North America: Finance and Banking

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Following The Money: FinCEN Maps The Financial Footprint Of Human Smuggling
FinCEN's latest Financial Trend Analysis reveals that financial institutions flagged nearly $5 billion in suspicious activity potentially linked to human smuggling between 2023 and 2025, with money services businesses filing 97% of reports but depository institutions accounting for 61% of the total value. The analysis identifies key red flags and typologies that institutions should incorporate into their transaction-monitoring systems, including patterns involving no verifiable familial connections, unusual
United States Finance
CM
Crowell & Moring LLP
Article
ILPA’s Reporting Templates After PFAR: What Fund Sponsors Should Know
The Institutional Limited Partners Association has launched and updated four principal reporting templates following the Fifth Circuit's vacation of the SEC's Private Fund Adviser Rules, reimposing transparency and comparability objectives through contractual frameworks. These templates standardize fund economics, performance metrics, capital activity and portfolio company reporting, creating new compliance considerations for fund sponsors navigating investor reporting obligations.
United States Finance
PR
Proskauer Rose LLP
Article
FDIC Considers Industry Standard-Setting Organization For Third-Party Service Providers
The Federal Deposit Insurance Corporation is exploring the creation of a Banking Industry Standards Development Organization (BISDO) to establish uniform standards for third-party service providers partnering with banks. This initiative could fundamentally reshape how banks and fintech companies structure their relationships, moving beyond traditional supervision toward industry-wide standardization.
United States Finance
BS
Ballard Spahr LLP
Article
To Be Or Not To Be An ABS: What Next For Data Center Finance?
The SEC's recent interpretive guidance confirms that certain data center securitizations fall outside the definition of "asset-backed security" under the Securities Exchange Act, removing several ABS-specific regulatory requirements. This analysis explores the practical implications for risk retention, investor protections, existing master trust platforms, and the future structuring of data center financings in light of this regulatory shift.
United States Finance
HL
Hogan Lovells Cadwalader
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Project Finance
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Asset Recovery
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Secured Lending
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Banking Regulation
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Alternative Investment Funds

Debt Capital Markets

Article
Bermuda Stock Exchange Streamlines Listing Process For Programme Securities
The Bermuda Stock Exchange has introduced a streamlined listing process for securities issued under previously approved debt or insurance-linked securities programmes, reducing approval timelines and administrative requirements. The updates include expedited next-business-day approvals and new abridged application forms designed to minimize duplication of information already contained in approved programme documentation.
Bermuda Finance
W
Walkers
Article
SEC Exemptive Order Expands Availability Of Shorter Debt Tender Offer Periods
The SEC's Division of Corporation Finance has issued a new exemptive order that significantly reduces the minimum offering period for certain tender and exchange offers involving non-convertible debt securities from 20 business days to just five business days. This order supersedes previous guidance and establishes new conditions under which issuers and their wholly-owned subsidiaries can conduct abbreviated debt tender offers.
United States Finance
HL
Hogan Lovells Cadwalader
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Acquisition Finance/LBOs/MBOs

Article
Sponsor’s Guide To Hedging: Practical Steps And Considerations
Sponsors and corporates face an increasingly complex legal and regulatory landscape when implementing hedging strategies in debt financings. This comprehensive guide examines the critical coordination required between treasury, legal teams, financial advisors and hedge providers to navigate ISDA documentation, regulatory compliance under EMIR and Dodd-Frank, and deal-contingent structures.
United States Finance
ML
Milbank LLP
Article
Understanding The Mechanics Of An Unitranche Lending Structure
In leveraged and asset-based lending, the unitranche structure offers a sophisticated approach to allocating risk and return among lenders within a single credit facility. How do first out and last out arrangements work in practice, and what critical provisions should lenders negotiate to protect their interests? This analysis examines the mechanics, economic features, and key considerations that inform participation decisions in these increasingly popular financing structures.
United States Finance
MB
Mayer Brown
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Commodities/Derivatives/Stock Exchanges

Article
Howey's Cryptonite: A Deep Dive On Digital Asset Classification—Part I
The SEC and CFTC have issued a joint interpretive release establishing a securities taxonomy for crypto-assets, classifying them into five categories: digital commodities, digital collectibles, digital tools, stablecoins, and digital securities. This groundbreaking guidance identifies specific crypto-assets like Bitcoin, Ether, and Solana as digital commodities rather than securities, marking a significant shift from the SEC's previous regulation-by-enforcement approach.
United States Finance
KG
K&L Gates LLP
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Charges, Mortgages, Indemnities

Article
Massachusetts Appeals Court Affirms Rejection Of Chapter 93A Counterclaim Despite Usurious Default Interest Demand
The Massachusetts Appeals Court examined whether demanding default interest at an unlawful rate constitutes an unfair business practice under Chapter 93A, even when the lender believed the rate was permissible based on acquired loan documents. The decision turned on factual findings regarding the lender's knowledge and intent when purchasing and enforcing a mortgage containing a usurious interest provision.
United States Commercial
GT
Greenberg Traurig, LLP
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Latest Videos

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