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Fintech
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May 19, 2025
Binance Argues All Class Members Must Arbitrate Claims
Crypto exchange Binance has urged a New York federal judge to require arbitration for all plaintiffs in a proposed class action accusing the crypto exchange of improperly selling securities, saying its terms of use include a class action waiver.
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May 19, 2025
'Tornado Cash' Founder Says Feds Withheld Key Evidence
Tornado Cash founder Roman Storm is demanding federal prosecutors conduct a "thorough" review for additional evidence in his case after the government disclosed in a separate crypto mixer prosecution that Treasury employees had a contrary view of the Justice Department's unlicensed money transmission theory.
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May 19, 2025
CFTC Should Pay $3M Atty Fees After Sanctions, Firm Says
A foreign exchange firm that won dismissal of a U.S. Commodity Futures Exchange Commission case after a New Jersey federal judge sanctioned the agency for bad faith behavior now says the CFTC should have to pay nearly $3 million for failing to own up to its mistake sooner.
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May 16, 2025
DC Circ. Judges Skeptical Of Blockade On sa¹ú¼Ê´«Ã½ Mass Layoffs
A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.
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May 16, 2025
FINRA Faces Calls To Narrow Its Outside Biz Rule Revamp
The Financial Industry Regulatory Authority has received a range of feedback on its proposal to streamline reporting requirements for firm representatives' outside business activities, with industry groups urging various tweaks to the measure, and a state regulator and investment adviser group opposing it outright.
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May 16, 2025
IPO Pipeline Restarts As Tariff-Related Volatility Eases
Initial public offerings are showing life again after a tariff-induced slumber, buoyed by strong debuts and a growing pipeline as more venture-backed technology startups are lining up public listings before Memorial Day and into June.
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May 16, 2025
CFTC May Be Hobbled As Another Member Announces Exit
The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero announced Friday that she will be stepping down as commissioner at the end of the month, potentially leaving the agency struggling to move forward with only two members as it awaits congressional action on President Donald Trump's nominee for chair.
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May 16, 2025
SEC X Account Hack Conspirator Gets 14 Months
An Alabama man was sentenced in D.C. federal court Friday to 14 months behind bars for his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy.
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May 16, 2025
Coinbase Users Sue Over Bribery-Linked Data Breach
Crypto exchange Coinbase faces a wave of lawsuits from users accusing it of negligent information security practices after the exchange disclosed that an unknown perpetrator had stolen customer data by bribing overseas workers.
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May 16, 2025
Fed. Circ. Makes Apple Face Fintiv Payment IP Again
The Federal Circuit revived Fintiv Inc.'s infringement suit against Apple Inc. over contactless payments Friday, saying the Texas federal judge who freed Apple viewed what evidence is acceptable too narrowly.
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May 16, 2025
Coinbase Users Sue Under Illinois Biometric Privacy Law
Cryptocurrency exchange Coinbase has been sued in Illinois federal court by users who claim its identity verification process flouts Illinois' biometric privacy law, alleging it fails to get written, informed consent before collecting, analyzing and storing biometric data from users' government IDs and photographs.
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May 16, 2025
Taxation With Representation: Blakes, Davies, Goodmans
In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.
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May 15, 2025
sa¹ú¼Ê´«Ã½ Slashes Final Chopra-Era Fine From Over $2M To $45K
The Consumer Financial Protection Bureau on Thursday slashed an enforcement fine for Wise, a global money transfer fintech, by nearly 98%, shaving almost $2 million off a previous settlement for misleading customers about its fees and other costs.
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May 15, 2025
Coinbase Confirms SEC Probe, Discloses User Data Breach
Crypto exchange Coinbase said Thursday that it's cooperating with a U.S. Securities and Exchange Commission investigation over concerns about how it reported its user metrics in past disclosures, addressing the matter hours after it separately disclosed that it had been extorted over stolen user data.
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May 15, 2025
DC Circ. Questions Exchanges' Challenge To SEC Fee Caps
A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.
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May 15, 2025
Coinbase May Avoid BiT Global's $1B Antitrust Suit, For Now
A California federal judge indicated Thursday she'll likely toss a $1 billion antitrust case against Coinbase claiming the cryptocurrency exchange delisted BiT Global after launching a competing "wrapped" bitcoin product for trading on decentralized exchanges, saying the suit didn't plausibly allege that Coinbase gave false justifications for dropping the rival.
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May 15, 2025
Consumer Bid To Block Capital One-Discover Deal Falters
A California federal judge Wednesday rejected a group of consumers' last-minute bid to delay Capital One Financial Corp.'s impending purchase of Discover Financial Services, unpersuaded that the deal poses serious enough potential antitrust concerns to support a preliminary injunction.
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May 15, 2025
SEC, FINRA Staff Retract 2019 Statement On Crypto Custody
U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority staff on Thursday withdrew a joint statement from President Donald Trump's first term warning that existing consumer protection safeguards may not be effective or available for digital asset securities.
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May 15, 2025
SEC Focused On 'Rooting Out' AI Abuse, Agency Atty Says
The U.S. Securities and Exchange Commission is focused on "rooting out" the misuse of artificial intelligence by brokerage firms and publicly traded companies, a California audience heard Thursday as agency attorneys tried to combat the perception that the SEC's enforcement arm has gone silent.
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May 15, 2025
Genesis Fights Jefferies Bid To Be Paid In Bitcoin Over USD
Failed cryptocurrency lender Genesis Global has asked a New York bankruptcy judge to throw out investment bank Jefferies' request for an order forcing the wind-down debtor to take back money it paid Jefferies and instead reimburse it in bitcoin, arguing it's too late for the bank to amend a claim that was filed "solely in dollars."
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May 15, 2025
SEC-Ripple Deal Hits Speed Bump With NY Judge
The New York federal judge who oversees the U.S. Securities and Exchange Commission's enforcement case against blockchain firm Ripple Labs declined Thursday to bless a deal that would truncate the penalties and injunctions she levied in her judgment, saying the request was made in a "procedurally improper" way.
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May 15, 2025
Troutman Fintech Head Moves To Cooley In NY
The head of Troutman Pepper Locke LLP's fintech industry group has jumped to Cooley LLP's New York office, Cooley announced Thursday, bringing with him decades of experience as both a government regulator and a leading BigLaw partner.
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May 15, 2025
Nevada Resorts Want In On Kalshi Sports Betting Brawl
A trade group representing Nevada's powerful gaming and resort industries is aiming to line up against KalshiEx LLC in its suit against state regulators over its sporting event offerings, arguing that the online trading platform is attempting an end-around of federal gambling laws.
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May 15, 2025
'Tornado Cash' Indictment Largely Intact After Crypto Memo
A memo outlining the Trump administration's cryptocurrency enforcement priorities prompted federal prosecutors in Manhattan to slightly trim their indictment charging Tornado Cash founder Roman Storm with facilitating $1 billion of unlawful transactions via his crypto-mixer, a Thursday letter says.
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May 14, 2025
6th Circ. Won't Send Bitcoin Latinum Suit To Arbitration
A Michigan federal judge was right to find that cryptocurrency firm Bitcoin Latinum can't send investor fraud claims to arbitration after waiting two years to seek that option, the Sixth Circuit has determined.
Expert Analysis
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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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 sa¹ú¼Ê´«Ã½ 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.