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Supreme Court Strikes Down Chevron, Reshapes Administrative Law

In a series of rulings at the end of its term, the Supreme Court fundamentally changed administrative law precedents, including some that have held firm for more than 40 years. The decisions will curtail federal agencies’...more

SEC Approves Scaled-Back but Highly Impactful Climate Disclosure Final Rule

On March 6, the Securities and Exchange Commission (“SEC”) voted along party lines to adopt its long-awaited climate-related disclosure framework for registrants. This “Final Rule” largely reflects the proposed rule put...more

Supreme Court Agrees to Hear CFPB Constitutionality Case

On Monday, the U.S. Supreme Court announced that it has agreed to review the Fifth Circuit’s decision in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA). The decision...more

CFPB Proposes Big Brother Tactics for Consumer Contracts

On Jan. 11, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would require nonbanks under its supervisory authority, subject to limited exceptions, to annually register information about...more

White House, CFPB and FTC Continue Down Path to Eliminate “Junk Fees”

In late October, the Consumer Financial Protection Bureau (CFPB), in conjunction with the White House, announced more actions in regard to limiting what they have collectively negatively labeled as “junk fees” as well as...more

Commerce Moves to Curb Chinese Technology Advancements

Over the last several weeks, the Bureau of Industry and Security (BIS) has telegraphed sweeping, new controls on U.S. exports to the People’s Republic of China (PRC) pertaining to tools and technologies that support advanced...more

Bureau of Industry and Security Announces Expanded Semiconductor Controls and Foreign Direct Product Rules

Over the last several weeks, the Bureau of Industry and Security (BIS) has telegraphed sweeping, new controls on U.S. exports to the People’s Republic of China (PRC) pertaining to tools and technologies that support advanced...more

Crackdown on Consumer Fees Continues at Federal Agencies

A new Federal Trade Commission (FTC) Notice of Proposed Rulemaking (NPRM) concerning advertising, add-on products and new disclosures in the motor vehicle marketplace could have a major impact on industry participants. Using...more

President Biden Mulling Executive Order on Cryptocurrencies: What to Watch For

The Biden administration is reportedly considering the issuance of an executive order that would create a governmentwide approach to the oversight and regulation of cryptocurrencies. Such an order would likely have...more

SEC Renews Focus on 2010 Climate Change Disclosure Guidance

Securities and Exchange Commission (the “Commission”) Chair Gary Gensler has repeatedly signaled his intention to begin requiring public filers to disclose climate change-related risks in quarterly and annual filings, citing...more

SEC Chair Gensler Signals Greater Regulation of Cryptocurrency Under Existing Authorities

On Sept. 14, Gary Gensler, chair of the Securities and Exchange Commission, testified before the Senate Banking Committee that the agency has authority using the existing, “broad” definition of a “security” to regulate the...more

Five Takeaways from the House Rules Package for the 117th Congress

The House of Representatives of the 117th Congress convened this week, as prescribed by the U.S. Constitution, and adopted a set of rules to govern the body over the next two years. While rules packages are often full of the...more

Structural Challenges in the Federal Reserve’s Main Street Lending Program

In a recent Senate Banking Committee hearing, Sen. Pat Toomey (R-PA) asked Federal Reserve Chairman Jerome Powell whether there was likely to be “strong demand” for the three credit facilities that comprise the Federal...more

The Main Street Lending Program: Recent Changes, Challenges Ahead

The April 30 changes to the Federal Reserve’s Main Street Lending Program (MSLP) broaden the Federal Reserve’s backstop for loans to small and medium-sized enterprises (SME), but also impose new non-credit-related...more

Changes Ahead for the Federal Reserve’s Main Street Lending Programs

On April 9, the Federal Reserve published term sheets for two COVID-19-related “Main Street” lending facilities for companies with both fewer than 10,000 employees and less than $2.5 billion in 2019 revenue. Explained in more...more

Summary of Federal Reserve Lending Programs as of April 9, 2020

Today, the Federal Reserve announced new lending facilities and expanded existing lending facilities for mid-sized “Main Street” businesses, larger investment grade businesses, capital markets and municipal securities. The...more

4/13/2020  /  Federal Reserve , Treasury

The Credit Box Conundrum: When Math and Politics Clash

The nation’s health crisis is our collective primary concern, but a financial crisis of unparalleled proportions is close on its heels. A significant number of household brand companies that are deeply woven into the fabric...more

Someone Call the Plumber: The Economy’s Liquidity Pipes are Clogged

As we noted on Tuesday, the Federal Reserve and the Treasury Department are working around the clock to allocate the $454 billion Congress authorized in the CARES Act for credit and liquidity facilities created pursuant to...more

Five Big Things to Watch in CARES Act Implementation

The CARES Act, which appropriated approximately $2 trillion to save the American economy, was written in just under a week, reflecting Congress’s bipartisan urgency in mitigating COVID-19’s economic toll on workers and...more

The CARES Act: Title IV Overview on Economic Recovery for Distressed Sectors

Subtitle A (Coronavirus Economic Stabilization Act of 2020 (“Act”)): This extensive Act within the CARES Act principally provides $500 billion to the Department of the Treasury’s (“Treasury”) Exchange Stabilization Fund for...more

Analysis of Senate-Passed CARES Act

On March 25, the Senate approved a $2 trillion stimulus package, the Coronavirus Aid, Relief, and Economic Security Act, to address the economic and health impacts of the COVID-19 pandemic. The bill now moves to the House for...more

SEC Signals Changing Views on Regulation of Proxy Advisory Firms

In recent years, the friction between public companies and proxy advisory firms—companies that provide proxy vote recommendations to institutional fund managers and other investment advisers—has intensified. Public issuers...more

Congress Eyes Modernization of Bank Secrecy Act and Beneficial Ownership Disclosures

A significant and much needed update to the United States’ anti-money laundering (AML) laws is one of the few remaining legislative efforts that may get across the finish line during this election year. Members of both...more

Congress to Expand Scope of Foreign Investments and Transactions Needing CFIUS Review

On May 22, the Senate Banking Committee and House Financial Services Committee are each expected to consider and approve similar but not identical pieces of legislation to modernize the jurisdiction and operation of the...more

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