The Trump Administration has made clear that it intends to lessen the barriers to bank merger and acquisition activity. As we previously noted, the FDIC has moved to lower some of the impediments to mergers under its 2024...more
Following a key hearing in February, Senate Banking Committee Chairman Tim Scott (R-SC) is seeking to protect financial freedom with the introduction of the Financial Integrity and Regulation Management (FIRM) Act. The...more
3/13/2025
/ Banking Sector ,
Cryptocurrency ,
Due Process ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
NCUA ,
OCC ,
Proposed Legislation ,
Regulatory Reform ,
Senate Committees
The FDIC has signaled the reversal of key, controversial proposals from 2024. In doing so, it has provided welcome clarity on important areas that implicate banks of various sizes and charter types, allowing banks to focus on...more
3/5/2025
/ Advertising ,
Banks ,
Brokered Deposits ,
CBCA ,
Compliance ,
Corporate Governance ,
Dodd-Frank ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Mergers ,
OCC ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
Despite the tone and tint of recent headlines, President Trump's February 18, 2025, "Ensuring Accountability for All Agencies" Executive Order (the "Accountability EO") appears to be the latest in a long line of efforts to...more
2/24/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Executive Orders ,
FDIC ,
Federal Reserve ,
Financial Regulatory Reform ,
OIRA ,
OMB ,
Popular ,
SCOTUS ,
Statutory Interpretation
The recent confirmation of Russ Vought as director of the Office of Management and Budget (OMB) is expected to kickstart the Administration's centralized approach to reforming the administrative state. The recently revived...more
Recent announcements by Trump Media and Technology Group (TMTG) and X might signal that financial modernization may have finally reached a tipping point. With the right regulatory environment, fintechs and other new market...more
2/6/2025
/ Bitcoin ,
Cryptocurrency ,
Digital Assets ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Fintech Charter ,
OCC ,
Payment Systems ,
Popular
We have previously analyzed the recent history of Executive Orders ("EOs") controlling the issuance and content of regulations. As we saw on Inauguration Day 2025, and continue to see, the second Trump Administration is...more
Federal banking agencies under a second Trump Administration are expected to be more receptive to industry proposals for bank mergers, acquisitions, and related transactions. We've previously explored national trust banks and...more
1/17/2025
/ Acquisitions ,
Bank Holding Company Act ,
Bank Merger Act ,
Banking Sector ,
CBCA ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Foreign Banks ,
Investment ,
Investors ,
Mergers ,
OCC ,
Regulatory Agenda ,
Trump Administration
The federal banking agencies under a second Trump Administration are expected to be more receptive to industry proposals geared toward growth. We've previously explored national trust banks to streamline state licensing....more
1/10/2025
/ Banking Sector ,
Banks ,
Compliance ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
FinTech ,
Foreign Investment ,
OCC ,
Regulatory Agenda ,
Trump Administration
As we have previously noted, we expect that the second Trump Administration will be significantly more favorable to crypto than the Biden Administration, especially with the recent appointment of David Sacks as the...more
12/9/2024
/ Accounting Standards ,
Administrative Procedure Act ,
Anti-Money Laundering ,
Banking Sector ,
Confidential Supervisory Information ,
Cryptocurrency ,
Digital Assets ,
FDIC ,
Federal Reserve ,
Innovation ,
OCC ,
Operation Choke Point ,
Policies and Procedures ,
Reputational Injury ,
Risk Assessment ,
Transparency ,
Trump Administration
In the absence of modern charters and licenses, payments companies and other fintechs—both established financial services providers and new market entrants—must generally obtain 50+ money transmitter and possibly other state...more
11/25/2024
/ Bank Holding Company Act ,
Banks ,
Cryptocurrency ,
Deposit Insurance ,
FDIC ,
Federal Reserve ,
Financial Services Industry ,
FinTech ,
Licenses ,
National Bank Act ,
National Bank Charters ,
OCC ,
Payment Systems ,
Popular ,
Virtual Currency
During the Biden-Harris Administration, the relationship between financial institutions and their regulators chilled considerably. The financial services industry works daily with its regulators—especially through the...more
11/20/2024
/ Banks ,
Buy Now Pay Later (BNPL) ,
Chevron Deference ,
Community Reinvestment Act ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Digital Assets ,
Dodd-Frank ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Proposed Regulation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
Truth in Lending Act (TILA) ,
UDAAP
While the coming weeks and months will provide more clarity, we already can anticipate some indications of what is in store for bank regulation, supervision, and enforcement in a second Trump Administration. To help navigate...more
11/15/2024
/ Anti-Money Laundering ,
Banks ,
Brokered Deposits ,
Chevron Deference ,
Community Reinvestment Act ,
Corporate Governance ,
Deregulation ,
Enforcement ,
Executive Orders ,
FDIC ,
Federal Reserve ,
Financial Crimes ,
Financial Services Industry ,
Interagency Guidance ,
OCC ,
Proposed Rules ,
Regulatory Agenda
As part of a larger effort to address risks related to third-party deposit relationships, on October 2, 2024, the Federal Deposit Insurance Corporation (FDIC) announced and published a notice of proposed rulemaking (Proposed...more
One of the most fundamental activities of an insured depository institution (IDI) is taking and safekeeping customer deposits. However, a recent proposed rulemaking by the Federal Deposit Insurance Corporation (FDIC) poses...more
8/16/2024
/ Administrative Procedure Act ,
American Bankers Association ,
Brokered Deposits ,
Deposit Insurance ,
FDI Act ,
FDIC ,
Final Rules ,
Liquidity ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Reversal ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)