United States: 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
ESMA Publishes Preliminary Findings On The Active Account Requirement
ESMA has published its first substantive assessment of how the Active Account Requirement is reshaping central clearing in the EU, revealing widespread adoption among roughly 500 market participants and early signs of clearing activity migrating from UK CCPs to EU counterparties. The findings offer preliminary insights into a regulatory framework designed to reduce EU dependencies on third-country central counterparties, with implications for both EU and UK financial institutions navigating this evolving la
Worldwide Finance
KM
Katten Muchin Rosenman LLP
Article
Banking Agencies Coordinate Handling Of Highly Sensitive Examination Information
The Federal Reserve Board, FDIC, and OCC have announced a coordinated approach for handling highly sensitive bank information during examinations, allowing banks to flag materials requiring heightened protection. This new framework permits alternative review methods such as on-site examination and direct digital access through bank systems, reducing the need to transfer sensitive data to agency systems. The initiative appears responsive to the OCC's 2025 email breach that exposed confidential supervisory in
United States Finance
HL
Hogan Lovells Cadwalader
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Article
Built For One Era, Operating Across Four Generations
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.
United States Finance
AC
Ankura Consulting Group LLC
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Article
CFO Market Update 2026: The Room Where It Happens OnPoint Mon Jul 27 2026 Collateralized Fund Obligations (“CFOs”) are clearly having a moment. Or, to borrow from Hamilton: “It’s not a moment, it's a movement.”
Collateralized Fund Obligations (CFOs) have evolved from a niche structured finance product into a rapidly growing capital markets instrument, with annual issuance projected to reach $30 billion in 2026. This comprehensive analysis examines the structural mechanics, regulatory framework, and emerging trends driving CFO adoption among asset managers and institutional investors seeking rated exposure to diversified private fund portfolios.
United States Finance
D
Dechert
Article
SEC Expands Exemptive Relief For Tender Offers And Exchange Offers For Non-Convertible Debt Securities
On June 30, 2026, the staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (“SEC”) issued an exemptive order granting an exemption from Rules 14e-1(a) and (b) under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), for certain qualifying tender or exchange offers for non-convertible debt securities (“Five Business Day Tender Offers”). The SEC exemptive order supersedes the Staff’s 2015 no-action letter (the “2015 Letter”)[1] relating to Five Business Day Tender Offers and is effective immediately.
United States Finance
ST
Simpson Thacher & Bartlett
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Article
Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition
A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.
United States Insolvency
DM
Duane Morris LLP
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Article
ESMA Publishes Preliminary Findings On The Active Account Requirement
ESMA has published its first substantive assessment of how the Active Account Requirement is reshaping central clearing in the EU, revealing widespread adoption among roughly 500 market participants and early signs of clearing activity migrating from UK CCPs to EU counterparties. The findings offer preliminary insights into a regulatory framework designed to reduce EU dependencies on third-country central counterparties, with implications for both EU and UK financial institutions navigating this evolving la
Worldwide Finance
KM
Katten Muchin Rosenman LLP
See more