Newsletters

03.11.20

Federal Reserve Board Takes Control

Following years of uncodified interpretive guidance, the Board of Governors of the Federal Reserve System adopted a final rule addressing the issue of how to determine whether one company has “control” over another company for purposes of the Bank Holding Company Act and the Home ...


02.27.20

Maryland Bill Would Ban Merchant Cash Advances

On February 3, 2020, Maryland State Senator Benjamin Kramer introduced a bill that would completely prohibit merchant cash advances (MCAs) in Maryland.  


02.13.20

CSBS Reports On Progress in Implementing Vision 2020

What progress has the Conference of State Bank Supervisors (CSBS) made in implementing the 2019 recommendations of the Fintech Industry Advisory Panel (the “Advisory Panel”) related to Vision 2020, its bold approach to modernizing and streamlining the state licensing and supervision of ...


01.16.20

Burnt Out? SAFE Banking Act Faces Senate Opposition

After making it farther than any prior legislation enabling financial services to be provided to legitimate marijuana businesses, the bill appears to be stalled in the Senate.


01.09.20

Manatt Fintech: What to Expect in 2020

Taking a break after eight brisk years of regulatory and litigious turbulence, the world of fintech and marketplace lending in 2019 was notable for being more business as usual, or what some might call a “ho hum” year of upward growth.


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

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.


12.18.19

FDIC Works With States, Considers Section 19 Rule Adjustments

Is the Federal Deposit Insurance Corporation (FDIC) moving to work more closely with the state regulators with whom it shares so much prudential authority?


12.04.19

Disgorgement: One Less Arrow in the SEC’s Quiver?

Can the Supreme Court’s 2017 decision in Kokesh v. SEC, which found that disgorgement is a penalty and not an equitable remedy for statute of limitations purposes, be logically expanded to spell the end of the SEC’s long-standing and widely accepted practice of seeking disgorgement from ...


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 ...