Banking & Finance Trending Topics

To help with your writing efforts, here’s what people are looking for in Banking & Finance Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

What New SBA Lending Rules Mean for Small Business Owners 

Consider writing about:

New restrictions by the Small Business Administration on eligibility for loans made under the agency’s 7(a) program; the program’s history, main focus, and whom it has typically benefited; whom the new limitations apply to; when the new rules take effect, and whether they apply retroactively; potential penalties for non-compliance; how the new rules stand to affect existing or envisioned small businesses; potential grounds for lawsuits over the new SBA rules.

Related information:

https://www.cbsnews.com/news/sba-loan-rule-change-permanent-residents

Credit One Reaches $10M Settlement Over Debt Collection Practices 

Consider writing about:

A $10.2 million settlement that Credit One Bank will pay to resolve California district attorneys’ lawsuit over the bank’s debt collection practices; debt collection activities that caught the DAs’ attention; what constitutes questionable or illegal debt collection practices; enforcement trends on this front; what businesses or individuals faced with debt collection pressures should know about their rights and protections under the law and potential avenues for mitigating debt collection efforts or for reducing debt or for reaching an agreement with lenders.

Related information:

https://rivcoda.org/credit_one_bank_california_settlement

What’s Happening With CFPB’s Clean Energy Financing Rule? 

Consider writing about:

Legal wrangling over the Consumer Financial Protection Bureau’s Residential Property Assessed Clean Energy Financing rule; how PACE financing works, whom it’s intended for, and eligibility criteria; reasons for an industry group’s challenge to the CFPB rule; where the rule stands now; what else interested property owners should know about this form of financing, the CFPB rule, its pros and cons for various situations, potential financing alternatives aimed at encouraging energy efficiency; and perhaps a cautionary note regarding scam attempts by fraudsters who try to portray themselves as legitimate PACE entities, and how individuals or businesses can protect themselves against these types of scams.

What’s Your Forecast for Prediction Markets? 

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The rise of prediction markets; what they consist of, how they work, and how they are defined; how prediction markets are regulated, on either the federal or state level; top concerns being raised regarding prediction markets, whether for direct participants or otherwise; existing lawsuits over prediction market activities; potential for increased scrutiny of, or enforcement actions regarding, prediction markets; any relevant comparisons between prediction markets, gambling, and the gaming industry.

Related information:

https://www.theguardian.com/us-news/2026/feb/12/prediction-markets-polymarket-kalshi-online-gambling

https://www.npr.org/2026/01/17/nx-s1-5672615/kalshi-polymarket-prediction-market-boom-traders-slang-glossary

FTC Pursues Payment Processor Over Alleged Fraud 

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Federal Trade Commission actions involving payment processing company Cliq Inc. and two of its operators; reasons why the FTC is seeking nearly $53 million in customer relief from the company; what this case may illustrate regarding federal authorities’ pursuit of suspected fraud by financial entities; related enforcement trends worth knowing about.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2026/01/ftc-asks-court-hold-payment-processors-contempt-systematically-violating-2015-order

What Are Banks’ Obligations to Thwart Human Trafficking? 

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The status of lawsuits against banks by survivors of Jeffrey Epstein’s sex trafficking activities; which banks are facing such lawsuits; nature of the claims being made against the banks; next steps for these claims; how current cases compare to sex abuse survivors’ settled lawsuits against other banks; what to know about banks’ obligations to monitor for, and respond to, suspicious account activity, whether generally speaking or involving coerced customer behavior or strictly referring to suspected human trafficking; what to know about laws, enforcement actions, and regulatory trends involving financial institutions and human trafficking.

Related information:

https://www.bankingdive.com/news/bank-of-america-epstein-case-rakoff-bofa/812103

State AGs Turn Attention to ‘Buy Now, Pay Later’ Lenders 

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New scrutiny that “buy now, pay later” lenders are facing; why state attorneys general are investigating these types of lenders; what potential or existing customers should know about the pros and cons of “buy now, pay later” systems, either in and of themselves or in comparison to other money management options; how regulation and oversight of “buy now, pay later” companies may be changing under the second Trump administration.

M&A Trends in the Financial Services Sector 

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M&A activity in the banking and financial services industry, in the country or region of your choice; how M&A volume in recent periods compares to that in prior years; any emerging trends in terms of type of entities undertaking a merger or acquisition, or factors driving M&A deals; what to know about the current antitrust landscape as it pertains to financial services.

Debanking Developments Worth Knowing About 

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Trends or noteworthy recent developments involving debanking claims; whether the evolution of international crime and financial institutions’ compliance obligations over the years have led to a significant increase in debanking; best practices that financial institutions should follow before closing down a client’s account; potential missteps on either side of a relationship that may lead to a contentious debanking; how an account holder can contest an account closure.

Related information:

https://www.nbcnews.com/business/business-news/trump-sues-jpmorgan-jamie-dimon-alleged-debanking-rcna255440

https://www.theguardian.com/world/2026/jan/27/muslims-being-debanked-banking-services-9-11-september

Is Trump Administration Poised to Shake Up Residential Real Estate Market? 

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A proposal recently floated by President Trump on social media to ban large investment companies from buying single-family houses; how institutional investment in that real estate sector has trended in recent years; how a ban on these investors would affect the real estate market, participants in the market, and related parties or industries; how such a ban would be approved and implemented; whether this idea has been tried previously (in the jurisdiction of your choice); any other new proposals that may be gaining steam, whether on the federal or state level, to try to make homebuying more affordable.

Finance-Related Highlights From 2025: What Do You Say? 

Consider writing about:

Your choice of three or more noteworthy trends or developments from 2025 involving the financial sector; reasons for your choices; immediate or longer-term implications or potential impacts as we head into 2026; and any related practical guidance for impacted or interested parties. Consider whether to go wide-angle in your choice of topics, or whether to focus on a particular jurisdiction, entity, issue, trend (litigation, regulations, enforcement, etc.) or subset of the financial sector.

Implications of Trump Administration Pressures on Fed Chair 

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President Trump’s criticisms of, or outright attacks against, Federal Reserve Chair Jerome Powell; what to know about a federal criminal investigation that Powell is facing; any precedent for this type of action against a Federal Reserve chair; potential challenges ahead for either side in this face-off; your choice of assorted wider-ranging implications, such as executive powers, the Federal Reserve’s independence and the Fed’s future leadership and direction, and the overall economy.

Related information:

https://www.cnbc.com/2026/01/12/fed-chair-powell-investigation.html

https://www.cnbc.com/2026/01/13/a-major-development-in-trumps-fed-feud-is-set-to-happen-next-week-in-the-supreme-court.html

FINRA Releases Latest Regulatory Oversight Report 

Consider writing about:

The release of the Financial Industry Regulatory Authority’s latest Annual Regulatory Oversight Report; the report’s key focus areas; how FINRA’s emphasis on specific areas has evolved since its last oversight report; how the regulated community should regard this report; additional practical takeaways from the report.

Related information:

https://www.finra.org/sites/default/files/2025-12/2026-annual-regulatory-oversight-report.pdf

Climate Change Issues for Banks: What to Know 

Consider writing about:

Regulations or proposals requiring banks to address losses they might incur as a result of climate change impacts; how these sorts of requirements have evolved in recent years, and whether they are holding firm, loosening, or shifting in some significant manner, perhaps partly as a result of Donald Trump’s return to office and also the election of more conservative politicians in other parts of the world; any significant fines or other enforcement actions experienced by banks as a result of their performance related to climate change; how banks can best address climate change issues and related compliance obligations or regulator expectations.

Related information:

https://www.cnbc.com/2025/10/16/regulators-toss-out-rules-requiring-banks-to-prepare-for-climate-change.html

https://www.reuters.com/sustainability/cop/eu-push-development-banks-climate-focus-despite-us-opposition-draft-shows-2025-10-07

https://www.businesstimes.com.sg/esg/global-central-banks-issue-new-climate-scenarios-after-earlier-model-controversy

Takeaways From NYDFS Guidance on Cybersecurity and Third-Party Risk 

Consider writing about:

Guidance released by the New York Department of Financial Services on Oct. 21 regarding third-party risk; cybersecurity risks that may arise as a result of using third-party service providers; highlights from NYDFS’ guidance on anticipating and managing these types of risks; how worthwhile you find the NYDFS guidance to be; how cybersecurity performance can affect an organization’s compliance record and potentially lead to regulatory actions.

Related information:

https://www.dfs.ny.gov/reports_and_publications/press_releases/pr20251021

https://www.dfs.ny.gov/industry-guidance/industry-letters/il20251021-guidance-managing-risks-third-party

Crypto Platform Sued Under Anti-Terrorism Law 

Consider writing about:

A lawsuit filed against crypto trading platform Binance for allegedly facilitating the transfer of millions of dollars that supported terrorist activities; key points about the money laundering allegedly conducted via Binance; what to know about financial services entities’ obligations to thwart money laundering; circumstances that may trigger an entity’s obligation to submit a Suspicious Activity Report; additional obligations or rights under the U.S. Anti-Terrorism Act; precedent for a lawsuit such as the one filed against Binance; a possible comparison of those cases, or practical takeaways from those cases’ outcomes.

Related information:

https://www.cnbc.com/2025/11/25/binance-trump-crypto-lawsuit-pardon.html

Risks and Best Practices Involving Retirement Plans 

Consider writing about:

Litigation over allegedly excessive fees in retirement plans; what’s driving a possible increase in these types of lawsuits; how these cases are trending, in terms of types of allegations, strategies, and outcomes; practical guidance on best practices or potential strategies for minimizing risk involving retirement plans.

North Dakota to Debut Stablecoin 

Consider writing about:

North Dakota’s recent announcement that it plans to issue the state’s first stablecoin; how stablecoins compare to other types of digital assets; rationale for having a state-backed stablecoin; regulations and oversight authority that will apply to North Dakota’s stablecoin; what else the financial community should know about North Dakota’s plan; and perhaps a wider-angle look at stablecoin trends (and any related practical lessons) in other parts of the country.

Canada Announces Plan for New Financial Crimes Agency 

Consider writing about:

Canada’s plan to set up a new financial crimes agency; projected timeline for this effort; trends or other motivations fueling this initiative; potential jurisdiction, scope, and/or enforcement powers of the new agency, and how it would interact with other entities; what else the financial services industry should know about the government’s plans for this agency and additional efforts to combat fraud or other financial crimes.

Related information:

https://www.canada.ca/en/department-finance/news/2025/10/minister-champagne-takes-aim-at-financial-scams-and-abuse-announces-anti-fraud-strategy-and-new-financial-crimes-agency.html

https://financialpost.com/fp-finance/banking/canada-announce-national-anti-fraud-agency-financial-crime

Do Zombie Mortgage Loans Linger Among Us? 

Consider writing about:

So-called “zombie” mortgage loans; what they consist of; how widespread they are; situations apt to open the door to zombie loans; state or federal laws that regulate the debt collection process in these types of cases; related consumer rights or protections; any noteworthy litigation involving zombie mortgages.

Related information:

https://www.bloomberg.com/graphics/2025-zombie-home-mortgage-debt-collection-investigation

How Cybercriminals Target Real Estate Transactions 

Consider writing about:

Wire transfer fraud and other forms of cybercrime that target real estate transactions; types of scams and cyberattack tactics that individuals or entities in the real estate and financial services industries should be on the lookout for; how artificial intelligence may be heightening cyberthreats for parties to real estate transactions; how real estate agents, lawyers, financial institutions, or clients can protect themselves from cybercrime, liability risks, and related losses.

N.Y. Jury Hits France’s Largest Bank With $20M Verdict 

Consider writing about:

A $20 million verdict returned by a New York jury against France’s largest bank over BNP Paribas’ involvement with Sudanese authorities; key claims in this case; precedent for finding a financial institution liable in connection with atrocities committed by foreign governments; likely grounds for an appeal of the verdict; potential for other cases of this type, whether against BNP Paribas or against other banks.

Related information:

https://apnews.com/article/sudan-bnp-paribas-lawsuit-darfur-albashir-7bacbbb049bc79e1dfa805a02e06bd3c

Canadian Regulators Impose Record-Setting Fine on Crypto Exchange 

Consider writing about:

A record-setting fine that Canadian regulators have imposed on a cryptocurrency exchange; alleged violations that led to this enforcement action; crypto industry trends in Canada; what to know about the Financial Transactions and Reports Analysis Centre of Canada, its authority, history, enforcement priorities, and track record.

Related information:

https://fintrac-canafe.canada.ca/new-neuf/nr/2025-10-22-eng

Visa, Mastercard to Pay Nearly $200M in Merchant Settlement 

Consider writing about:

A combined settlement of nearly $200 million that Visa and Mastercard will pay to resolve a long-running class action over costs imposed on merchants; what to know about the underlying allegations against Visa and Mastercard; what the settlement means for merchants’ obligations and best practices, going forward.

Related information:

https://finance.yahoo.com/news/visa-mastercard-pay-199-5m-115109558.html

OCC Releases New Guidance, Proposed Rules 

Consider writing about:

New guidance and proposed rules released this month by the Office of the Comptroller of the Currency regarding community banks; what the proposed rules could mean for the regulation of these types of banks, their compliance obligations, risk management procedures, licensing options, and other operations; rationale for the changes in guidance and procedures, and likely pathway to their implementation.

Related information:

https://www.occ.treas.gov/news-issuances/news-releases/2025/nr-occ-2025-95.html

What to Know About the Military Lending Act 

Consider writing about:

The Military Lending Act; key benefits, rights, and protections under this Act; noteworthy enforcement actions or litigation trends involving the Military Lending Act; what else either individuals or financial institutions should know about the Act.

What a Bankruptcy Court Decision Shows Regarding Intricacies of Student Loans 

Consider writing about:

A recent bankruptcy court decision involving student loan debt; factors that were key to the court’s decision; what this case may illustrate regarding different forms of student loans, debt types, and entities to whom loan repayments are due; repayment options to consider in debt cases involving student loans.

Related information:

https://ecf.ca8.uscourts.gov/opndir/25/08/256001P.pdf

What to Know About Developments in Open Banking 

Consider writing about:

Open banking. How is open banking defined, and what does it mean for financial services companies and their clients? How is open banking currently regulated in the United States, and how might that be changing under the Trump administration? What are pre-existing or looming hot-button issues that may be complicating a potential path to rulemaking? Are there any noteworthy recent disputes or agreements that may help shape the future of open banking? What else should the financial services community know about the open banking landscape?

Related information:

https://news.bloomberglaw.com/banking-law/jpmorgan-plaid-data-fee-deal-shifts-open-banking-battlefield

Are Cybersecurity Requirements Ramping Up for Financial Services Providers? 

Consider writing about:

Evolving cybersecurity requirements for financial services providers; states that have passed or implemented new or amended requirements, or that are considering them; some of the more notable aspects of these requirements, or any specific requirements that are gaining ground across multiple jurisdictions; what financial services providers should be doing to effectively monitor, maintain, and (if necessary) improve their cybersecurity controls; any noteworthy legal or regulatory action taken against financial services providers over deficient cybersecurity systems or practices.

Banks’ Crypto Involvement Has Regulators Pressing for Enhanced Risk Mitigation 

Consider writing about:

Guidance released on Sept. 17 from the New York Department of Financial Services regarding banks’ use of newer technologies to mitigate risks pertaining to crypto-related transactions; how financial regulators in New York or other jurisdictions expect financial services companies to strengthen their overall compliance programs in light of their growing involvement with crypto; additional practical guidance on how the financial services sector may need to rethink their controls.

Related information:

https://www.dfs.ny.gov/industry-guidance/industry-letters/il20250917-blockchain