United States: Financial Services

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Fastest Route To Market: Money Transmission Licensing Roadmaps For Fintechs
As FinTech companies mature beyond initial money transmission licensing and sponsor-bank arrangements, they face strategic decisions about specialized charters and hybrid regulatory structures. This article examines when Wyoming SPDIs, Puerto Rico IFEs, and modular licensing approaches become relevant for digital asset custody, international treasury, and institutional services.
United States Finance
TS
Taft Stettinius & Hollister
Article
The Art Of Foreclosure: Applying Sun Tzu’s 6th Century Principles To 21st Century Asset Recovery
Drawing from Sun Tzu's ancient military treatise, this article explores strategic approaches lenders can employ when commercial loans default, examining how timeless principles of warfare apply to the modern lender-borrower relationship. The piece outlines tactical considerations for asset recovery, from initial assessment through workout negotiations, emphasizing the importance of preparation, flexibility, and cost-effective resolution strategies.
United States Finance
B
Bracewell
Podcast
The Supreme Court Opinions In Trump v. Slaughter And Trump v. Cook: What Do They Mean For The Future Of The Administrative State? (Podcast)
The Supreme Court's June 2026 decisions in Trump v. Slaughter and Trump v. Cook have created a constitutional crossroads for federal agencies and presidential power. Professor Lev Menand of Columbia Law School joins the Consumer Finance Monitor podcast to examine whether these seemingly contradictory rulings establish meaningful protections for independent agencies like the Federal Reserve, or whether they signal a fundamental restructuring of the administrative state that will reshape financial regulation
United States Government
BS
Ballard Spahr LLP
Article
State Financial Regulators Release AI Supervisory Framework
The Conference of State Bank Supervisors has released a comprehensive AI Supervisory Framework designed to guide state examiners in assessing artificial intelligence use at financial institutions. This framework provides a detailed roadmap covering governance, risk management, and examination procedures, with particular emphasis on generative and agentic AI applications. Financial institutions should consider using this framework proactively to evaluate their AI readiness and prepare for regulatory examinat
United States Finance
S
Steptoe LLP
Article
CSBS Releases Artificial Intelligence Supervisory Framework: What Financial Institutions Should Know
The Conference of State Bank Supervisors has released a new Artificial Intelligence Supervisory Framework that provides state regulators with a comprehensive roadmap for evaluating how financial institutions deploy and manage AI systems. This examiner guide emphasizes risk-based governance, enterprise-wide AI inventories, and heightened scrutiny of generative and agentic AI technologies, while maintaining that existing consumer protection and safety obligations remain fully applicable to AI-enabled decision
United States Finance
MV
Moore & Van Allen
Article
Proposed Expansions To The Accredited Investor Definition For Natural Persons
The Securities and Exchange Commission has published notices aimed at modernizing the "accredited investor" definition, potentially introducing an accredited investor exam and expanding professional designations that qualify individuals for private market investments. These proposed changes could significantly broaden access to private capital markets beyond traditional wealth-based criteria by recognizing financial sophistication through knowledge-based qualifications.
United States Finance
MB
Mayer Brown
Article
Sixth Circuit Narrows Swap Definition And Rejects Preemption Of State Sports-Betting Laws
The Sixth Circuit's decision in KalshiEX LLC v. Schuler examines whether prediction market sports-event contracts qualify as federally regulated "swaps" under the Commodity Exchange Act and whether state gambling laws can restrict them. The ruling deepens a circuit split over derivatives regulation, with different federal courts reaching conflicting conclusions about the same contracts across multiple jurisdictions.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
FDIC Issues Proposal On Bank Merger Transactions, Signaling Modernized Approach To Merger Review
The FDIC has proposed sweeping reforms to its bank merger review process, introducing rapid processing frameworks, expanded safe harbors, and modernized competitive analysis methods. These changes promise to streamline approval timelines and reduce regulatory burden for state nonmember banks pursuing merger transactions, while establishing clearer standards for evaluating financial stability and competitive effects.
United States Finance
SA
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Article
SEC Proposes To Significantly Expand Performance Fee Eligibility
The SEC has proposed sweeping changes to performance fee rules that would allow all regulated funds—including mutual funds and ETFs—to charge performance fees on capital gains and appreciation, while simultaneously expanding access by redefining who qualifies as eligible to pay such fees. The proposal introduces a 20% cap on performance fees, new governance requirements, and enhanced disclosure obligations that could fundamentally reshape how investment advisers structure compensation arrangemen
United States Finance
D
Dechert
Article
Defining ‘Securities’ Under Regulation W: Looking To Federal Securities Laws
When does an instrument issued by an affiliate qualify as a "security" under Regulation W? The Federal Reserve's broad interpretation, guided by federal securities laws and landmark Supreme Court tests, means banks cannot assume traditional classifications apply. Partnership interests, LLC memberships, and structured products may all trigger compliance requirements depending on their characteristics.
United States Finance
DM
Duane Morris LLP
Article
NC Crypto Kiosk Law Opens Door To Stricter Fraud Regs
North Carolina has joined a growing number of states seeking to address the consumer protection risks associated with cryptocurrency kiosks. On July 8, Gov. Josh Stein signed H.B. 920 into law, creating the Virtual Currency Kiosk Consumer Protection Act, which provides a comprehensive regulatory framework governing virtual currency kiosks operating in the state. The act takes effect on Jan. 1, 2027.
United States Finance
MV
Moore & Van Allen
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