News & Analysis as of

Financial Institutions

Cadwalader, Wickersham & Taft LLP

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

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

Cooley LLP

CFPB Withdraws Guidance Documents in Shift from Nonbinding Policymaking

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After ordering the review of all existing guidance put forth by the Consumer Financial Protection Bureau (CFPB), acting CFPB Director Russell Vought announced the withdrawal of almost 70 guidance documents dating back to the...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - May 15, 2025

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On May 15, the SEC withdrew the joint statement previously issued by the Division of Trading and Markets and the Financial Industry Regulatory Authority, Inc. (FINRA) regarding broker-dealer custody of digital asset...more

A&O Shearman

EC adopts delegated regulation amending RTS for market risk under CRR

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The European Commission has adopted Delegated Regulation (EU) 2025/878 amending regulatory technical standards (RTS) on technical details of back-testing and profit and loss attribution requirements, the criteria for...more

Paul Hastings LLP

Banking Nominees Advance, SEC Tackles Tokenization and OCC Issues Custody Guidance

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Several significant regulatory and policy developments took place this week in Washington. The Senate banking committee advanced several key nominations, including Michelle Bowman to serve as vice chair for supervision at the...more

Cozen O'Connor

Bipartisan AG Coalition Targets WeChat’s Alleged Role in Fentanyl-Linked Money Laundering

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A bipartisan coalition of six AGs, led by North Carolina AG Jeff Jackson, has sent a demand letter to WeChat US, Inc., seeking answers about the app’s alleged role in facilitating transnational money laundering operations...more

Sheppard Mullin Richter & Hampton LLP

CFPB Director Nominee to Move to Treasury Finance Role

On May 9, the U.S. Department of the Treasury announced that President Trump intends to nominate Jonathan McKernan to serve as the Undersecretary of Domestic Finance. McKernan had been awaiting Senate confirmation to lead the...more

Sheppard Mullin Richter & Hampton LLP

President Trump Signs Resolution Nullifying CFPB Overdraft Fee Rule

On May 9, President Trump signed a Congressional Review Act resolution repealing the CFPB’s final rule restricting overdraft fees at large financial institutions. The rule, originally finalized under the Biden administration,...more

Sheppard Mullin Richter & Hampton LLP

OCC Confirms Banks Authority to Offer Crypto Custody and Execution Services

On May 7, the OCC issued Interpretive Letter 1184, reaffirming that national banks and federal savings associations may provide cryptocurrency custody and execution services, including through sub-custodians. The OCC...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Unveils White Collar Enforcement Overhaul: New Incentives, Streamlined Policies and Expanded Whistleblower Rewards

Revisions to Department of Justice (DOJ) white collar enforcement policies provide enhanced incentives for voluntary self-disclosure and clarify the consequences of failing to disclose wrongdoing. At the same time, expanded...more

Frost Brown Todd

The State of the CFPB Amid Reduction in Force Litigation

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The Consumer Financial Protection Bureau (CFPB) has been at the center of significant legal and operational turmoil in recent months. Ongoing litigation surrounding the CFPB’s reduction in force (RIF) will likely reshape the...more

Mayer Brown

In Another Reversal, the CFPB Dismisses Case Against National Collegiate Student Loan Trusts

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On April 28, 2025, the District Court for the District of Delaware granted a joint motion to dismiss with prejudice a lawsuit brought by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) against the National...more

Benesch

AI Reporter - May 2025

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The use of AI in banking was a topic in April, as Bank of America revealed it will spend $4 billion on AI initiatives in the coming year. The bank cited AI’s usefulness in reducing IT support calls and the over 90% usage...more

White & Case LLP

“Unsubstantiated” suspicious transaction reports

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While financial institutions, on the one hand, are in the process of implementing and preparing to apply the fundamental amendments and changes that will take place in upcoming years by the EU AML Package—entering into force...more

Bradley Arant Boult Cummings LLP

Takeaways from the CFPB’s Withdrawal of Guidance

Effective May 12, 2025, the Consumer Financial Protection Bureau (CFPB) formally revoked 67 different guidance documents by publishing a notice in the Federal Register. The CFPB’s action covers various guidance documents,...more

Amundsen Davis LLC

5 Reasons Your Bank Needs an AI Policy (Right Now)

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Banks of all sizes must confront the rapid integration of artificial intelligence within their institutions (and everywhere, for that matter). AI tools are already widely used, often without proper oversight, as employees and...more

Jones Day

Hong Kong's Highest Court Issues Ruling on Keepwell Deeds

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On March 19, 2025, the Hong Kong Court of Final Appeal ("CFA") issued a landmark ruling on the enforceability of "keepwell deeds" in Peking University Founder Group Company Limited v. Nuoxi Capital Limited....more

Ankura

Challenges in Data Sharing between Banking Partners

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Life in the United States and most modern industrialized countries is driven primarily by data. Google alone processes 20 Petabytes of data every day (1 petabyte = 1 million gigabytes. Economies are built on data; marketing...more

Troutman Pepper Locke

State AGs Unite: New Privacy Task Force Signals Shift in Regulatory Power Dynamics — The Consumer Finance Podcast

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In this crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis, Kim Phan, and Stephen Piepgrass provide insights on a new joint privacy task force among several state AGs, known as the...more

Goodwin

Crypto-Assets: AMF Aligns with Six Sets of European Supervisory Guidelines under MiCA Regulation

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As part of the implementation of the European Markets in Crypto-Assets Regulation (MiCA), the French Financial Markets Authority (AMF) has announced its compliance with six sets of guidelines adopted by European Supervisory...more

American Conference Institute (ACI)

[Event] Global Anti-Corruption, Ethics & Compliance - June 10th - 11th, New York, NY

ACI's Global Anti-Corruption, Ethics & Compliance – New York is your best opportunity to hear how companies are addressing the status of DOJ and SEC priorities, effective compliance and risk strategies, strengthening...more

Amundsen Davis LLC

What Trump’s Order on Disparate-Impact Liability Means for Banks and Financial Institutions

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On April 23, 2025, President Donald J. Trump signed an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order states that the U.S. aims to limit the use of disparate-impact liability in order...more

Holland & Knight LLP

CFPB Overdraft and Digital Payment Rules Repealed by Trump Administration

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President Donald Trump on May 9, 2025, signed into law measures to eliminate two CFPB rules established under the Biden Administration. The first rule repealed was the CFPB's Overdraft Rule, one aspect of the Biden...more

Cooley LLP

[Webinar] Session 5: The 119th Congress: Investigative and Legislative Priorities - May 29th, 1:00 pm - 2:00 pm EDT

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Cooley’s financial services enforcement and regulatory team is excited to bring you our Five in Five virtual series. These five weekly webinars during the month of May will cover trends in consumer financial services and...more

K&L Gates LLP

European Union Adopts 16th Package of Sanctions Against Russia

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In a bid to further increase the pressure on Russia, the Council of the European Union has adopted additional measures which have been introduced in its 16th sanctions package. The new measures amending the framework Council...more

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