Expert Analysis

• Why Digital Asset Treasuries Are Drawing Regulator Concerns

  

  Financial regulators’ recent focus on potential insider trading and investor risk at hundreds of publicly traded digital asset treasuries may have been summoned by how quickly this rapidly expanding market responds to asset allocation decisions, as well as variations in risk disclosure practices across the sector, say attorneys at The Brattle Group.

• Minn. Financial Abuse Law Should Prompt Operational Review

  

  A new Minnesota law targeting the financial exploitation of vulnerable adults with an order-for-protection mechanism will affect multiple functions across banking organizations, and in the time remaining in 2025, banks should take action to update any needed workflow and documentation protocols, say attorneys at Winthrop & Weinstine.

• SEC Penalties Trended Down In FY 2025, Offering 2026 Clues

  

  The U.S. Securities and Exchange Commission's settled corporate penalties in fiscal year 2025 show a clear dividing line, as the largest penalties all came before Inauguration Day, a trend that may continue as the types of cases that lead to the biggest penalties seem to be no longer favored by the commissioners, say attorneys at Dentons.

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  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• A Close Look At The Evolving Interval Fund Space

  

  Interval funds — closed-end registered investment companies that make periodic repurchase offers — have recently moved to the center of the conversation about retail access to private markets, spurred along by President Donald Trump's August executive order incorporating alternative assets into 401(k) plans and target date strategies, say attorneys at Simpson Thacher.

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.

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  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• The Future Of Digital Asset Oversight May Rest With OCC

  

  How the Office of the Comptroller of the Currency handles fintechs' growing interest in national trust bank charters, demonstrated by a jump in filings this year, will determine how far the federal banking system extends to digital assets, and whether the charter becomes a mainstream supervisory pathway, say attorneys at Sheppard Mullin.

• What CFPB Disparate Impact Proposal Means For Lenders

  

  Should the Consumer Financial Protection Bureau's reasoning for making proposed changes to the Equal Credit Opportunity Act — and the bureau itself — survive, lenders and other participants in the consumer finance industry may see a reduced emphasis on protected characteristics, say attorneys at Saul Ewing.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• How 2nd Circ. Decision Extends CFTC's Extraterritorial Reach

  

  The Second Circuit recently concluded in U.S. v. Phillips that the Commodity Exchange Act extends to entirely foreign conduct if a victim of the conduct is based in the U.S., suggesting there is a heightened risk that foreign swap transactions will be susceptible to U.S. regulation when U.S. counterparties are involved, say attorneys at Skadden.

• How Banks Can Pilot Token Services As Fed Mulls Reforms

  

  While the Federal Reserve explores streamlined payment accounts and other reforms aimed at digital asset infrastructure, banks and payment companies seeking to launch stablecoin services must apply the same rigor they use for cards or automated clearinghouse, says Christopher Boone at Venable.

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  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• 5 Bonus Plan Compliance Issues In Financial Services

  

  As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.

• What To Watch As NY LLC Transparency Act Is Stuck In Limbo

  

  Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.