News & Analysis as of June 18, 2025

Federal Deposit Insurance Corporation

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The Federal Deposit Insurance Corporation is a United States federal agency created in 1933 in response to widespread bank failures in the 1920s and early 1930s. The FDIC's mission is to maintain stability and consumer confidence in the United States banking system by insuring deposits, monitoring the health of financial institutions and managing receiverships. less -

FDIC releases March 2025 CRA evaluations

Orrick, Herrington & Sutcliffe LLP on 6/16/2025

On June 5, the FDIC released an updated list of state nonmember banks that received CRA evaluation ratings assigned in March 2025. The CRA mandates that the FDIC assess and rate how well banks meet the credit needs of their...more

FDIC releases list of recent enforcement actions

Orrick, Herrington & Sutcliffe LLP on 6/9/2025

On May 30, the FDIC published a list of administrative enforcement actions taken against banks and individuals during the month of April as well as two decisions from 2024 that were omitted from previous FDIC publications....more

FDIC and Maryland End Joint Consent Orders Against Regional Bank

Sheppard Mullin Richter & Hampton LLP on 6/6/2025

On April 7, the FDIC and the Maryland Office of Financial Regulation terminated two consent orders against a regional bank headquartered in Maryland. The termination concludes joint federal and state enforcement actions that...more

FOIA Litigation Unveils Important Supervisory Insights and Needed Reform

Troutman Pepper Locke on 6/6/2025

Following the Freedom of Information Act (FOIA) litigation brought against the Federal Deposit Insurance Corporation (FDIC) in 2024, on February 5, 2025, the FDIC released hundreds of pages of documents related to its...more

Nutter Bank Report: May 2025

Nutter McClennen & Fish LLP on 6/5/2025

The FDIC and OCC have rescinded policy statements adopted in 2024 that changed the ways each agency considered bank merger transactions and have reinstated their prior procedures for evaluating bank mergers. The FDIC on May...more

FDIC rescinds its bank merger policies in favor of previous one

Orrick, Herrington & Sutcliffe LLP on 6/2/2025

On May 20, the FDIC announced its intent to rescind the 2024 Statement of Policy and reinstate its prior Bank Merger Statement of Policy. This decision reflected the FDIC’s assessment that the 2024 Statement of Policy added...more

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

Troutman Pepper Locke on 5/29/2025

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal...more

Fed Withdrawal of Guidance Marks Milestone for Banks’ Future Crypto Activity

Patomak Global Partners on 5/27/2025

The federal banking agencies have withdrawn previously issued guidance related to banks’ crypto activities, marking a shift in regulatory posture toward digital asset engagement. On April 25, the Federal Reserve Board...more

FDIC Rescinds 2024 Merger Guidelines; House Votes to Repeal OCC Rule Under CRA

Sheppard Mullin Richter & Hampton LLP on 5/23/2025

On May 20, federal merger policy took a sharp turn as the FDIC voted to rescind its 2024 merger guidelines, and the U.S. House passed a Congressional Review Act (CRA) resolution to repeal the OCC’s 2024 merger rule....more

Certainty and Uncertainty, May 2025 - OCC Issues Interim Final Rule Undoing 2024 Merger Rule and Guidance

Cadwalader, Wickersham & Taft LLP on 5/16/2025

On May 8, the Office of the Comptroller of the Currency (“OCC”) issued an interim final rule rescinding the 2024 final rule to OCC merger procedures and an accompanying policy statement....more

Regulatory Process for Forming or Acquiring a Depository Institution

Goodwin on 5/13/2025

This third installment in our series of insights on bank charter considerations describes the process for seeking regulatory approval to form or acquire a bank....more

Banking Regulators Signal Change in Cryptocurrency Approach

Amundsen Davis LLC on 5/13/2025

The current administration has indicated an intention for the U.S. to be a leader in the cryptocurrency industry, as discussed in the recent webcast Bank Regulatory Agency Update Under DOGE: What Every Financial Institution...more

FDIC releases February 2025 CRA evaluations

Orrick, Herrington & Sutcliffe LLP on 5/12/2025

On May 5, the FDIC released a list of state non-member banks evaluated for compliance with the CRA during February 2025. Under the CRA, the FDIC assesses how effectively banks meet the credit needs of their entire community,...more

Bank Regulatory News and Trends - May 2025

DLA Piper on 5/9/2025

This regular publication from DLA Piper focuses on helping banking and financial services clients navigate the ever-changing regulatory landscape....more

Credibly Challenged Podcast: Interview with Ross Delston, Financial Crime Compliance Expert and Former FDIC Attorney

Mayer Brown on 5/9/2025

Matt Bisanz interviews Ross Delston, a financial crime compliance expert and former FDIC attorney. They discuss his views on the trends we should expect to see in financial crimefighting and AML compliance over the next few...more

Consequences of Forming or Acquiring a Depository Institution

Goodwin on 5/7/2025

This second installment in a series of insights on bank charter considerations describes the consequences of operating through an insured depository institution charter, including capital requirements, supervision and...more

Federal Banking Regulators Adopt a Permissive Stance on Cryptocurrency

K&L Gates LLP on 5/5/2025

The federal banking regulators have each recently adopted a more permissive approach to the regulation of cryptocurrency activities within the banking sector. The Office of the Comptroller of the Currency (OCC), the Federal...more

FRB Rescinds Previous Guidance Regarding Crypto Activities in the Banking Sector

Latham & Watkins LLP on 5/5/2025

FRB eases crypto restrictions on supervised entities in alignment with the new administration’s support for the digital asset industry....more

Regulators withdraw crypto guidance, plan further clarity for banks

Orrick, Herrington & Sutcliffe LLP on 5/5/2025

On April 24, the FDIC and the Fed announced they have retracted two joint statements concerning banking organizations’ activities related to crypto-assets. According to the agencies, this move aims to clarify that banking...more

FDIC Orders Bank to Pay $1.225 Billion for Alleged Interchange Fee Misclassification

Sheppard Mullin Richter & Hampton LLP on 5/2/2025

On April 18, the FDIC announced a consent order against a Delaware-based bank alleging that the bank engaged in unsafe and unsound banking practices and violated various federal consumer protection laws, including Section 5...more

Benefits of Operating Through a Bank Charter and Charter Choice Considerations

Goodwin on 5/1/2025

This is the first in a series of articles in our "So, You Want to Be a Bank?" series. More than 1,000 new banks were formed in the eight years before the Great Recession began in 2008. In comparison, the past 15 years...more

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – April 2025 # 5

Troutman Pepper Locke on 5/1/2025

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Nutter Bank Report: April 2025

Nutter McClennen & Fish LLP on 4/28/2025

The Federal Reserve has announced multiple decisions to rescind existing requirements for crypto-asset activities. The April 24 announcement included the rescission of a 2022 supervisory letter that required state member...more

Federal Reserve Withdraws Crypto-Related Guidance Including Notification Requirements for Banking Organizations

Jones Day on 4/28/2025

The Federal Reserve Board ("Board") softened its stance on regulation of crypto activity by banking organizations by rescinding supervisory letters that created hurdles for crypto-asset activities and by joining the Office of...more

Senate committee seeks information on DOGE’s impact at FDIC

Orrick, Herrington & Sutcliffe LLP on 4/28/2025

On April 24, four members of the U.S. Senate Committee on Banking, Housing, and Urban Affairs sent a letter to the FDIC requesting information regarding DOGE’s involvement at the FDIC. The senators are seeking information...more

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