United States: Finance and Banking

Subscribe
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
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
Article
Bank Charter Update: FDIC’s Two-Phase Deposit Insurance Review Process And Recent OCC Actions
The FDIC has introduced a streamlined two-phase approach to deposit insurance applications, promising contingent authorization within 120 days and final approval within 12 months. While this accelerated timeline signals regulatory openness to new bank charters, including innovative fintech models, recent OCC denials reveal that speed comes with heightened expectations for application completeness, management quality, and operational readiness from day one.
United States Finance
SA
Skadden Arps Slate Meagher & Flom
Article
NYDFS Secures $250,000 Cybersecurity Settlement With Money Transmitter
The New York Department of Financial Services has imposed a $250,000 penalty on a licensed money transmitter following a 2022 ransomware attack that exposed critical gaps in the company's cybersecurity framework. The enforcement action highlights specific deficiencies in risk assessment protocols, cybersecurity program design, and software update policies that allegedly violated New York's Cybersecurity Regulation. This settlement underscores the regulatory expectation that financial institutions maintain r
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
FERC Approves Settlement Penalizing Crypto Mining Company For Violating NYISO Interconnection Rules
FERC has approved a settlement penalizing cryptocurrency mining company Digi Power X Inc. for violating NYISO tariff interconnection rules by connecting its mining operations to a co-generation facility without proper authorization. The case highlights FERC's increasing enforcement focus on ensuring large load customers, particularly crypto miners and data centers, strictly comply with grid reliability requirements and market rules.
United States Finance
BB
Baker Botts LLP
See more
Article
Federal Reserve Proposes Overhaul Of Mutual Holding Company Rules
The Federal Reserve Board has proposed the first comprehensive update to mutual holding company regulations since 2011, aiming to improve capital access for mutual banking organizations. The proposal would clarify that mutual capital certificates and special deposits can qualify as regulatory capital, streamline dividend waiver procedures, and eliminate outdated procedural requirements inherited from the former Office of Thrift Supervision.
United States Finance
HL
Hogan Lovells Cadwalader
See more
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
Article
Oregon Regulator Penalizes Debt Collector For Alleged Unregistered Activity
An Oregon regulator entered a consent order with a Wisconsin debt collector after discovering the company operated without proper state registration while collecting from over 1,500 Oregon consumers. The case began with a single consumer complaint and resulted in allegations of 1,812 violations, demonstrating how state regulators pursue licensing enforcement and the importance of maintaining proper registrations across all operating jurisdictions.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
See more
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
See more
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
Article
Bank Charter Update: FDIC’s Two-Phase Deposit Insurance Review Process And Recent OCC Actions
The FDIC has introduced a streamlined two-phase approach to deposit insurance applications, promising contingent authorization within 120 days and final approval within 12 months. While this accelerated timeline signals regulatory openness to new bank charters, including innovative fintech models, recent OCC denials reveal that speed comes with heightened expectations for application completeness, management quality, and operational readiness from day one.
United States Finance
SA
Skadden Arps Slate Meagher & Flom
Article
NYDFS Secures $250,000 Cybersecurity Settlement With Money Transmitter
The New York Department of Financial Services has imposed a $250,000 penalty on a licensed money transmitter following a 2022 ransomware attack that exposed critical gaps in the company's cybersecurity framework. The enforcement action highlights specific deficiencies in risk assessment protocols, cybersecurity program design, and software update policies that allegedly violated New York's Cybersecurity Regulation. This settlement underscores the regulatory expectation that financial institutions maintain r
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
See more