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Winter Regulatory Insight
December 7, 2023
In This Issue ...
Vice Chair Barr Speaks on Liquidity Risk Management and Preparation for Use of Discount Window
CFPB's Personal Financial Data Rights Proposed Rule, Part 4
SEC Adopts a Rule Prohibiting Conflicts of Interest in Certain Securitizations
The UK’s FCA Consults on Changes to Allow Recognition of Overseas Funds
EU Council Adopts New European Green Bond Standard
Clarity in a Complex Year
November 30, 2023
In This Issue ...
FDIC Issues Q3 Quarterly Banking Profile
Glass Lewis Releases Its 2024 Proxy Voting Guidelines for UK Listed Companies
The UK’s FCA Reports on a Multi-firm Review of Investment Firms Internal Capital Adequacy Assessment Processes
EU Market Regulator Finds 400% Increase in Use of ESG Language in Fund Names
Regulatory Resonance
November 16, 2023
In This Issue ...
FRB, FDIC, OCC and NCUA Testify at Congressional Oversight Hearings
Consumer Credit and Leasing Thresholds Updated for 2023
ISDA Publishes Updated General Disclosure Statement for Transactions
AIFMD II and Loan Origination Funds
The UK’s FCA Shares Observations on ‘Market Soundings’
ISS: Challenges Remain in Interoperability of Sustainability Disclosure Standards
CFPB Regulates Tech Now?
November 9, 2023
In This Issue ...
CFPB Takes on Big Tech in Larger Participant Rulemaking on Digital Wallets and Payment Apps
FHFA Releases Report on Federal Home Loan Banks
Technology and Other Obligations for the CFPB's Personal Data Financial Rights Rule, Part 3
CFTC’s Proposal on Investment of Customer Funds
DOL Issues New Proposed Fiduciary Rule
Changes to the UK Financial Promotions Rules
Australian Government Seeks Input on Implementation of Carbon Credit Scheme
Colder Temps, Hot Topics
November 2, 2023
In This Issue ...
Federal Banking Agencies Finalize Interagency Climate-Related Risk Management Principles
A Further Look at the FRB’s Debit Interchange Cap Proposal
Entities Subject to the CFPB's Personal Data Financial Rights Proposed Rule, Part 2
Financial Services and the Biden Artificial Intelligence Executive Order
SEC Exempts Brokers and Dealers From Rule 15c2-11 Review and Recordkeeping Requirements for Quotations on 144A Fixed Income Securities
The UK’s PRA Discusses Securitisation Capital Requirements and Basel 3.1
The UK Government Announces Plans for the Regulation of Fiat-Backed Stablecoins
U.S. Treasury Unveils Principles to Guide Financial Institutions’ Net-Zero Commitments
Tis the Season
October 26, 2023
In This Issue ...
CFTC Issues Proposed Rule to Modify Regulation 4.7 Exemptions
Federal Banking Agencies Finalize Community Reinvestment Act Rules
Federal Reserve Board Proposes Adjusting Debit Interchange Caps in Accordance with the Durbin Amendment
The CFPB's Personal Data Financial Rights Proposed Rule, Part 1
SEC Adopts Final Rules to Amend Beneficial Ownership Reporting Rules
ECB Stress Test: Bank’s Credit Risk Doubles by 2030 under Slower Climate Transition
Assessment of Major Banks Shows Disclosure Gaps in Finance Directed Towards Climate Solutions
Spanning the Globe
October 19, 2023
In This Issue ...
CFPB Warns of Dangers Related to Nonbanks Managing Payments and Issuing Stablecoins Outside of the Banking System
FRB Governor Bowman Speaks on Financial Stability
CFPB Announces Large Banks and Credit Unions May Not Charge for Account Information
The UK’s Chief Banking Regulator Talks About Lessons Learnt About Managing Bank Failures
Hong Kong’s Central Banking Institution Directs Banks to Ramp Up Net Zero Transition Planning
Be Resilient
October 12, 2023
In This Issue ...
Jurisdictional Boundaries Between CFTC Swaps and SEC Security-Based Swaps Clarified
Vice Chair Barr Speaks on Capital Endgame Proposal
The Basel Committee and the Financial Stability Board Publish Reports on Lessons Learned From Recent Bank Failures
Investor Group FAIRR Calls on G20 Finance Ministers to Reform Agricultural Subsidies Regimes
Euronext Launches New Sustainable Investment Tools and ESG Initiatives
Questions of Funding
October 5, 2023
In This Issue ...
CFPB Funding Challenge: Supreme Court Appears Skeptical
Fed Issues FAQs Clarifying That Credit-Linked Notes Can Serve as Valid Capital Relief Tools for U.S. Banks
Fight Over Political Event Futures Contracts Remains Contentious
CFTC Extends OCR Final Rule Relief
European Commission Consultation on SFDR
The UK Consults on Clarification of the Requirements for Capitalisation of FX positions
ESMA Launches Fifth Stress Test Exercise for Central Counterparties That Includes Climate-Related Risks
Inclusive Finance
September 28, 2023
In This Issue ...
UK Announces Changes to Basel 3.1 Dates
UK Consults on Proposals to Boost Diversity and Inclusion in Regulated Firms
FDIC Releases SOD Data
IAASB Launches Consultation on ISSA 5000, the Proposed Global Sustainability Assurance Standard
Treasury Delivers Mother Lode of Tax Reporting Rules to the Crypto Industry’s Doorstep
Credit Check
September 21, 2023
In This Issue ...
CFPB Issues Guidance on Credit Denials by Lenders Using Artificial Intelligence
FDIC Chair Speaks on Risks of Nonbank Financial Institutions Resolution of Large Regional Banks
FCA’s Introduction of a Gateway for Firms to Approve Financial Promotions
IOSCO Consults on Good Practices for Leveraged Loans and CLOs
Investor Groups Raise Concerns Over European Sustainability Reporting Standards
On the Pulse
September 14, 2023
In This Issue ...
CFTC Enforcement Focus on DeFi
Bye-bye BSBY?
Multistate and CFPB Enforcement Actions Against Lease Finance Company Tempoe
FDIC Issues Bank Failure Post Mortem Report
The UK Introduces Repayment Concessions for Residential Mortgages
EU Commission Releases 2023 Strategic Foresight Report Focusing on Environmental and Social Well-Being Objectives
Global Change
September 7, 2023
In This Issue ...
CFTC Further Expands the Definition of CTA
Industry Trades Really Don’t Like the Basel III Endgame Proposal
NIST Stablecoin Report Highlights Security and Stability Concerns
UK Securitization Reform Opts for Modest Approach, for Now
UK Climate Change Committee’s 2023 Progress Report Urges Action to Meet Climate Targets
France and UK Announce Roadmap to Boost Biodiversity Credit Market
Long-Term Debate
August 31, 2023
In This Issue ...
The Three Federal Banking Agencies Propose Long-Term Debt Requirement for All Large Banking Organizations
FDIC Board Meeting Tackles a Meaty Agenda
Changes to Trading Rules Now Effective Under New Financial Services and Markets Act 2023
Must Reading
August 25, 2023
In This Issue ...
SEC Adopts Extensive New Rules for Investment Advisers to 'Private Funds'
FDIC to Meet Next Week on a Number of Proposals
CFPB Previews Upcoming Proposed Rules Under the FCRA That Will Address Artificial Intelligence
Resolutions and Revolutions
August 17, 2023
In This Issue ...
FDIC Chair Speaks on Resolution of Large Regional Banks
FDIC's Annual Risk Review Includes Crypto Risks for First Time
DC Court Recharacterizes Futures Contracts into Security Futures
The UK Proposes Changes to the Regulation of Equity Secondary Markets
CFTC Urges Potential Whistleblowers to Report Carbon Credit Misconduct
ESMA Outlines Expected Sustainability Disclosures in Prospectuses
EU Commission Adopts Final Sustainability Reporting Rules
Well, That's Novel
August 10, 2023
In This Issue ...
Regulatory and Transactional Implications of Recent Moody’s Bank Ratings Downgrades
Fed Establishes Novel Activities Supervision Program
Federal Reserve Says Permission Required for State Banks to Be Involved in Stablecoin Issuance
UK Rules on Margin Requirements for Non-Centrally Cleared Derivatives
Next Steps in the Proposed Replacement of the UK Securitisation Regulation
Basel Committee Issues Guidance on Core Principles for Effective Banking Supervision
Summer Assignment
August 3, 2023
In This Issue ...
Capital Idea? Risk-Based Capital, Capital Relief Trades and the Proposed Basel III Endgame Capital Rules
The UK Consults on New Securitisation Rules
Staying Active
July 27, 2023
In This Issue ...
SEC Disclosure Requirements for Material Cybersecurity Incidents Updated
SEC Proposes Rule to Address Use of AI By Broker-Dealers and Investment Advisors
FDIC Issues Reminder to Banks on Reporting of Uninsured Deposits
FedNow Is Live!
Take Two: The Lummis-Gillibrand Crypto Assets Bill 2.0
JPMorgan Outlines Voluntary Carbon Market Principles
Bloomberg Law: CFPB Enforcement Lags in Federal Court Due to Supreme Court Case
Non-Profit Targets U.S.-Based Bank’s ESG Investment Strategies
Political Agreement Reached on Proposed Directive Amending Both AIFM and UCITS Directives
Let's Be Fair
July 20, 2023
In This Issue ...
Vice Chair Barr Speaks on Fair Lending in Age of AI
FTC and DOJ Jointly Issue Draft Merger Guidelines
The UK and Europe Introduce New Securitisation Rules
The UK’s Regulator Writes to Asset Managers about Liquidity Management
European Financial Regulators Define Greenwashing, Outline Risks and Propose Mitigation Approaches
Report Makes Recommendations for Financial Institutions to Advance Climate-Action Initiatives
Capital News from the Capital
July 13, 2023
In This Issue ...
Fed Vice Chair Barr Delivers Results of Holistic Capital Review
CFPB Amicus Brief Emphasizes Strength of Truth In Lending Act Anti-Evasion Precedent
The UK Proposes Changes to Short Selling Regime
Global Banking Regulators Plan to Develop Short-Term Climate Scenarios
Summer Slowdown?
July 6, 2023
In This Issue ...
Banking Agencies Finalize Interagency Policy Statement on CRE Loan Workouts
FCA Announces That USD LIBOR Is Not Representative
The EU and the UK Enter into a Memorandum of Understanding on Regulatory Cooperation
Life Without LIBOR
June 29, 2023
In This Issue ...
A LIBOR Commencement Speech
Federal Reserve Releases Results of Stress Tests
FATF Reports Lackluster Global Adoption of Cryptocurrency AML Requirements
Federal Trade Commission Files Friend of the Court Brief in Equal Credit Opportunity Act Case
Hit Parade
June 22, 2023
In This Issue ...
Ask Permission, Not Forgiveness for Responsible Innovation: Acting Comptroller Hsu Discusses Tokenization and AI
CFTC Enforcement Encourages Carbon Markets Whistleblowers
DOJ Antitrust Assistant AG Speaks on Bank Merger Policy
CFTC Issues Notice of Proposed Rulemaking in Connection with Risk Management Program Regulations for SDs, MSPs and FCMs
The United Kingdom Introduces New Rules for Marketing Cryptoassets
UN-Initiated and Bank-Led Working Group Formed to Encourage Banks to Achieve Biodiversity Targets
What's the Risk?
June 15, 2023
In This Issue ...
OCC Issues Latest Semiannual Risk Perspective
Agencies Issue Proposed Interagency Guidance on Real Estate Appraisal Reconsiderations of Value
The European Banking Authority’s Guidelines on Resolvability
WBA Releases First Financial System Benchmark
Spreading Like Wildfire
June 8, 2023
In This Issue ...
Risks Associated with Clearing Digital Assets
Banking Agencies Finalize Interagency Guidance on Third-Party Risk Management
The UK’s Model Risk Management Principles for Banks
ECB Reports Progress, Identifies Gaps in Banks’ Climate-Related Disclosures
Dotting I's and Crossing T's
June 1, 2023
In This Issue ...
OCC Issues Updated Enforcement Action Policies and Procedures Manual
FDIC Issues Q1 Quarterly Banking Profile
International Securities Watchdog IOSCO Proffers Global Crypto Standards
Securities Litigation Alert: Ninth Circuit Clarifies Standards Governing the Statute of Limitations for Private Claims Under Section 10(b) of the Securities Exchange Act of 1934
We Remember and Honor
May 25, 2023
In This Issue ...
FDIC Chair Speaks on Importance of Financial Inclusion and Safety of Deposit Insurance
CFTC Issues Advisory on Prime Brokerage Arrangements on SEFs and DCO Registration Requirements
ESMA Publishes Consultation Paper on ELTIF Draft Regulatory Technical Standards
Exploring UK Regulatory Reform Amid Global Bank Failures
Peeling Back the Onion
May 18, 2023
In This Issue ...
More Congressional Hearings on Bank Failures
Proposed Bicameral Legislation to Broaden FERC’s Enforcement Jurisdiction over Trading Energy Commodities
The UK’s Financial Conduct Authority Consults on Changes to the Rules on Remuneration
ECB Releases Results of 2022 Eurosystem Balance Sheet Climate Risk Stress Test
Past, Present and Future
May 11, 2023
In This Issue ...
FDIC Proposes Special Deposit Insurance Assessment After Systemic Risk Exception
Enhancing Disclosure Requirements for Derivatives
Federal Reserve Issues Latest Financial Stability Report
UK’s Prudential Regulation Authority Publishes Annual Business Plan
The Verdict Is In
May 4, 2023
In This Issue ...
FRB, FDIC and GAO Release Reports Reviewing Supervision of Silicon Valley Bank and Signature Bank
Considerations for Counterparties Whose Swaps Are Transferred from First Republic to J.P. Morgan
The UK’s Financial Conduct Authority Proposes Significant Reforms of Listing Rules
Unlocking Sustainability-Linked Loans
Let's Talk LIBOR
April 27, 2023
In This Issue ...
ARRC Updates its Recommendations for Use of Term SOFR
LIBOR Transition: The Final Leg of the Marathon
OCC and FDIC Provide Supervisory Guidance on Certain Overdraft Practices
The European Banking Authority Publishes Draft Guidelines on STS Criteria for On-Balance-Sheet Securitisations
FCA Delays Introduction of Sustainability Disclosure Requirements
Welcoming Smridhi Gulati to Our Expanding Leveraged Finance & Private Credit Team
Spring Fever
April 20, 2023
In This Issue ...
FDIC Releases Semiannual Update on the Deposit Insurance Fund Restoration Plan
Bank of England and CFTC Announce Agreement on CCP Supervision
Financial Conduct Authority Calls for Improvements in ESG Benchmarks
Cadwalader Adds Leading Specialty Finance and Securitization Partner Ryan McNaughton
New Questions in Q2
April 13, 2023
In This Issue ...
FDIC Vice Chair Hill Speaks on Recent Bank Failures
Bloomberg Law: Current State of Crypto Regulation in New York
Preparing for the New SEC Electronic Filing Requirements for Form 144 – What Public Companies and Their Affiliates Need to Do to Be Prepared
The UK’s Financial Conduct Authority Publishes Its 23/24 Business Plan
No Break on Spring Break
April 6, 2023
In This Issue ...
First Attempt to Regulate Spot Digital Asset Activities
CFTC Charges Binance and its Founder with Multiple CEA Violations
SDNY Accepts Argument That Crypto Is Subject to Electronic Fund Transfer Act/Regulation E
FCA Compels the Publication of ‘Synthetic’ USD LIBOR
Small Business Lenders Subject to New CFPB Data Reporting Rule
A Brief Round-Up from the UK
Diversity on Boards of UK-Listed Companies and Large Private Companies
Nuclear Power Classified as Environmentally Sustainable in UK's Green Taxonomy
A Closer Look
March 30, 2023
In This Issue ...
Congressional Hearings Calling Federal Regulators to Task for Recent Bank Failures
Second Circuit Rules CFPB Funding Mechanism Is Constitutional, Deepening Split with Fifth Circuit
CFPB Seeks Comments Regarding the Collection and Sale of Consumer Information by Data Brokers
Basel 3.1 – Implications for the Real Estate Finance Market
European Commission Aims to Tackle Greenwashing in Latest Proposal
Onward and Upward?
March 23, 2023
In This Issue ...
FDIC Seeks More Bids for SVB Receivership Assets
SVB Financial Group Chapter 11 Case – Issues with the FDIC May Be Front and Center
Central Banks Band Together for U.S. Dollar Liquidity
The FCA Discusses the Future Framework of Asset Management Regulation
Beyond the Headlines – Three Global Banks Update Emissions Financing Reduction Targets
EU Publishes Green Bond Standard
Moving Forward
March 16, 2023
In This Issue ...
We're Here to Help
FRB Establishes Bank Term Funding Program to Aid Liquidity Availability
July Launch of FedNow Service
Financial Conduct Authority Updates its Statement on the London Metal Exchange’s Suspension of the Nickel Market
The UK’s Prudential Regulation Authority Proposes Changes to Deductions for Non-Performing Exposures
Special Alert: SVB, Signature Bank and the CFTC
March 15, 2023
SVB and Signature Bank Resolution – CFTC-Related Implications
We're Here to Help
The Crypto Conversation
March 9, 2023
In This Issue ...
CFTC Enforcement − Aiding and Abetting Liability
Acting Comptroller Hsu Compares FTX to BCCI Rather than Other Failures
Tri-Seal Compliance Note Warns of Sanctions Evasion
UK and EU Regulators to Restart Post-Brexit Trade Discussions
PRA to Consider Impact of Climate Change on Financial Stability
A Continuing Saga
March 2, 2023
In This Issue ...
The Supreme Court Grants Petition to Decide Constitutionality of CFPB Funding
FRB Releases LISCC Supervision Manual
Expanding Regulatory Reach over Intermediaries That May Constitute Regulated Exchanges
Yellen Calls on World Bank to Take Decisive Action on Climate Change
Crypto, Crypto Everywhere
February 23, 2023
In This Issue ...
Banking Agencies Issue Joint Statement on Crypto-related Liquidity Risks
FDIC Continues to Police Crypto Industry for Deposit Insurance Claims
New York Department of Financial Services Issues Regulations Regarding Commercial Finance Disclosures
UK's PRA Sets Regulatory Priorities for International Banks
FRB Governor Bowman Speaks on Bank Regulation and Supervision
Big Changes
February 16, 2023
In This Issue ...
Vice Chair Brainard Resigns from Fed to Head Up NEC
CFPB Guidance Affects Mortgage Comparison-Shopping Websites
FRB and OCC Release 2023 Stress Test Scenarios
FCA Issues Warning to Cryptoasset Firms
ECB Board Member Proposes Intensification of Climate-Related Action
Making a Difference
February 9, 2023
In This Issue ...
Vice Chair Barr Speaks on Financial Inclusion
InDepth: CFTC’s Regulatory Priorities for 2023
SEC Re-Proposes a Rule Prohibiting Conflicts of Interest in Certain Securitizations
ECB Publishes Climate-Related Statistical Indicators to Promote Assessment and Measurement
UK Government Consults on Expanding the Cryptoasset Regulatory Perimeter
Cadwalader Adds Leading Government Enforcement, Compliance and Investigations Partners Martin Weinstein and Jeffrey Clark in Washington, DC
What Shadow?
February 2, 2023
In This Issue ...
FRB Issues Policy Statement on Permissible Activities of State Member Banks While Denying Uninsured Crypto-focused Bank’s Membership Application
ISDA Publishes Digital Asset Derivatives Definitions and Accompanying Whitepaper Addressing Netting and Collateral Issues
New FCA Consumer Duty of Care
NYC Comptroller and Pension Funds Advocate for Banks to Establish Interim Absolute GhG Emissions Targets
Climate Activist Sends Shareholder Proposals to Multiple U.S. Banks
Welcoming Our New Leveraged Finance and Private Credit Team
Back in Time
January 26, 2023
In This Issue ...
SEC Re-Proposes Dodd-Frank Act Section 621 Conflicts of Interest Rule
CFPB Reiterates Position on ‘Negative Option’ Programs
CFTC Chair Confirms CFTC's Planned Involvement in Policing the U.S. Carbon Markets
Federal Reserve Announces Pilot Climate Scenario Analysis Exercise Details
Changes to UK PRIIPs Rules
Back to the Future ... Cryptocurrency Tax Reporting
New and Newsworthy
January 19, 2023
In This Issue ...
Acting Comptroller Hsu Speaks on Too-Big-to-Manage Rather Than Too-Big-to-Fail
Regulators Sharpen Focus on Anti-Money Laundering Expectations for Crypto Industry
CFPB Issues Proposed Rule on Form Contracts
Biden Administration Takes Aim at ‘Junk’ Fees
The UK’s PRA Publishes Consultation on Basel 3.1
And the Beat Goes On
January 12, 2023
In This Issue ...
FRB Chair Powell Speaks on Central Bank Independence
EBA’s Final Report on Draft Technical Standards on the Identification of a Group of Connected Clients
IOSCO Launches a Consultation on Compliance and Voluntary Carbon Markets Design
Ringing in the New Year – Practical Tips for Public Companies to Implement the New SEC Rule 10b5-1 Trading Plan Rules in Their Internal Policies and Procedures
Celsius Earn Depositors May Be Left Cold by Crypto Ownership Ruling
Where Do We Go from Here?
January 5, 2023
In This Issue ...
Bank Regulators Issue Joint Statement on Crypto-Asset Risks
In Depth: Federal Reserve Issues Final Rule Implementing LIBOR Act
Latest CFTC Action on LIBOR Transition
UK Regulators Fine Leading Bank £48m for Operational Failings
ESMA Publishes Final Cross-Border Marketing Technical Standards
Banking Agencies Extend Reg. O Relief
In Depth: SEC Adopts Tougher Trading Rules for Corporate Insiders
Looking Back/Looking Ahead
December 15, 2022
In This Issue ...
DOJ, SEC and CFTC Announce Parallel Criminal and Civil Charges Against Sam Bankman-Fried, FTX Trading and Alameda Research
SEC’s Division of Corporation Finance Heightens Expectations for Crypto Disclosures
Looking Back on 2022 and Looking Ahead to 2023 – U.S. Prudential Bank Regulation
New Bipartisan Bill Takes Aim at Digital Asset Money Laundering and Terrorism Finance
A Closer Look at the UK Chancellor’s ‘Collection of Announcements’
What's Next for the UK and the EU?
European Supervisory Authorities Publish Joint Advice on the Review of the Securitisation Prudential Framework
Welcoming Our New ESG Finance and Investment Partner Sukhvir Basran
A Flurry of Activity
December 8, 2022
In This Issue ...
Vice Chair Barr Speaks on Capital Levels
DOL Issues Final Rule Amending Investment Duties Regulation – Provides New Guidance on Consideration of ESG Factors in Plan Investing
FRB Proposes Climate-Related Financial Risk Management Principles
CFPB Takes Down High-Yield Savings Account Scam, Defendants Also Charged By the SEC
Bond Traders Face Ban for Market Abuse in the UK
Welcoming Our New Financial Regulatory Partner Alix Prentice
Coming Down the Homestretch
December 1, 2022
In This Issue ...
Rule 15c2-11 Update: The SEC Provides Temporary Relief for Fixed Income Rule 144A Securities Until January 4, 2025
FRB and FDIC Provide Resolution Plan Feedback to Eight U.S. G-SIBs
Senator Wyden Seeks Information from Crypto Exchanges Regarding Their Financial Stability and Customer Protections in the Event of Bankruptcy
FCA Seeks Feedback on ‘Synthetic’ USD LIBOR
EU Consultation on ESG Fund Names and SFDR Q&As
Being Thankful
November 23, 2022
In This Issue ...
President Biden Nominates Martin Gruenberg as Chair of FDIC (Again)
FTC Delays Safeguards Rule Implementation for Certain Financial Institutions
CFPB Seeks Supreme Court Appeal of Funding Ruling
Regulation: IOSCO Begins Consultation on Carbon Markets
European Regulators Launch Joint Consultation on Greenwashing
Business as Usual?
November 10, 2022
In This Issue ...
The Impact of FTX’s Collapse: Insights on What Comes Next
Federal Reserve Issues Latest Financial Stability Report
Turning Towards Tuesday
November 3, 2022
In This Issue ...
CFTC and SEC Issue Guidance on Security-Based Swaps and Fraud in OTC Swap Disclosures
Consumer Financial Protection Bureau Kicks Off Extensive Privacy Rulemaking Process
FDIC Chair Speaks on Unbanked and Underbanked Survey
FCA Publishes Consultation Paper on UK Sustainability Disclosure Requirements
EU Publishes Final Text of ELTIF Regime
Central Banks Should Consider Climate and Biodiversity Shocks When Stress Testing Financial Institutions
A Big Thank You
What's Next?
October 27, 2022
In This Issue ...
Fifth Circuit Ruling Chills Consumer Financial Protection
FDIC Acting Chair Talks Prudential Regulation of Crypto-Assets
Disclosure: Financial Institution Advertisement Banned by UK Regulator
Disclosure: ‘Green Hushing’ Climate Targets
ESG Ratings: A Call for Greater Transparency and Precision Amid the Chaos of the Current Landscape
Busy, Busy
October 20, 2022
In This Issue ...
FRB and FDIC Issue Joint ANPR on Possible Resolution Requirements for Large Banking Organizations While FRB and OCC Approve U.S. Bank MUFG Union Bank Merger
FDIC Finalizes 2 Basis Point Increase in Deposit Insurance Assessment Rates
From Russia with Sanctions – Cayman Introduces General Licence for Certain Funds
Registration Closing for Finance Forum
What's the Plan?
October 13, 2022
In This Issue ...
OCC Releases Bank Supervision Operating Plan
CFTC Sanctions Registered CTA for Operating Unregistered SEF
European Commission Presents Report to the European Parliament and Council on Functioning of EU Securitisation Regulation
Sequana: What You Need to Know
Registration Deadline Approaching for 2022 Finance Forum
Change the Channel
October 6, 2022
In This Issue ...
Eleven Financial Institutions Pay $700 Million to Settle Recordkeeping and Supervision Violations Related to Off-Channel Business Communications
FRB Governor Bowman Spells Out Her Principles for Supervision and Regulation
EU Announces Final Text of Crypto-Assets Regulations
FCA Issues Statement on the End of Synthetic Sterling LIBOR
European Supervisory Authorities Publishes 2023 Work Programme
2022 Finance Forum Keynoter Muggsy Bogues: ‘Small Ball Meets Big Finance’
No Surprises
September 29, 2022
In This Issue ...
FRB Governor Bowman Speaks on Banking Competition
DAOs in CFTC’s Enforcement Crosshairs
New Executive Order Directs CFIUS on Review of Covered Transactions
Second Circuit Rules in Favor of Citibank in Accidental $500m Transfer in Revlon Loan Transaction
Delving into Digital Assets
September 22, 2022
In This Issue ...
White House Fact Sheet: Comprehensive Framework for Responsible Development of Digital Assets
Crypto-Assets and Climate Change – It’s Complicated
White House Announces Intent to Nominate Two Republicans to FDIC Board
Cadwalader Finance Forum Returns October 27
Taking a Gamble
September 15, 2022
In This Issue ...
Unpredictable Future of Political Prediction Markets
FCA’s Supervision Strategy for Benchmark Administrators
In Depth: Summary of Notable Comments to Federal Banking Agencies’ Interagency Proposal to Update Community Reinvestment Act Rules
Welcoming Nationally Renowned White Collar Defense Partners Kenneth Breen and Phara Guberman
Cool It
September 8, 2022
In This Issue ...
FRB Vice Chair of Supervision Barr Gives First Speech Since Taking Office
Non-Creditor Advertising of Credit Pre-Approvals Likely Deceptive
FDIC: Consumers Need Awareness of ESG Concerns, Too
In Depth: U.S. Bankruptcy Code Safe Harbors Protect Against Foreign Law Avoidance Claims under Chapter 15
Welcoming Leading Financial Restructuring Partner Mike Rupe
So Long, Summer
September 1, 2022
In This Issue ...
FDIC Issues Guidance on NSF Fees for Multiple Re-Presentments
FBI Warns About Cybersecurity Problems on DeFi Platforms
DOJ Opines on FDIC Board
ESMA: Rules for Third Country Benchmarks Are Not Fit for Purpose and Should Be Reviewed
Words and Actions
August 25, 2022
In This Issue ...
Bank Trade Associations Criticize FDIC Deposit Insurance Assessment Rate Proposal
FDIC Continues Cease and Desist Sweep Regarding Deposit Insurance and Crypto
Pay Attention
August 18, 2022
In This Issue ...
CFPB and FTC Take Aim at Bevy of Data Practices
Federal Reserve Announces Crypto-Asset-Related Supervisory Requirements and Final Guidelines for Access to Federal Reserve Accounts
CFTC Finalizes Rule Regarding LIBOR Transition Clearing Requirement Determination for Certain Interest Rate Swaps
Stress-Free?
August 11, 2022
In This Issue ...
Federal Reserve Releases Large Bank Capital Requirements
FCA Finalizes Changes to the UK’s Appointed Representatives Regime
CFPB and DOJ Send Clear Message Regarding Servicemembers to the Auto Industry
Former Non-Executive Chairman of UK-Listed Company Fined for Unlawfully Disclosing Inside Information as a Result of Negligence
Capital Relief Trades Webinar Series Replays
Save the Date: In-Person Cadwalader Finance Forum Returns on October 27
Changes
August 4, 2022
In This Issue ...
Proposed Legislation to Regulate Digital Commodity
The Department of Labor’s Proposed Amendments to the QPAM Exemption
FDIC Makes Clear That It Does Not Insure Crypto Exchanges
Changes to UK Financial Promotion Rules
Capital Relief Trades Webinar Series, Part 4: CRT Structuring in the United Kingdom and EU
No Summer Vacation
July 28, 2022
In This Issue ...
Lessons Learned from Recent OFAC Enforcement Actions
CFTC’s Enforcement of Fraudulent and Manipulative Pump-and-Dump Scheme in Crypto Commodities
SEC and Department of Justice Announce Parallel Crypto 'Insider Trading' Charges as Regulators and Congress Wrangle over Regulation of Digital Assets
Regulation E Model Forms May Not Always Be a Safe Harbor
FDIC Amends Enforcement Action Manual and Clarifies Terminations of Orders
Treasury and CLC Report on the State of the UK Financial Services Sector
CFPB Monitors Deposit Fees Closely
Legacy LIBOR
July 21, 2022
In This Issue ...
Federal Reserve Issues Proposed Rules under LIBOR Act
CFPB Imposes Several New Duties on Big Data Brokers
CFTC Penalizes an Inadvertent Commodity Trading Advisor
FRB Vice Chair Brainard Touts CRA Proposal and Positive Impacts on Native American Communities
Introduction of the UK Financial Services and Markets Bill
New Guidance from the FDIC on Brokered Deposits Affects Insured Depository Institutions
Cadwalader Corner Q&A: Pete Hahn, Emeritus Professor, The London Institute of Banking and Finance
The Plot Thickens
July 14, 2022
In This Issue ...
ARRC Publishes LIBOR Legacy Playbook
Regulators in Multiple Jurisdictions Call for More Oversight of Crypto-Assets and Stablecoins
Senate Confirms Michael Barr Nomination to be Fed Vice Chair for Supervision
In Depth: Regulation and Enforcement of the Digital Assets Markets, Part Two – Focus on Enforcement
Capital Relief Trades Webinar Series Replays
Just Enough ... or Too Much?
July 7, 2022
In This Issue ...
Five Federal Agencies Issue Joint Statement on Approach to Customer Due Diligence
FCA Delays Further Consultation on Sustainability Disclosure Requirements and Investment Labels
In Depth: Regulation and Enforcement of the Digital Assets Markets, Part One – Jurisdiction
A Meaningful Fourth
June 30, 2022
In This Issue ...
Federal Reserve Releases Results of Stress Tests and Large Bank Holding Companies Follow Up with Their Stress Capital Buffer Requirements
OCC Issues Its Semiannual Risk Perspective
ESMA Overview of the Market for ESG Ratings Providers in the EU and FCA Feedback on ESG Integration in UK Capital Markets
FCA Consultation on the Winding Down of Synthetic Sterling LIBOR and the Future of US Dollar LIBOR
Inadvertent FCM Sanctioned by CFTC
Capital Relief Trades Webinar Series, Part 3 on July 13
Everybody's Talking
June 23, 2022
In This Issue ...
United States Courts Possess Personal Jurisdiction over Foreign Banks in Ongoing LIBOR Case
Compliance in Commodity Derivatives Markets
FDIC Amends Deposit Insurance Fund Restoration Plan and Proposes Increase in Assessment Rates
In Depth: Dissecting the Real Estate, Structured Finance and Financial Services Industries' Comment Letters on the SEC’s Climate Disclosure Proposal
CRT Webinar: Part One Replay and Part Two Registration
Alphabet Soup
June 16, 2022
In This Issue ...
CFPB Launches Office of Competition and Innovation
CFTC’s Swap Reporting Advisory
Basel Committee Issues Principles on Management and Supervision of Climate-Related Financial Risks
In Depth: Latest Compromise Text in Relation to AIFMD2 Proposals on Loan Origination Funds
In Brief: Regulation Q and You – Capital Relief Trades for U.S. Banks
Cadwalader Webinar Series: A Practical Guide to Capital Relief Trades for U.S. Banks
Coming Attractions
June 9, 2022
In This Issue ...
Coming Attractions at the Federal Reserve
U.S. Senators Propose First Comprehensive Regulation for Digital Assets
UK Treasury Opens Consultation into Proposed Insolvency Regime to Manage Failure of Stablecoin Firms
CFTC Considers Greater Regulation of Carbon Offset Markets
Senate Banking Committee Clears Three Financial Regulatory Nominations, Including Michael Barr for Fed Vice Chair of Supervision
Next Week in Barcelona?
Peter Malyshev to Participate on FIA Forum: Commodities 2022 Panel
Swirling Winds
June 2, 2022
In This Issue ...
President Biden Reiterates Independence of the Fed at Meeting with FRB Chair Powell
No, Fancy Technology Does Not Excuse Compliance Obligations
OFAC Settles with Puerto Rico-Based Bank over Apparent Sanctions Compliance Lapse
CFPB Makes the Case for Credit Card Issuers to Provide Actual Payment Histories
Eighth Circuit Follows Second Circuit and Affirms Broad Safe Harbor Protections for Bank Customers
In Depth: Fifth Circuit Bombshell on SEC ALJs Raises Questions about DEA ALJs
A Meaningful Impact
May 26, 2022
In This Issue ...
SEC Proposes New ESG Rules for Funds, Clearly Signaling Its Intent to Scrutinize ESG Claims
A Call to Arms: CFPB Encourages States to Use Federal Authorities to Bring Enforcement Actions
CFTC Considers FTX’s Democratized Clearing Proposal
Acting Comptroller Hsu Brings Crypto-Skepticism to Blockchain Summit
Meeting of G7 Finance Ministers and Central Bank Governors: Crypto-Asset Regulation
Deposit Insurance Limits and Trusts and Mortgage Servicing
Cadwalader Receives 2022 IFLR Americas ‘Team of the Year: Financial Services Regulatory’ Award, and Lary Stromfeld Wins ‘Outstanding Achievement Award’ for ‘Contribution to Regulatory Reform’
Challenging Times
May 19, 2022
In This Issue ...
FDIC Updates Guidelines for Appeals of Material Supervisory Determinations
Protecting Depositors by Enforcing Proper Advertising of FDIC Insurance
ESAs Publish Questions on SFDR and EU Taxonomy Regulation Interpretation
A Sea Change in FARA Enforcement
In Depth: What’s in a Name? 'Defense Stocks' Highlight the Challenges for Asset Managers in Navigating Sustainability Taxonomies as They Characterize Investments as ESG-Compliant
Welcoming Leading Finance Partner Angie Batterson
Where Things Stand
May 12, 2022
In This Issue ...
Priorities for Derivatives Markets from ISDA's Annual General Meeting
CFPB: Consumers Who Have Already Received Credit Are Protected by Fair Lending Laws
Yellen to Senate Banking Committee: Stablecoins Should Be Regulated
Queen’s Speech 2022: UK Government to Revoke EU Financial Regulations (Eventually)
In Depth: A Look at Federal Banking Agencies’ Proposal to Update Community Reinvestment Act Rules
Cadwalader Corner Q&A: Rare Recruitment’s Raphael Mokades
In the Mix of May
May 5, 2022
In This Issue ...
More Crypto Sheriffs from the SEC
Federal Banking Agencies Issue Interagency Proposal to Update Community Reinvestment Act Rules
Launch of UK Transition Plan Taskforce to Support Climate Transition Plans
Cutting Corners in a Competitive Auto Market
U.S. Court of Appeals for the Third Circuit Agrees to Hear Interlocutory Appeal in CFPB Enforcement Action against Student Loan Trusts
In Depth: President Biden Proposes New Administrative Forfeiture Process and Other Legislative Changes to Address Ukraine Crisis
Together Again
April 28, 2022 | Issue No. 8
In This Issue ...
Live from FIA L&C: Redefining the Scope of a “Trading Facility”
FCA Announcement on Synthetic Sterling LIBOR
CFPB Targets Nonbanks for Supervision
Trade Associations Raise “Significant Concerns” on Re-Proposed Guidelines for Access to Federal Reserve Bank Accounts and Services
In Depth: The EBA Publish Final Draft RTS Relating to Risk Retention under the EU Securitisation Regulation
Welcoming Peter Malyshev and Mercedes Kelley Tunstall
Earth Day 2022
April 21, 2022 | Issue No. 7
In This Issue ...
SEC Climate Proposal: Industry Groups Pile In to Push Back on SEC’s Short Comment Period, as Senators Speak Out
Michael Barr to Be Nominated as Fed Vice Chair for Supervision
New Rules on Diversity and Inclusion Reporting for Company Boards and Executive Management in the UK
In Depth: A Perfection Problem with a Hidden Solution
Make Room for Crypto
April 14, 2022 | Issue No. 6
In This Issue ...
Treasury Secretary Yellen on Digital Assets Policy, Innovation and Regulation
FDIC Weighs In on Crypto Activities
Sending a Message: The CFPB's Charges Against TransUnion
Final Draft Technical Standards on Risk Retention Requirements for Securitisations Published by EBA
Securities Litigation Update: Courts of Appeal Address the Exchange Act’s Exclusive-Jurisdiction and Non-Waiver Provisions, the Duty to Disclose and Scienter
In Depth: Acting Comptroller Hsu Discusses Resolution Plans for Large Regional Banks
In the News
April 7, 2022 | Issue No. 5
In This Issue ...
New Round of Russia Sanctions
California’s Board Diversity Law Tossed by Judge; Other Board Diversity Efforts Continue
FRB Issues Enforcement Actions against Bank and BHC Employees for Alleged CARES Act Fraud
The UK’s Plan to Become a Global Crypto Hub
DOL Warns Sponsors against Permitting Cryptocurrency-Related Investments on 401(k) Plan Investment Menus
In Depth: What Can Public Companies Do Now to Prepare for the SEC’s New Proposed Rules on Climate-Related Disclosures?
More of the Same
March 31, 2022 | Issue No. 4
In This Issue ...
FDIC Requests Comment on Proposed Framework for Managing Climate-Related Risk
The Biden Budget: Funding Sanctions and AML Initiatives
Meeting of Congressional Aides Signals Interest in Comprehensive Federal Privacy Legislation
FDIC Issues Request for Information and Comment on Bank Mergers
Supervisory Statement on the Application of the EU Sustainable Finance Disclosure Regulation and the EU Taxonomy Regulation
In Depth: The Rise and Rise of Public Pensions in Private Equity
Risky Business
March 24, 2022 | Issue No. 3
In This Issue ...
CFPB Will Begin Using UDAAP Authority to Address Discrimination in Wide Array of Consumer Financial Products
Puerto Rico’s Plan of Adjustment ‘Goes Effective’
Federal LIBOR Legislation: Five Things Financial Market Participants Need to Know
Federal Banking Agencies to Issue Notice of Proposed Rulemaking to Amend Uniform Rules of Practice and Procedure
The European Supervisory Authorities' Warning on the Risks of Cryptoassets
In Depth: SEC Proposes Climate-Related Changes to Regulation S-K and Regulation S-X
Cadwalader Adds Leading Litigator Helen Maher
A Look at LIBOR
March 17, 2022 | Issue No. 2
In This Issue ...
Federal LIBOR Legislation in Five Quick Bites
SEC Amendments on Cybersecurity Disclosure
Russia Sanctions Update: Lux Edition
Statement from UK Financial Regulatory Authorities on Sanctions and the Cryptoasset Sector
Sarah Bloom Raskin Withdraws from Fed Nomination
In Depth: New Climate-Related Disclosure Rules from the SEC? Here’s What You Need to Watch Out For
Executive Order on Ensuring Responsible Development of Digital Assets: The Intersection of Climate Change and Cryptocurrencies
Cadwalader Corner Q&A: Morgan Stanley's Thomas Wipf, Chairman of the Federal Reserve's Alternative Reference Rates Committee
The New Cabinet News and Views
March 10, 2022 | Issue No. 1
The Reimagined Cabinet News and Views
New Biden Executive Order on Digital Assets
Federal Reserve Board Re-proposes Guidelines for Access to Federal Reserve Bank Accounts and Services
Strengthening Cybersecurity Notification Requirements
EU AML List Will Add The Cayman Islands
LIBOR Federal Legislation Takes Big Step Forward
In Depth: Listen to Your Regulator on Sanctions and Crypto
Cadwalader Corner Q&A: BNY Mellon's Jason Granet
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