Gurbir Grewal recently gave a speech to address the concerns of chief compliance officers in light of recent enforcement actions taken against them, but CCOs need to understand when to push back against management, quit, or report issues to the board or to regulators, say Brian Rubin and Adam Pollet at Eversheds Sutherland.

  • Total Stay Of CFPB Small Biz Data Rule Is Boon To Lenders

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    The Southern District of Texas’ nationwide halt of the Consumer Financial Protection Bureau’s Small Business Lending Rule would end if the CFPB wins a pending U.S. Supreme Court case, but the interim pause allows valuable extra time for financial institutions to plan their compliance strategies, say attorneys at Greenberg Traurig.

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