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The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,...more
On May 1, the U.S. Court of Appeals for the Fifth Circuit dismissed the Consumer Financial Protection Bureau’s (CFPB or Bureau) appeal concerning the vacated amendments to its Unfair, Deceptive, or Abusive Acts and Practices...more
On April 28, a complaint was filed in the U.S. District Court for the District of Columbia, challenging the removal of two Senate-confirmed members of the NCUA Board by President Trump. The plaintiffs allege that their...more
On March 17, a bank again asked the U.S. District Court for the Northern District of Texas to dismiss the CFPB’s suit against the bank. As previously covered by InfoBytes, the Bureau filed an amended complaint after the...more
After several Supreme Court decisions and Executive Orders upended many of the norms governing the relationship between governmental agencies and the constitutional branches, a recent decision by the Federal Deposit Insurance...more
Recently, the U.S. District Court for the Northern District of Illinois Court granted a partial preliminary injunction sought by banking associations against the Illinois Attorney General over the Illinois Interchange Fee...more
On Nov. 19, 2024, the Federal Deposit Insurance Corp. issued a notice of assessment finding that between December 2018 and August 2020, CBW Bank — a single-branch bank in Weir, Kansas — failed to maintain an adequate...more
Illinois enacted a law that prohibits a credit card holder’s bank from charging or receiving interchange fees on the portions of transactions that include Illinois state or local taxes and gratuities, in effect starting July...more
Le 12 novembre 2024, la Cour d’appel du Québec a rendu une décision importante dans l’affaire Autorité des marchés financiers c. Ordre des comptables professionnels agréés du Québec. Cet arrêt concerne l’article 17.0.1 de la...more
On November 19, a Kansas state chartered bank filed a complaint for declaratory and injunctive relief against the FDIC and two Administrative Law Judges (ALJs) from the Office of Financial Institution Adjudication. The...more
On October 11, the U.S. District Court for the District of Columbia (DDC) denied an individual plaintiff’s motion for a temporary restraining order (TRO) and granted the FDIC’s motion to dismiss in a case seeking to enjoin an...more
Recently, the U.S. District Court for the District of Columbia received a complaint from an individual plaintiff suing the FDIC, its heads, board members and an administrative law judge (ALJ) for allegedly subjecting the...more
In this post from 14 years ago, I speculated as to whether California Financial Code Section 1327 was constitutional. Two years later, the California Court of Appeal declared the statute unconstitutional. Summit Bank v....more
Seward & Kissel and The Berkeley Center for Law and Business invite you to the inaugural FinTech Forum, which will be held Thursday, May 18, 2023. The event will highlight emerging trends in the legal and regulatory...more
Please join Consumer Financial Services Partner Chris Willis and his colleague Partner Misha Tseytlin to discuss the Fifth Circuit's decision in Community Financial Services Association of America, Ltd. v. Consumer Financial...more
On September 30, 2021, the Washington State Supreme Court upheld the constitutionality of the additional 1.2 percent business and occupation (B&O) tax imposed by the 2019 Substitute House Bill 2167 (“SHB 2167”) on “specified...more
Late yesterday, the United States District Court of the District of New Jersey held that a century-old statute “does not ban any entity from making independent expenditures” in New Jersey. The decision comes just in time for...more
In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more
In This Issue. The U.S. Supreme Court struck down the single director leadership structure of the Consumer Financial Protection Bureau (CFPB) in a ruling that could have far-reaching implications for the CFPB and other...more
There are widespread expectations that the Supreme Court, following an oral argument last week, may rule that part of the law that created the CFPB is unconstitutional. As a result, many business executives, in particular,...more
On September 17, 2018, four Amici filed briefs in the CFPB’s case against All American Check Cashing, which is now before the Fifth Circuit Court of Appeals. The Court is considering whether the structure of the CFPB is...more
A petition for certiorari was filed in the U.S. Supreme Court late last week by State National Bank of Big Spring (SNB) which, together with two D.C. area non-profit organizations that also joined in the petition, had brought...more
The SEC has taken its first enforcement action against a hedge fund over its cryptocurrency investments—namely, falsely holding itself out as the “first regulated fund in the U.S. focused on crypto assets.” It also targeted a...more
Headlines - ...Guidance Issued on Immediate Implementation of Certain Provisions of the EGRRCPA ...Federal Appeals Court Rules That the FHFA Is Unconstitutionally Structured ...OCC Issues Updated Guidance on...more
Summary of SDNY order holding that CFPB is unconstitutional - CFPB v. RD Legal Funding, LLC, 17-cv-890 (June 21, 2018, S.D.N.Y.) - Last week, a federal court in New York ruled that the entire Consumer Financial...more