Finance Law and Banking Law

The SEC rescinded Rule 202.5(e), which had codified the SEC rule requiring settling parties to agree that they would not publicly deny the SEC’s allegations. The change brings the SEC in line with the majority of federal agencies, including the CFTC which announced a similar change in early June. New language reflecting the change is already appearing in SEC orders.

The Coalition for Modern Retirement Solutions submitted a comprehensive comment letter to the Department of Labor regarding proposed fiduciary duties in selecting retirement plan investments. The letter advocates for an asset-neutral, process-based approach while providing detailed recommendations to protect plan fiduciaries from hindsight-driven litigation and enable broader investment options for participants.

As artificial intelligence drives unprecedented demand for data centers, power availability has emerged as the critical bottleneck constraining asset value and investment returns.

Federal banking agencies have issued revised model risk management guidance in SR 26-2, introducing a more explicitly risk-based approach to model governance, validation, and monitoring. While primarily targeting organizations with over $30 billion in assets, the principles-based framework has broader implications for regional and community banks navigating evolving regulatory expectations.

The transition from PSD2 to PSD3, accompanied by the directly applicable Payment Services Regulation, represents more than a legislative update, it reflects a strategic shift in the EU's approach to payments regulation.

Capital. It is first in the CAMELS (capital, assets, management capability, earnings, liquidity, and sensitivity) acronym and often first in many community bankers’ hearts. Its place of prominence within community...

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...

Cadwalader's real estate finance team has successfully closed several major transactions spanning student housing portfolios, luxury resort acquisitions, office complex refinancings, industrial warehouse facilities, and cold-storage properties. These deals range from $39.25 million to $1.435 billion and involve diverse property types across multiple states, demonstrating the firm's comprehensive capabilities in commercial real estate lending and acquisition financing.

When an equipment lender funded a borrower's purchase without properly documenting its collateral rights, it found itself without recourse in bankruptcy court. The Delaware bankruptcy court's ruling in Wingspire...

California's Office of Health Care Affordability has released proposed draft regulations that would dramatically expand transaction reporting requirements for management services organizations, private equity groups...