Expert Analysis

• 5 Takeaways From OCC's 'Appealing' Exam Challenge Revamp

  

  The Office of the Comptroller of the Currency's recent proposed overhaul of its bank appeals framework introduces several attractive, high-level changes that OCC-supervised banks and their counsel should note, and may lead to an increase in successful exam challenges, says James Williams at Venable.

• What The CFTC's Event Contracts Amicus Brief Is Missing

  

  The U.S. Commodity Futures Trading Commission's recent amicus brief in the Ninth Circuit's North American Derivatives Exchange v. Nevada case declines to define the boundary between swaps and wagers, leaving market participants, exchanges and intermediaries operating within a regulatory framework whose boundaries remain undrawn, says Tamara de Silva at De Silva Law Offices.

• Series

  Podcasting Makes Me A Better Lawyer

  

  Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

• Why The NCUA's Stablecoin Moment Matters

  

  The National Credit Union Administration, a historically conservative federal agency, recently proposed a detailed stablecoin licensing framework, confirming that the proposition of building a regulatory architecture within the banking industry has moved well past "whether" and firmly into "how," says Stephen Aschettino at Fox Rothschild.

• Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

  

  In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.

• Lessons From Justices' Split On Major Questions Doctrine

  

  The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

• Share Repurchases Leave Cos. Susceptible To Litigation

  

  Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

• How The New Tariff Landscape May Unfold

  

  To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

• 4th Circ. Navy Federal Decision Illustrates Nuances Of Rule 23

  

  The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union helpfully clarified how class action defendants can use Rule 23(c)(1)(A) to eliminate exposure early, along with the limitations of such an approach, attorneys at Duane Morris.

• How DOJ Is Rethinking Corporate Crime Prosecution Tactics

  

  Recent statements from the Justice Department seem to indicate an incremental shift away from relying on collective employee knowledge when prosecuting corporate crime, and from exploring the bounds of case law that has not been a model of clarity, say attorneys at Covington.

• 5 Key Issues Affecting Deal Structurings In Ship Finance

  

  Several trends are shaping the ship finance landscape, including the impact of Basel IV in Europe and the Nordic bond market, making it essential for both lenders and shipowners to utilize creative deal structuring and maintain an awareness of competitive dynamics across traditional bank and private lending, say attorneys at Holland & Knight.

• 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

  

  The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

• Complaint Portal Updates Prove That The CFPB Is Listening

  

  The Consumer Financial Protection Bureau's recent updates to its online complaint portal not only clarify complaint pathways and strengthen identity verification, but also signal that the bureau is more willing to consider industry perspectives on its activities and change course where warranted, say attorneys at Manatt.

• How Banks Can Apply FinCEN Beneficial Ownership Relief

  

  A recent Financial Crimes Enforcement Unit order limiting the circumstances under which banks should identify and verify beneficial owners may allow banks to tailor their approach to verification compliance, but only after reviewing customer due diligence policies and evaluating alignment with their risk profiles, say attorneys at Cleary.

• Opinion

  3 Reasons We Need Digital Asset Market Structure Legislation

  

  As bills to regulate the cryptocurrency industry risk stalling in Congress, policymakers and market participants must remember why a durable statutory framework, not governance by agency action, is key to unlocking the full potential of the U.S. digital asset ecosystem, say attorneys at Davis Polk.