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A Long-Awaited Step: SEC and CFTC Provide Interpretation for Crypto Asset Taxonomy
On March 17, 2026, the U.S. Securities and Exchange Commission ("SEC") and Commodity Futures Trading Commission ("CFTC") jointly issued interpretive guidance clarifying how the federal securities laws apply to various crypto assets and activities....By: Jones Day
5 Key Takeaways | Talk Legal To Me
Kilpatrick’s Jordan Goodman recently presented “Talk Legal To Me” at the Sharpen Your Focus UPPO Annual Conference in San Antonio....By: Kilpatrick
Weekly Blockchain Blog - March 2026 #5
U.S. Crypto Companies Announce Initiatives Aimed at Institutional Adoption - According to reports, the Solana Foundation recently announced the launch of the Solana Developer Platform (SDP). The SDP reportedly bundles infrastructure from more than 20 technology partners into a single, API-driven interface that is designed to lower the technical barriers enterprises typically face when building on blockchain networks....By: BakerHostetler
Is the Turf War Finally Over? SEC and CFTC Sign Historic Regulatory Alliance
As we reported last month, the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC) have been advancing a joint harmonization initiative to reduce regulatory fragmentation across financial markets, particularly for digital assets. That effort has now produced a formal agreement....By: Husch Blackwell LLP
Federal banking regulators propose updates to modernize regulatory capital framework
On March 19, the Fed, the OCC, and the FDIC issued and requested comment on three proposals to modernize the U.S. regulatory capital framework for banking organizations. Fed Vice Chair for Supervision Michelle Bowman, in a March 12 speech, announced that the agencies planned to release these proposals to implement the final phase of Basel III in the United States....By: Orrick, Herrington & Sutcliffe LLP
OCC releases CRA evaluations for February 2026
On March 2, the OCC released its CRA performance evaluations for 24 national banks and federal savings associations, assessing how well these institutions met the credit needs of their communities, including low- and moderate-income neighborhoods....By: Orrick, Herrington & Sutcliffe LLP
CFPB releases draft FY 2026-30 strategic plan for public comment
On March 13, the CFPB published a draft strategic plan for fiscal years 2026 to 2030 for public comment. The plan outlines three primary goals: (i) addressing pressing threats to consumers; (ii) reducing unwarranted regulatory burdens; and (iii) strengthening governance and culture....By: Orrick, Herrington & Sutcliffe LLP
White House issues executive order to expand mortgage credit access
On March 13, the White House issued an executive order titled “Promoting Access to Mortgage Credit.” The order states that statutory and regulatory changes adopted over the past two decades, specifically the Dodd-Frank Act, have increased compliance burdens related to originating and servicing mortgages — which have contributed to a decline in bank participation in mortgage lending, particularly among banks with fewer than $100 billion in assets....By: Orrick, Herrington & Sutcliffe LLP
House Financial Services subcommittee holds hearing on combating fraud in financial institutions
On March 5, the House Financial Services Subcommittee on Financial Institutions held a hearing titled “Fighting Fraud on the Front Lines: Challenges and Opportunities for Financial Institutions.” The subcommittee examined methods financial institutions use to detect and prevent financial and payments fraud, as well as the regulatory and legal barriers they face....By: Orrick, Herrington & Sutcliffe LLP
Criminal Liability for Money Laundering: Why every business should care
Enforcement is expanding, are your controls keeping up? As recent enforcement actions highlight, criminal liability for money laundering applies to everyone. It is not just banks or payments firms that need effective money laundering controls to protect themselves from fines. All businesses should be thinking more carefully about where financial crime risk can arise in their operations, and whether their controls are keeping pace with a more active enforcement environment....By: Hogan Lovells
The End of Regulation by Enforcement? Unpacking the SEC-CFTC Joint Crypto Interpretation
For nearly a decade, the development of substantive cryptocurrency ventures within the United States has been conducted amid considerable regulatory ambiguity. This uncertainty arose not from the inherent complexity of applicable statutes, but rather from the failure of regulatory authorities to provide definitive interpretive guidance. Founders were compelled to structure token offerings based upon conjecture regarding regulatory treatment....By: Falcon Rappaport & Berkman LLP
Introducing our new 6-part podcast mini-series: Debt Sales 101
We are excited to announce the launch of a new six-part podcast mini-series focused on one of the most important and often misunderstood areas of consumer financial services: debt sales. A new episode will be released each Monday, with our first episode being released this coming Monday....By: Ballard Spahr LLP
Treasury to assume federal student loan default collections under new interagency agreement
On March 19, the U.S. Department of Education (ED) and Treasury announced an interagency agreement under which Treasury will take “operational responsibility” for collecting defaulted federal student loan debt and provide “operational support” for ED’s efforts to return borrowers to repayment....By: Orrick, Herrington & Sutcliffe LLP
Sullivan Advises BAFT and ITFA on Updated CRR Legal Opinions Covering the Suite of Master Participation Agreements (MPAs)
Sullivan has advised BAFT (the Bankers Association for Finance & Trade) and ITFA (the International Trade and Forfaiting Association) in relation to updated Capital Requirements Regulation (CRR) legal opinions covering the suite of English and New York law Master Participation Agreements (MPAs)....By: Sullivan & Worcester
DHC Defeats MCA Funders in Bankruptcy Court
If your restaurant is carrying merchant cash advance debt with triple-digit implied interest rates, pay attention. Our bankruptcy team just secured a major victory that changes the landscape for MCA litigation—and it has direct implications for restaurant owners who thought they were trapped....By: Davidoff Hutcher & Citron LLP
Prediction Markets Developments: State Regulators and the CFTC Await Appellate Rulings That Will Define Their Enforcement Roles
Prediction markets—markets on which participants trade contracts whose outcomes depend on the outcome of an event—have experienced staggering growth since 2024. This rapid growth has drawn increased attention from both state and federal regulators....By: Vinson & Elkins LLP
CFPB seeks comment on reinstating mortgage advertising and land sales information collections
On March 20, the CFPB published a notice in the Federal Register requesting public comment on the reinstatement of an information collection titled “Mortgage Acts and Practices—Advertising (Regulation N).” Regulation N prohibits misrepresentations about the terms of mortgage credit products in commercial communications and requires covered persons to retain certain related records for 24 months from the date of last dissemination. The notice requested the Office of Management and Budget (OMB)...By: Orrick, Herrington & Sutcliffe LLP
CFTC chair announces formation of Innovation Task Force
On March 24, CFTC Chair Michael Selig announced the launch of the “Innovation Task Force,” which the agency said is dedicated to advancing clear rules for companies building novel products and technologies within U.S. derivatives markets....By: Orrick, Herrington & Sutcliffe LLP
Fannie Mae and Freddie Mac revise homeowners insurance and condominium requirements
On March 18, the FHFA announced that Fannie Mae and Freddie Mac (i.e., the enterprises) would remove and revise certain homeowners insurance and condominium project review requirements across their respective selling and servicing guides in response to what the FHFA characterized as “skyrocketing” insurance costs....By: Orrick, Herrington & Sutcliffe LLP
FDIC rescinds 2009 policy on failed bank acquisitions
On March 19, the FDIC Board of Directors announced the rescission of its 2009 “Statement of Policy on Qualifications for Failed Bank Acquisitions” and related 2010 guidance, effective March 23. The FDIC described the rescinded policy as imposing “onerous and highly prescriptive measures” on private capital investors seeking to acquire failed bank assets or deposit liabilities, including heightened capital standards, cross-guarantee requirements, “restrictive” affiliate transaction limits, and...By: Orrick, Herrington & Sutcliffe LLP
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