Expert Analysis

• Why SDNY May Be Dusting Off The Financial Kingpin Statute

  

  The Southern District of New York’s recent fraud indictments against executives of bankrupt companies Tricolor and First Brands have seemingly revived the Continuing Financial Crimes Enterprise statute, and if the cases succeed, prosecutors across the country will have ample reason to reach for this long-dormant tool, say attorneys at Lankler Siffert & Wohl.

• Charges Signal Tougher Stance On Execs' Bankruptcy Fraud

  

  The recent criminal charges stemming from the Tricolor and First Brands bankruptcy cases may represent a sea change in the willingness of federal prosecutors to use bankruptcy fraud as a basis to charge corporate officers more frequently alongside traditional statutes such as wire fraud, bank fraud and money laundering, say attorneys at White & Case.

• A Tale Of 2 Self-Disclosure Policies: How SDNY, DOJ Differ

  

  Though the U.S. Attorney’s Office for the Southern District of New York’s recently announced corporate enforcement and voluntary self-disclosure policy shares many similarities with that of the U.S. Department of Justice, the two programs differ in meaningful ways, including subject matter scope and timeline to declination, say attorneys at Wiley.

• Aligning Microsoft Tools With NYC Bar AI Recording Guidance

  

  The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

• FINRA Guide Refines Rules Of The Road For Negative Consent

  

  A recent Financial Industry Regulatory Authority notice streamlines the use of negative consent letters to customers, particularly for introducing brokers and clearing brokers, but it also attaches greater responsibility to compliance, and firms must ensure use of negative consent remains firmly within FINRA's bright-line rules, say attorneys at Mintz.

• Where 5th Circ. Ruling Fits In ERISA Arbitration Landscape

  

  The Fifth Circuit's recent decision in Parrott v. International Bancshares, holding that an Employee Retirement Income Security Act plan may consent to arbitration, must be understood against the backdrop of a developing body of appellate authority addressing ERISA arbitration, say attorneys at Gibson Dunn.

• WTO Most‑Favored‑Nation Reform May Hold Promise

  

  When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.

• 5 Different AI Systems Raise Distinct Privilege Issues

  

  A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

• Fed's Abbreviated Supervisory Statement Packs A Big Punch

  

  Language used in a recent three-page statement from the Federal Reserve Board charts a very clear shift in the supervision of banks and bank holding companies, departing from traditional "Fed speak" and emphasizing material financial risks in exams, says Joseph Silvia at Duane Morris.

• Opinion

  AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

  

  As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

• Reforms To Bank Agency Appeal Processes May Boost Usage

  

  The Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's recent proposed changes to their respective appeals processes are likely to increase banks' filing of supervisory appeals, thanks to the reinforcement that the appeals will not be met with retaliation, says Brendan Clegg at Luse Gorman.

• Series

  Playing Piano Makes Me A Better Lawyer

  

  Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

• NY RAISE Act Raises The Bar For Frontier AI Developers

  

  For organizations developing or substantially modifying highly capable artificial intelligence models, the New York Responsible AI Safety and Education Act represents a meaningful escalation beyond California's S.B. 53, even though it applies to a narrower group of developers, so companies should expect additional obligations, particularly around accelerated incident reporting, say attorneys at Kilpatrick.

• Takeaways From CFPB's Retreat On Immigrant Fair Lending

  

  Practices discouraged under the Consumer Financial Protection Bureau and Justice Department's 2023 statement on the treatment of immigration status under the Equal Credit Opportunity Act may now be permissible following its recent withdrawal, making it crucial for lenders to follow unfolding fair lending developments in this area, say attorneys at Steptoe.

• Bank Action Items For FDIC Digital Display Rule Compliance

  

  Recently finalized Federal Deposit Insurance Corp. rules enhance the flexibility of signage requirements for bank websites, digital banking applications and ATMs, but new compliance hurdles will require cross-functional resources to avoid risk ahead of next year's compliance deadline, say attorneys at Winthrop & Weinstine.