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 to Know About New CFTC Policy on Cooperation 

Consider writing about:

A staff advisory issued by the Commodity Futures Trading Commission on May 19; nature and purpose of a staff advisory; what stands out to you about the CFTC’s new policy on self-reporting, cooperation, and remediation; how the policy compares to past CFTC policies, and what it signals about the CFTC’s stance and priorities going forward; additional practical guidance on voluntary disclosures and declinations.

Related information:

https://www.cftc.gov/PressRoom/PressReleases/9234-26

How Federal Financial Regulators May Be Creating Immigration-Related Risks for Lenders, Employers 

Consider writing about:

How federal financial regulators are targeting immigrant communities; what recent Trump administration actions could mean for financial assistance to individuals or organizations, as well as for financial entities’ lending activities, suspicious activity reporting, and other compliance obligations; where recent guidance from federal financial regulators may fall short on explaining compliance requirements; how this enforcement push could create new risks for lenders as well as for some employers.

Related information:

https://news.bloomberglaw.com/banking-law/cfpbs-immigration-review-order-complicates-lenders-decisions

https://www.govinfo.gov/content/pkg/FR-2026-06-08/pdf/2026-11447.pdf

Top Takeaways From Proposed CFTC Rule on Prediction Market Event Contracts 

Consider writing about:

A Notice of Proposed Rulemaking published on June 10 by the Commodity Futures Trading Commission regarding prediction market event contracts; key points in the proposed rule; what it does, or does not, help to clarify; the proposed rule’s potential implications for states’ efforts to limit or ban prediction market activity; what else stands out to you about the CFTC’s proposed framework.

Related information:

https://www.cftc.gov/PressRoom/PressReleases/9249-26

FinCEN Issues Alert Regarding Iran-Linked Money Laundering 

Consider writing about:

A May 11 alert issued by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) regarding Iran’s Islamic Revolutionary Guard Corps; what to know about the IRGC’s suspected links to terrorism and its related money laundering activities; red flags that financial institutions are advised to watch for; related compliance obligations and liability risks for the financial services sector.

Related information:

https://www.fincen.gov/news/news-releases/fincen-issues-alert-stop-money-laundering-iranian-revolutionary-guard-corps

New Education Dept. Rule on Student Loans Brings Questions, Worries 

Consider writing about:

A new rule implemented by the U.S. Department of Education on May 1st regarding student loans; when the rule takes effect; the department’s rationale for the new limits; how the new caps stand to affect students, educational institutions, and specific professions or industries; confusion or unanswered questions that have arisen around the Education Department’s action; what to know about lawsuits challenging the department rule; how student loans have trended over the years; potential financial alternatives for students who may be facing new loan restrictions and resulting financial hardship.

Related information:

https://michiganindependent.com/education/sweeping-federal-student-loan-changes-prompt-concerns-for-some-michigan-borrowers

NYDFS Issues Guidance on AI-Related Cyber Risks 

Consider writing about:

Recent guidance from the New York Department of Financial Services regarding cybersecurity risks involving frontier AI models; why the NYDFS is sounding the alarm over this matter; key recommendations by the NYDFS on preparing for AI-related cyberthreats; how financial regulators’ stance has been evolving regarding cybersecurity in general, and AI-fueled cyber risks in particular; instructive enforcement actions related to financial institutions’ perceived cybersecurity lapses.

Related information:

https://www.dfs.ny.gov/reports_and_publications/press_releases/pr202605121

https://www.dfs.ny.gov/industry-guidance/industry-letters/20260521-heightened-cybersecurity-risks-assoc-with-frontier-ai-models

Perils Persisting Under Paycheck Protection Program 

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Enforcement activity involving the Paycheck Protection Program; the program’s history and intent; problems that arose over the years with the program; how investigations and prosecutions of alleged PPP-related fraud have unfolded under the Biden and Trump administrations; how employers, lending institutions, or other entities can best defend themselves against fraud allegations involving the Paycheck Protection Program.

Related information:

https://www.justice.gov/opa/pr/regions-bank-pay-4-9-million-resolve-civil-liability-connection-ineligible-paycheck

https://www.justice.gov/usao-edky/pr/manufacturing-companies-agree-pay-25-million-resolve-improper-paycheck-protection

https://www.justice.gov/usao-dc/pr/four-non-profits-agree-pay-over-3-million-resolve-false-claims-act-allegations-involving

Judge Gives Final OK to Credit Card Misclassification Settlement 

Consider writing about:

A federal judge’s final approval of a settlement of up to $1.2 billion that Discover Financial Services has agreed to pay over the misclassification of credit card accounts; what the misclassification entailed and whom it most affected; other legal issues surrounding Discover’s card misclassification mishap; and perhaps a wider-angle look at how credit card programs are regulated and overseen, and related enforcement trends.

Related information:

https://www.cutoday.info/Fresh-Today/Discover-To-Pay-Up-To-1.2-Billion-In-Credit-Card-Misclassification-Case

What to Know About Proposed Changes to AML/CFT Rules 

Consider writing about:

Notices of proposed rulemaking issued in April by U.S. financial regulators. What the proposed rule revisions would mean for efforts to curb money laundering and the financing of terrorism-related activities; practical takeaways regarding financial institutions’ compliance obligations, regulators’ priorities, and likely triggers for enforcement actions; background information regarding the frequency or scale of money laundering activities and financial transactions suspected of having links to terrorism.

Related information:

https://www.fdic.gov/board/federal-register-notice-anti-money-laundering-and-countering-financing-terrorism-programs.pdf

https://www.federalregister.gov/documents/2026/04/10/2026-07033/anti-money-laundering-and-countering-the-financing-of-terrorism-programs

M&A Activity in the Financial Services Industry 

Consider writing about:

M&A activity in the financial services industry, in the country or region of your choice; specific deals worth knowing about; key factors driving M&A plans in the financial services industry right now; challenges facing financial services industry M&A deals in the current landscape; and perhaps some practical guidance on executing a successful M&A deal. and overcoming antitrust arguments or other opposition to M&A plans.

Checking In With the World Bank Group 

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Trends involving the World Bank Group; what to know about the World Bank Group’s history, authority, and spheres where it is most active; noteworthy enforcement or sanction developments or related trends; compliance priorities for entities that receive funding from the World Bank Group (or that hope to do so).

Southern Poverty Law Center Indicted Over Alleged Bank, Wire Fraud 

Consider writing about:

The U.S. Department of Justice’s announcement of charges brought against the Southern Poverty Law Center for alleged financial crimes, including wire fraud, bank fraud, and conspiracy to commit money laundering. What are the likely obstacles ahead for either side in this case? How unusual are these charges against an organization with SPLC’s history? Should other activist organizations fear similar charges being brought against them during the Trump administration? If so, what should other organizations be doing to make sure their financial houses are in order while waiting to see how the case against the Southern Poverty Law Center plays out?

Related information:

https://www.justice.gov/opa/pr/federal-grand-jury-charges-southern-poverty-law-center-wire-fraud-false-statements-and

https://apnews.com/article/southern-poverty-law-center-criminal-investigation-db7fdcf9baa0d1b24b8f1e1f2cebc0be

Financial Regulators Sound the Alarm Over Possibility of Iran-Backed Cyberattacks 

Consider writing about:

The potential for Iran-affiliated cyberattacks on U.S.-based or aligned financial institutions in response to U.S. military attacks on Iran; how Iran-linked hackers have acted against perceived foes in the past; what financial regulators are warning about in light of the current international conflict; related obligations on the part of financial institutions; what the financial sector has learned from past experiences with Iran-backed cyberattackers, and how contemporary cyberthreats and safeguards compare to those of yesteryear; what financial institutions should be watching for, and doing, right now to evaluate – and, if needed, strengthen – their cybersecurity defenses and mitigate related liability risks.

Related information:

https://www.bankingdive.com/news/bank-cyber-risk-iran-war-regulators-cybersecurity/814564

What Proposed Rule Means for Stablecoin Issuers’ Obligations 

Consider writing about:

A joint proposed rule issued on April 8 by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) and the Office of Foreign Assets Control (OFAC); main focus of the proposed rule; what the rule could mean for stablecoin issuers’ compliance obligations and other duties.

Related information:

https://www.fincen.gov/news/news-releases/treasury-proposes-rule-implement-genius-acts-requirements-counter-illicit

What to Know About DOL Proposed Rule on Defined Contribution Plans 

Consider writing about:

A proposed rule released by the U.S. Department of Labor on March 31 regarding defined contribution plans; intent of the proposed rule; the rule’s potential implications for plan fiduciaries, fiduciary duties, additional compliance obligations, and litigation risks; best practices for plan fiduciaries in light of the DOL’s proposed rule.

Related information:

https://www.federalregister.gov/documents/2026/03/31/2026-06178/fiduciary-duties-in-selecting-designated-investment-alternatives

Federal Regulators Release Proposed Changes to Bank Capital Requirements 

Consider writing about:

Draft rules released on March 19 by federal banking regulators regarding bank capital; what the three proposals, if implemented, would mean for capital requirements; how significant a shift these changes could represent, and how they compare to historical standards in the United States and/or to current standards in other countries; who would be most affected by the rule changes; potential timeline for the proposals’ implementation.

Related information:

https://www.fdic.gov/news/press-releases/2026/agencies-request-comment-proposals-modernize-regulatory-capital-framework

Federal Appeals Court Quashes SAVE Plan; What Should Borrowers Do Now? 

Consider writing about:

A March ruling by a federal appeals court regarding a Biden-era program for student loan borrowers; what the ruling means for the Saving on a Valuable Education, or SAVE, plan and participants in the program; new guidance from the U.S. Department of Education in the wake of the 8th U.S. Circuit Court of Appeals ruling; what else individuals with outstanding student loans should know about their options and obligations; how student loans and debt have been trending in recent years;

Related information:

https://www.csmonitor.com/USA/Education/2026/0328/affordability-save-plan-student-loans-debt

https://finance.yahoo.com/personal-finance/student-loans/article/the-save-plan-is-gone-heres-what-student-loan-borrowers-need-to-do-next-164707573.html?

https://www.cnbc.com/2026/03/30/student-loan-borrowers-deadline-save.html

https://www.cnbc.com/2026/03/10/save-plan-for-student-loan-borrowers-is-over-federal-appeals-court-.html

FinCEN Reporting Rule Struck Down, but Is That the End of It? 

Consider writing about:

The status of a Financial Crimes Enforcement Network rule regarding reporting requirements for certain residential real estate transactions; what to know about a March 19 ruling by the U.S. District Court for the Eastern District of Texas striking down the rule; basis for the court’s ruling; whether FinCEN is expected to appeal the ruling; how affected individuals and entities should proceed at this point, given the fluctuating regulatory situation.

Related information:

https://www.forbes.com/sites/kellyphillipserb/2026/03/24/court-strikes-down-new-treasury-residential-real-estate-reporting-rule

SEC, CFTC Release Joint Guidance on Crypto Assets 

Consider writing about:

Guidance released on March 17 by the Commodity Futures Trading Commission and the Securities and Exchange Commission regarding the application of federal securities laws to crypto assets; purpose of the two bodies’ interpretive release; key points in the guidance and how much of a shift they represent in the regulatory landscape; the guidance’s overall significance and potential impact on participants in the crypto sector.

Related information:

https://www.sec.gov/newsroom/press-releases/2026-30-sec-clarifies-application-federal-securities-laws-crypto-assets

$31M Settlement Reached Over Data Breaches Affecting Flagstar Bank 

Consider writing about:

A $31.5 million settlement over data breaches affecting Flagstar Bank; what to know about the cause of, and fallout from, the breaches; what this case illustrates regarding third-party cybersecurity risks and how they may affect financial institutions, their customers, and employees; additional takeaways from this case on best practices involving vendors and involving data security on a broader basis.

Related information:

https://news.bloomberglaw.com/litigation/flagstars-31-5-million-data-breach-deal-wins-initial-court-nod

OCC Releases Proposed Rules Regarding Stablecoin Issuers 

Consider writing about:

Proposed rules recently issued by the Office of the Comptroller of the Currency (OCC) regarding the implementation of the GENIUS Act (the Guiding and Establishing National Innovation for U.S. Stablecoins Act); significance of this OCC action; what the proposed rules indicate regarding federal regulators’ evolving approach to digital assets, and to payment stablecoins in particular; what else stands out to you about the OCC’s proposed rules.

Related information:

https://www.occ.treas.gov/news-issuances/news-releases/2026/nr-occ-2026-9.html

https://www.govinfo.gov/content/pkg/FR-2026-03-02/pdf/2026-04089.pdf

https://www.federalregister.gov/documents/2026/03/02/2026-04089/implementing-the-guiding-and-establishing-national-innovation-for-us-stablecoins-act-for-the

FinCEN Real Estate Reporting Rule Takes Effect 

Consider writing about:

A residential real estate reporting rule released by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN); factors driving the imposition of the rule; when the rule takes effect; individuals, entities, and transactions most impacted by the rule; key deadlines and other important compliance obligations to be aware of; potential penalties for non-compliance; how to address penalties after the fact.

Related information:

https://www.fincen.gov/rre

Tax Obligations and Best Practices for Crowdfunding Recipients [Ongoing] 

Consider writing about:

Tax treatment of proceeds from crowdfunding campaigns; common misconceptions or other potential pitfalls on the part of individual or business recipients of crowdfunding donations; how these funds are regarded by taxation authorities (in the jurisdiction of your choice); best practices as regards recordkeeping, documentation, reporting, etc.

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? 

Consider writing about:

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 

Consider writing about:

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? 

Consider writing about:

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