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:
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.
Court Gives Final Approval to $72M BofA Settlement in Epstein Case
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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.
Equifax Agrees to $100M Settlement Over Credit Scores
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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.
FinCEN Pulls Plug on U.S. Companies’ Beneficial Ownership Reporting
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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.
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.
Merrill Lynch to Pay $7M Fine Over Suspicious Activity Reports
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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.
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.
A Safe Bet: Continuing Conflicts Over Prediction Markets
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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?
What Are Circle Hack’s Ramifications for Crypto Industry?
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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.
Community Bank to Pay More Than $9.7M Over Alleged Bank Secrecy Act Violations
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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.
Implications of CJEU Ruling in Sanctions-Related Case
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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.
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
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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.
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]
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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
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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.
How Federal Financial Regulators May Be Creating Immigration-Related Risks for Lenders, Employers
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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.
Top Takeaways From Proposed CFTC Rule on Prediction Market Event Contracts
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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.
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.
New Education Dept. Rule on Student Loans Brings Questions, Worries
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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.
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.
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.
A May 19th Executive Order on the financial services industry; what the Executive Order could mean for the overall industry, and for the fintech sector in particular; how the Executive Order aligns with other Trump administration actions regarding fintech firms.
Judge Gives Final OK to Credit Card Misclassification Settlement
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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.
What to Know About Proposed Changes to AML/CFT Rules
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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.
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
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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?
Financial Regulators Sound the Alarm Over Possibility of Iran-Backed Cyberattacks
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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.
What Proposed Rule Means for Stablecoin Issuers’ Obligations
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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.