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:

Implications of Outbound Investment Penalty 

Consider writing about:

An Oct. 7 announcement by the U.S. Department of the Treasury regarding the first civil penalty the department has levied under the Outbound Investment Security Program (OISP); what to know about the OISP’s focus and its history under the Biden and Trump administrations; key requirements set by the OISP; alleged OISP violations that led to the penalty announced by the Treasury Department; how other entities can avoid running afoul of the OISP.

Related information:

https://home.treasury.gov/news/press-releases/sb0652

Debanking Debriefing: What to Make of Recent OCC Report 

Consider writing about:

A report released this month by the Office of the Comptroller of the Currency regarding purported “debanking” actions by nine major banks; what “debanking” consists of (generally speaking or in these specific instances), and how debanking-related allegations are treated under the law; criticisms of the OCC report’s analysis and conclusions; how the OCC and other financial regulators are expected to follow up on the OCC’s findings; how financial institutions can best defend themselves against allegations of debanking.

Related information:

https://www.occ.gov/news-issuances/news-releases/2026/nr-occ-2026-90.html

Federal Judge Rebuffs CFTC, Gemini on Bid to Vacate Settlement 

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The latest developments involving a $5 million settlement reached by the Gemini cryptocurrency platform in 2025; basis for a request by Gemini and the Commodity Futures Trading Commission to void the settlement; why a New York federal judge denied that request last week; what this case may illustrate regarding voluntary vs. involuntary consent to an agreement, shifting federal attitudes toward crypto, and possible courses of action when dealing with regulators.

What’s the Latest on Trump Accounts? 

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The latest developments involving the tax-deferred investment accounts known as Trump accounts; recent federal guidance on these accounts; the newly implemented auto-enrollment process (and whether people can opt out of the program); eligibility criteria, contributions limits, and other program nuts-and-bolts to be aware of; related obligations or potential pitfalls on the part of parents, employers, financial advisers, or others; ethical questions being raised about the structuring of the accounts.

Related information:

https://abc7ny.com/story/latest-trump-account-changes-what-families-need-know-now/19918861

https://finance.yahoo.com/personal-finance/investing/article/trump-account-employer-contributions-190819679.html

https://finance.yahoo.com/economy/article/michael-dell-defends-trump-accounts-shift-to-individual-company-stocks-213451490.html

https://www.wsj.com/politics/policy/trump-accounts-kids-individual-stocks-6c8b8811

Are Merchant Cash Advances a Good Deal for Financially Strapped Businesses? 

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Merchant cash advances; when businesses may want to avail themselves of this type of funding; what to know about the approval process for getting a merchant cash advance; how to gauge whether potential risks or other drawbacks outweigh the potential advantages of pursuing this form of financing; how the use of merchant cash advances has trended in recent years; how businesses in need of cash should vet merchant cash advance operators; repayment terms, fees, guarantees, and other terms to pay attention to when reviewing a merchant cash advance agreement; how merchant cash advances are regulated; noteworthy disclosure requirements or other obligations that apply to these types of lenders; any significant legal actions taken against merchant cash advance operators; funding alternatives that a business might consider in place of a merchant cash advance.

Challenges for Community Development Financial Institutions in the Trump Era 

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Issues involving community development financial institutions; how these types of entities are defined and regulated; whom they primarily serve; key compliance obligations or other challenges for such financial institutions; what to know about a legal battle over funding for these entities, status of contested federal government grants; related impacts on CDFIs’ client populations; potential alternative financial options for affected individuals or organizations.

Related information:

https://www.reuters.com/legal/government/trump-administration-sued-over-withheld-federal-grants-us-community-lenders-2026-09-21

Federal Regulators Release Proposed Guidance on Third-Party Risk 

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Federal regulators’ evolving stance regarding banks’ and credit unions’ handling of third-party risks; what to know about proposed guidance released on Sept. 11, and what it could mean for regulators’ expectations for regulated entities’ business practices and compliance obligations.

Related information:

https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20260911a1.pdf

What’s Next for Crypto Regs? 

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Recent developments involving the Clarity Act; what this legislation aims to accomplish; roadblocks to the legislation’s psssage; how authorities on the federal and state level are working to carve out a space for themselves regarding crypto regulation and enforcement; what the crypto industry should be paying attention to right now.

Venture Capital Trends Worth Knowing About [Ongoing] 

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Venture capital activity in the country or region of your choice; noteworthy details, whether involving deal sizes, types, or factors driving VC activity; volume and type comparisons to prior months or years; any emerging or accelerating trends of note; key investor concerns (and how companies can best address them); challenges for businesses in attracting VC funding.

Takeaways From Report on FINRA’s Enforcement Program 

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A report recently issued on the Financial Industry Regulatory Authority’s enforcement performance; the report’s origins, scope, and authorship; key recommendations contained in the report; which stand to have the most impact, if adopted; what to watch for from FINRA in terms of how it will respond to the recommendations; what to know about the related FINRA Forward initiative.

Related information:

https://www.finra.org/media-center/blog/report-from-external-review-of-finras-enforcement-program-20260630

https://www.finra.org/about/finra-forward

Court Gives Final Approval to $72M BofA Settlement in Epstein Case 

Consider writing about:

A federal judge’s final approval of Bank of America’s $72.5 million settlement to compensate survivors of Jeffrey Epstein’s sex-trafficking ring; related allegations against the bank; how the allegations and settlement in the BofA case compare to those in cases against other banks implicated in the Epstein scandal; what to know about banks’ obligations regarding suspicious account activity; broader legal trends involving financial institutions and human trafficking.

Related information:

https://www.reuters.com/legal/government/court-approves-bank-americas-725-million-settlement-with-epstein-accusers-2026-08-27

Equifax Agrees to $100M Settlement Over Credit Scores 

Consider writing about:

A proposed $100 million settlement in a class action against Equifax; alleged violations of the Fair Credit Reporting Act; trends involving FCRA-related claims; what someone should do if they believe that their credit score has been mishandled and has caused them financial harm.

Related information:

https://www.nhregister.com/news/article/equifax-100-million-fcra-settlement-ct-22400884.php

FinCEN Pulls Plug on U.S. Companies’ Beneficial Ownership Reporting 

Consider writing about:

A final rule from the U.S. Department of the Treasury’s Financial Crimes Enforcement Network regarding beneficial ownership information; rationale for the final rule; how the rule affects reporting obligations; when the rule change takes effect; who is still required to report beneficial ownership information to FinCEN (and whether those reporting parameters have changed under the final rule); whether the final rule could create new headaches for the business community by essentially shifting risk management and due diligence functions from government to private parties.

Related information:

https://www.fincen.gov/news/news-releases/fincen-permanently-ends-beneficial-ownership-reporting-requirements-millions

SEC Releases Proposed Rules on Crypto Assets 

Consider writing about:

Proposed rules released on Aug. 18 by the U.S. Securities and Exchange Commission regarding crypto assets; key goals of the proposed rules, and whom they would most affect; how significant these proposed rules are for the crypto sector; how they align with other Trump administration actions regarding crypto.

Related information:

https://www.sec.gov/newsroom/press-releases/2026-76-sec-proposes-new-regulation-crypto-assets

Merrill Lynch to Pay $7M Fine Over Suspicious Activity Reports 

Consider writing about:

A $7.5 million fine that Merill Lynch will pay over suspicious activity reporting; alleged lapses or failures on Merrill Lynch’s part; how financial institutions tend to get themselves in trouble over suspicious activity reports and Bank Secrecy Act obligations; pointers on responding to an investigation by the U.S. Securities and Exchange Commission.

Related information:

https://www.reuters.com/business/finance/us-sec-fines-bofas-merrill-lynch-75-million-over-suspicious-activity-reports-2026-06-29

FinCEN Hits UBS With Record $125M Penalty 

Consider writing about:

A $125 million penalty that the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) assessed this week against UBS Financial Services over alleged violations of the Bank Secrecy Act; factors contributing to the record-setting dollar size of the penalty; how this case may serve as a cautionary tale regarding BSA compliance and the perils of repeat offenses; and, additionally, what the UBS case may signal regarding financial regulators’ particular areas of focus under the second Trump administration as regards suspected money laundering activities.

Related information:

https://www.fincen.gov/news/news-releases/fincen-assesses-historic-125-million-penalty-against-ubs-financial-services-inc

A Safe Bet: Continuing Conflicts Over Prediction Markets 

Consider writing about:

Your choice of recent developments involving prediction markets, whether legal actions by state regulators, court rulings, congressional action, or other activities of note. Among the points to explore: What stands out to you about these developments? What trends may be emerging? What is happening with the face-off between federal and state regulators over prediction markets? And how are firms dealing with insider trading concerns amid the surge in prediction market activity?

Related information:

https://www.sltrib.com/news/2026/08/05/utah-wins-round-vs-kalshi-will

https://mashable.com/tech/new-york-sues-kalshi-claims-its-unlicensed-gambling

https://www.cnbc.com/2026/07/09/prediction-markets-spark-insider-trading-fears-how-firms-are-responding.html

What Are Circle Hack’s Ramifications for Crypto Industry? 

Consider writing about:

Legal fallout for blockchain company Circle following the Drift protocol hack earlier this year, possibly by North Korea-linked attackers; how the attack was carried out, and what this may indicate regarding the overall cyberthreat landscape for the crypto industry and the industry’s clients; what to know about allegations being made regarding Circle’s security systems or response to the hack; potential liability on Circle’s part; any options for financial recovery on the part of Circle users.

Related information:

https://finance.yahoo.com/markets/crypto/articles/circle-hit-lawsuit-over-230m-074321244.html

Community Bank to Pay More Than $9.7M Over Alleged Bank Secrecy Act Violations 

Consider writing about:

An agreement reached between the U.S. Department of Justice and a community bank and its parent entity in a Bank Secrecy Act case; what to know about alleged compliance failures on EagleBank’s part; related enforcement trends involving community banks or involving violations of the Bank Secrecy Act; how companies under investigation by the DOJ can increase their chances of securing a non-prosecution agreement.

Related information:

https://www.justice.gov/opa/pr/eaglebank-agrees-pay-more-97-million-resolve-bank-secrecy-act-investigation

Implications of CJEU Ruling in Sanctions-Related Case 

Consider writing about:

A June ruling by the Court of Justice of the European Union in a case involving government sanctions; what this case may illustrate regarding the impact (or lack thereof) of U.S. sanctions on European law; what to know about bank customer rights in the European Union and EU laws and financial community practices as they pertain to the prevention of money laundering and terrorist financing; and perhaps a comparison of applicable compliance obligations in the European Union to those in the United States.

Related information:

https://curia.europa.eu/site/upload/docs/application/pdf/2026-06/cp260084en.pdf

Financing Options for Small Businesses [Ongoing] 

Consider writing about:

Financing options for a small business when a bank loan fails to come through; alternative sources of funding, and their relative pros and cons; additional financial management guidance for small businesses in the absence of a bank loan; how small-business bank lending has trended over the years; how a small business can increase its longer-term prospects of securing a bank loan.

$45M Settlement Reached Over Cash App Fraud Protections 

Consider writing about:

A $45 million settlement between Block Inc. and 46 states over Cash App’s fraud protection performance; alleged customer harms or risks resulting from Block systems or practices; practices that Block is required to implement (or, in some cases, cease) as part of the multistate settlement; how Cash App and similar companies are regulated, compared to a traditional lending institution; what the Block Inc. settlement may demonstrate regarding state AGs’ priorities and powers, whether generally speaking or in the context of a response to the second Trump administration’s approach to regulation and oversight.

Related information:

https://nebraskapublicmedia.org/en/news/news-articles/nebraska-attorney-general-announces-45-million-multistate-settlement-with-company-behind-cash-app

What’s Next for the CFPB? 

Consider writing about:

What may be ahead for the Consumer Financial Protection Bureau, given that Russell Vought’s tenure as acting director is due to end in August; who is in line to succeed Vought; how Vought has reshaped the CFPB; what to know about the CFPB’s current status, funding, and priorities.

Creditor Options in the Event of Fraud by a Debtor [Ongoing] 

Consider writing about:

Fallout from fraud or other misconduct on the part of a debtor in a bankruptcy dispute; past or common examples of such behaviors; options that creditors who suspect debtor misconduct may be able to pursue, either on their own or with the help of outside parties; potential forms of relief for creditors, and penalties for debtors found to have committed bankruptcy fraud.

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