Fintech

  • February 12, 2024

    Genesis Hit With Objections To $1.6B In Grayscale Trust Sales

    Cryptocurrency lender Genesis Global is facing opposition to its effort to sell about $1.6 billion worth of shares in Grayscale Investments trusts to raise money for its Chapter 11 estate, with Grayscale and Genesis' parent company lodging objections to the proposed transactions in New York bankruptcy court.

  • February 12, 2024

    Fintech Group Of The Year: Skadden

    Within one month, the fintech practice group at Skadden Arps Slate Meagher & Flom LLP secured the dismissal of class actions against Coinbase — one of the largest U.S. digital asset platforms — and MakerDAO, a leading decentralized finance system, earning it a spot as one of Law360's 2023 Fintech Groups of the Year.

  • February 09, 2024

    Merrill Customer Sues Over Lax WhatsApp Supervision

    A Merrill customer has filed suit against two of the broker-dealer's branch managers for allegedly failing to supervise advisers who used WhatsApp to communicate about risky options strategies that ultimately wiped out his account.

  • February 09, 2024

    SafeMoon CEO Finally Gets Bail In $300M Crypto Fraud Case

    A New York federal judge on Friday agreed to let the CEO of bankrupt cryptocurrency asset company SafeMoon out on bail, after a monthslong, multijurisdictional tug of war over fears he would flee rather than face trial over accusations that he bilked investors out of $300 million.

  • February 09, 2024

    New SEC Dealer Rule Leaves Crypto Pros Feeling In The Dark

    A newly finalized rule from the U.S. Securities and Exchange Commission requiring certain traders to register with the agency as dealers will set near-unworkable compliance hurdles for some crypto firms — chief among them determining who will have to register, attorneys say.

  • February 09, 2024

    Robinhood Inks $9M Deal To End Promotional Text Suit

    Stock-trading app Robinhood has agreed to pay $9 million to resolve proposed class claims that its "Refer a Friend" program caused non-users to receive unsolicited promotional texts, in violation of Washington state law, consumers told a Seattle federal judge Thursday.

  • February 09, 2024

    Fed. Circ. Affirms Alice Rejection Of Financial Trading Patent

    The Federal Circuit has backed the U.S. Patent and Trademark Office's decision to reject an application for a patent on electronic trading of financial instruments, affirming a finding that the patent didn't actually cover something patentable.

  • February 09, 2024

    SEC's 'Orwellian' Trade Database Is Unlawful, 11th Circ. Told

    Citadel Securities LLC and the American Securities Association have laid out their objections to a U.S. Securities and Exchange Commission directive that requires brokerage firms to fund the buildup of a database known as the consolidated audit trail, telling the Eleventh Circuit that the tool created an "Orwellian surveillance regime" that puts American investors at risk of being hacked.

  • February 09, 2024

    SEC To Collect $81M In Fines In Latest Texting Probe Cases

    The U.S. Securities and Exchange Commission announced Friday that it has secured agreements to pay more than $81 million in fines from 16 firms over their employees' use of personal messaging apps to do business, though the agency added that one set of firms ended up paying much less for having self-reported the violations.

  • February 09, 2024

    Fintech Group Of The Year: Morrison Foerster

    Morrison Foerster LLP's fintech team counseled technology startups as well as financial agencies on handling cyberattacks, strategic partnerships and acquisitions, guiding a client's $220 million digital asset recovery effort and advising Experian on the launch of a full-service digital banking platform, earning the firm a spot among Law360's 2023 Fintech Groups of the Year.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 09, 2024

    NY AG Seeks $2B More From Genesis Parent Co. In Fraud Suit

    New York's attorney general filed an expanded complaint Friday accusing Digital Currency Group and other cryptocurrency companies of defrauding customers out of more than $3 billion, shortly after reaching a settlement with its subsidiary Genesis Global Capital in its bankruptcy case.

  • February 08, 2024

    Lawmakers Slam SEC Over Misstatements In Debt Box Case

    A group of Republican U.S. senators told the U.S. Securities and Exchange Commission that its alleged misrepresentations in its enforcement case against a Utah crypto project may call its other crypto lawsuits into question.

  • February 08, 2024

    Fed, OCC Urged To Create 'Unaffiliated' Director Rule For Banks

    The Federal Reserve Board and Office of the Comptroller of the Currency were petitioned Thursday to issue new rules mandating that large banks appoint at least some outside, independent directors to their boards as a safeguard against conflicted decision-making within big corporate families.

  • February 08, 2024

    SEC, CFTC Jointly Demand More Hedge-Fund Disclosures

    The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission jointly passed rules Thursday requiring additional disclosures from hedge funds and other private fund advisers, aimed at improving market stability and transparency, despite dissent from Republican commissioners of both agencies who say the requirements are overreaching.

  • February 08, 2024

    Consumers Seek Final OK Of $6.8M FCRA Settlement

    A class of consumers have asked a Connecticut federal court to give final approval to a $6.8 million deal ending a suit alleging mortgage credit reporting companies Xactus LLC and Avantus LLC harmed them by preparing consumer reports that misidentified them as "terrorists, drug traffickers, arms dealers and other enemies of the United States."

  • February 08, 2024

    Gemini's $800M Claim On Genesis Isn't Secured, Judge Says

    A New York bankruptcy judge rejected cryptocurrency exchange Gemini's argument that it has a secured claim on more than $800 million in Genesis Global Capital assets, ruling that because Genesis never transferred the assets, they cannot count as collateral pledged by the debtor.

  • February 08, 2024

    Crypto Co. Hut 8 Merged With Failing Operation, Suit Says

    Crypto mining company Hut 8 was hit with a proposed class action from an investor alleging the company's stock price fell following the publication of a short-seller's report that said it paid $745 million for another company with severe financial and operational issues.

  • February 08, 2024

    Genesis Says Parent Crypto Co. Must Pay For $33M 3AC Deal

    Bankrupt cryptocurrency lender Genesis says its parent company, conglomerate Digital Currency Group, should be on the hook for a $33 million settlement to defunct crypto hedge fund Three Arrows Capital.

  • February 08, 2024

    FSOC 'Very Focused' On Nonbank Mortgage Risk, Yellen Says

    U.S. Treasury Secretary Janet Yellen told lawmakers on Thursday that federal regulators have "concern" about potential nonbank fragility in the mortgage market, and offered encouragement for legislative efforts to guard against artificial intelligence risks to the financial sector.

  • February 08, 2024

    Fintech Group Of The Year: Latham & Watkins

    Latham & Watkins LLP made waves in the fintech world last year by successfully defending venture capital firm Andreessen Horowitz in a case of first impression involving so-called scam tokens as well as through its representation of Binance's CEO in ongoing enforcement actions, earning it a spot among Law360's 2023 Fintech Groups of the Year.

  • February 07, 2024

    Ex-Fintech Exec Convicted Of Crypto Manipulation Conspiracy

    The former head of financial engineering at fintech company Hydrogen Technology Corp. was convicted by a Florida federal jury Wednesday of conspiring to manipulate the market for Hydrogen's digital assets.

  • February 07, 2024

    TradeStation To Pay SEC, States $3M Over Crypto Lending

    State and federal securities regulators on Wednesday unveiled a $3 million set of settlements with TradeStation Crypto Inc. to resolve claims that the crypto-focused brokerage failed to register its interest-earning program for digital assets as a security.

  • February 07, 2024

    Fintech Group Wants CFPB To Regulate Earned-Wage Access

    A fintech industry group urged the Consumer Financial Protection Bureau on Wednesday to undertake a formal rulemaking process for the regulation of so-called earned-wage access services, decrying a developing, state-level patchwork of regulations on the industry.

  • February 07, 2024

    ​​​​​​​Full Del. High Court Asked To Revive $1.2B Crypto Merger

    Cryptocurrency wallet provider BitGo deserves the chance to go to trial with digital assets firm Galaxy Digital over their broken $1.2 billion merger because the dispute involves complex questions of administrative, agency and securities laws, as well as regulatory guidance, BitGo told Delaware's highest court Wednesday.

Expert Analysis

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • New Tech, Old Tricks: How GCs Can Fight White Collar Crime

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    As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • Why CFTC Whistleblowers Are Crucial To Crypto Regulation

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    The U.S. Commodity Futures Trading Commission's whistleblower program has proven to be a key tool in the U.S.' efforts to police cryptocurrency, but a funding issue shows that it has become a victim of its own success, says Stephen Kohn at Kohn Kohn.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • How Corp. Transparency Act Can Unmask Crypto Owners

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    With the federal Corporate Transparency Act in effect as of Jan. 1, litigants may now have a less burdensome path toward determining the identities of owners behind convoluted corporate entities, and, by extension, any digital assets they own that could be subject to a potential judgment, says Brett Sager at Ehrenstein Sager.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • CFPB As Pay App Watchdog May Invite More Fintech Regs

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    While the Consumer Financial Protection Bureau's recent proposal to enhance federal oversight of the biggest consumer payment applications would impose no new regulatory obligations, the rulemaking could provoke heightened scrutiny for all participants in the digital payments market, say attorneys at Steptoe.

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