Finance Law and Banking Law

On 7 October 2026, US Department of the Treasury (Treasury) announced its first civil penalty under the Outbound Investment Security Program (OISP) and this should catch the attention of every CCO.

Companies are being pushed to make difficult decisions about where they source materials, develop products, manufacture, and serve customers. Geopolitical shifts, protectionist policies, changing regulations, and transport disruptions can undermine a supply chain or market strategy that once delivered dependable results. A familiar supplier may become harder to use. A profitable customer relationship may become more expensive to support. A market that appeared accessible may require a different commercial approach.

The US Treasury and IRS have issued new guidance targeting ETF tax strategies, including the controversial '351 conversion transaction' that allows investors to defer taxation on appreciated securities. Revenue Ruling 2026-20 and Notice 2026-62 identify multiple strategies as potentially abusive, signaling increased scrutiny of tax deferral mechanisms used by exchange-traded funds and investment partnerships.

BNP Paribas is seeking a Vice President - Legal Counsel to serve on the Asset Finance & Securitization (“AFS”) Legal team.

The global aviation leasing and finance market continues to navigate an era of unprecedented geopolitical risk.

Adopting Accounting Standards Codification (ASC) 842, Leases, introduces new considerations for companies with leases. One such complex consideration is accounting for the potential impairment...

As climate-related risks intensify and infrastructure demands grow, how can resilience infrastructure strengthen economies and communities? This discussion examines the distinction between resilience infrastructure and resilient infrastructure, exploring investment opportunities in emerging markets and the role of blended finance in unlocking institutional capital. The conversation delves into key considerations for investors and the future of resilience-focused infrastructure development.

Arizona's new State Affordability Infrastructure District framework becomes operational on September 14, creating unprecedented opportunities for developers to finance public infrastructure through a statewide vehicle. As the first formation petitions are prepared, critical decisions about district boundaries, financing structures, and bond capacity will determine the success of projects across the state.

Electric generation projects rarely get built, let alone financed, without a long-term contract locking in revenue. That contract, referred to as an offtake agreement, determines whether a project can attract limited-recourse debt and whether investors are willing to commit capital to construction.

On October 5, 2026, the Commodity Futures Trading Commission (the “CFTC” or the “Commission”) issued an advance notice of proposed rulemaking (the “ANPRM”) seeking comment on a regulatory framework for retail commodity transactions involving crypto assets subject to Section 2(c)(2)(D) of the Commodity Exchange Act, as amended (the “CEA”) (such transactions, “CTXs”).

The Sixth Circuit's decision in KalshiEX LLC v. Schuler examines whether prediction market sports-event contracts qualify as federally regulated "swaps" under the Commodity Exchange Act and whether state gambling laws can restrict them. The ruling deepens a circuit split over derivatives regulation, with different federal courts reaching conflicting conclusions about the same contracts across multiple jurisdictions.

This weekly digest from Lowenstein Crypto examines four significant regulatory developments shaping the digital asset landscape, including the CFTC's proposed framework for crypto asset transactions, FinCEN's withdrawal of its controversial mixing rule, the IRS's updated safe harbor for staking activities, and ESMA's compliance deadline for stablecoin services. These developments signal evolving regulatory approaches across multiple jurisdictions as authorities work to establish comprehensive oversight of c