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First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under...more

The Regulatory Trio: Long-Term Debt and Resolution Plan Proposals Signal Need for Greater Clarity and Simplification

On August 29, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (collectively, FBAs) issued requests for...more

The Revisit: Our Take on the U.S. Banking Agencies' Regulatory Capital Revamp

On July 27, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (collectively, FBAs) issued their long-awaited...more

Federal Banking Regulators Issue Final Third-Party Risk Management Guidance

On June 6, 2023, the Federal Reserve Board of Governors, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly issued final third-party risk management guidance for supervised...more

The Digital Pound: "More Likely Than Not"

On February 7, 2023, the Bank of England (BoE) released two documents concerning a central bank digital currency (CBDC), a prospective government-backed digital form of U.K. currency also known as the "digital pound." ...more

Navigating the SVB Receivership

Is my money safe? It's a question that we haven't heard very much in over twelve years. Most businesses and people have no experience with troubled banks and potential bank failures....more

Safeguarding Advisory Client Assets: Our Take on Crypto Treatment Under the SEC's Proposed Rule

On February 15, 2023, the Securities and Exchange Commission (SEC) voted 4-1 to propose amendments to the investment adviser custody rule, Rule 206(4)-2 under the Investment Advisers Act of 1940 (Act), and redesignate it as...more

A Discussion of DOJ and Treasury Reports Following the Digital Assets Executive Order

Following the White House's Digital Assets Executive Order from March 2022 (summarized here), our September 2022 update provides an in-depth look at select follow-up reports issued by the U.S. Department of Justice and the...more

Treasury Recommends Moving Forward on CBDC Analysis and Encouraging Use of Instant Payments

The U.S. Department of Treasury, in coordination with various federal entities, released three anticipated reports on digital assets: (i) a U.S. central bank digital currency (CBDC) report entitled "The Future of Money and...more

Project W - Making Sense of What's Happening in Crypto

With founders and investors in the Project W community increasingly innovating with and investing in digital assets, we asked Alexandra Barrage, a partner in DWT's Financial Services Practice Group and the leader of Project...more

FDIC False Advertising Rule Now Effective

On May 17, 2022, the FDIC board approved a final rule, effective July 5, 2022, addressing false advertising, misuse of the FDIC's name, and misrepresentations about deposit insurance, based on section 18(a)(4) of the Federal...more

7/11/2022  /  Banking Sector , Deposit Insurance , FDIA , FDIC

Gaining Momentum: The First Senate Discussion Draft on Stablecoins

On April 6, 2022, Ranking Member of the Senate Banking Committee Senator Toomey (R-PA) released the Stablecoin Trust Act of 2022 (Draft Bill), marking a milestone in his continued effort to provide clarity on a regulatory...more

Three Initial Takeaways From the Federal Reserve's CBDC Discussion Paper

Key developments in the United States over the past several months have kicked the digital currency transformation discussion into high gear. After the President’s Working Group on Financial Markets’ November 2021 Report on...more

Stablecoins: Promoting Innovation While Addressing Risks

Our team is pleased to announce an important publication on crypto developments and future stablecoin regulation in the United States. Here we provide a brief overview of stablecoins, outline various risks and policy concerns...more

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