Newsletters

01.07.20

2019 Financial Services M&A and Capital Markets Year in Review

Although it was very quiet on the western front (in particular, in California), 2019 was generally a solid year for banks pursuing merger and acquisition opportunities and accessing the capital markets.


12.24.19

PayPal Hits CFPB With Lawsuit Over Prepaid Rule

PayPal, Inc., filed suit against the Consumer Financial Protection Bureau (CFPB) recently, challenging the Prepaid Accounts Under the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z) Rules as a violation of its First Amendment rights.  


12.24.19

FDIC Proposes to Update Brokered Deposits Regs

In a notice of proposed rulemaking (NPRM), the Federal Deposit Insurance Corporation (FDIC) announced its plan to update its brokered deposits regulations.


12.04.19

OCC, FDIC Propose Madden Fix Regulations

In a welcome development for fintechs, lenders and investors, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) separately have proposed regulations to address the substantial uncertainty created by the Second Circuit’s decision in Madden ...


10.30.19

Executive Orders Limit Agency Guidance

Two executive orders recently signed by President Donald Trump will now require that federal agencies publish all informal guidance and limit its use in enforcement actions.


10.16.19

Lawmakers Urge Rulemaking to Overturn Madden

In Madden v. Midland Funding, LLC, the Second Circuit refused to rule that the National Bank Act (NBA) pre-empted state law usury claims against an assignee of a national bank.


09.25.19

Déjà Vu: D.C. Court Dismisses Challenge to OCC’s Fintech Charter

In the latest battle over the Office of the Comptroller of the Currency’s (OCC’s) plan to issue special purpose national bank (SPNB) charters, a D.C. federal judge has for a second time dismissed a lawsuit brought by the Conference of State Bank Supervisors (CSBS).


09.25.19

Eleventh Circuit Tosses Online Lender’s Forum Selection, Class Waiver Clauses

Siding with six consumers who filed suit asserting violations of state usury laws against online lenders, the U.S. Court of Appeals for the Eleventh Circuit has affirmed a decision by the U.S. District Court for the Southern District of Georgia, holding that the enforcement of forum selection ...


08.14.19

California DBO Proposes Commercial Finance Disclosure Regulations and Seeks Further Comments

The California Department of Business Oversight (DBO) has issued its long-awaited draft regulations to implement SB 1235, a 2018 law requiring consumer-like disclosures for commercial financing in California.  The DBO has requested public comment on these draft regulations, giving interested ...


07.16.19

White House Weighs In on Cryptocurrency and Digital Investments

In a White House news conference Monday, July 15, Treasury Secretary Steven Mnuchin expressed serious concerns about cryptocurrency and digital investments and raised national security implications of large technology companies creating their own coin.