Latest news
UK PRA consults on modernising the liquidity policy framework
The UK Prudential Regulation Authority (PRA) has published consultation paper CP5/26 proposing reforms to modernise the existing prudential liquidity framework, taking into account advances in digital banking, payments and communications, and structural developments in the supply of central bank reserves. The proposals focus on targeted amendments to Pillar 2 and through changes to the Internal Liquidity Adequacy Assessment (ILAA) rules and related supervisory expectations within relevant...By: A&O Shearman
DOL Proposes New ERISA Safe Harbor for Alternative Investments in Retirement Plans
On March 30, 2026, the Department of Labor’s (DOL) Employee Benefits Security Administration proposed a regulation (the Proposal) creating a new process-based safe harbor for Employee Retirement Income Security Act of 1974 (ERISA) fiduciaries that select designated investment alternatives for 401(k) and other participant-directed individual account plans....By: Latham & Watkins LLP
Prediction Market Legislation Continues to Evolve as Congress Advances New Bills
Congressional attention to prediction markets continues to expand, with new House and Senate bills adding to a growing set of proposals that would reshape the legal and regulatory framework for event contracts....By: Venable LLP
N.D. Cal. Court Dismisses Plaintiffs’ Complaint Against PayPal for Failing to Allege Market Power and Antitrust Standing
In Sabol v. PayPal Holdings Inc., No. 23-cv-05100-JSW (N.D. Cal. Nov. 5, 2025), the court dismissed Plaintiffs’ complaint because they failed to allege PayPal had market power and failed to allege antitrust standing, with leave to amend. Originally published in the California Lawyers Association E-Briefs, News and Notes - February 2026...By: Zelle LLP
DOL Issues Proposed Rule and Safe Harbor Intended to Facilitate the Inclusion of Alternative Assets in 401(k) Plans
On March 30, 2026, the U.S. Department of Labor (“DOL”) issued a much-anticipated proposed regulation (“Proposed Rule”) that would facilitate the inclusion of alternative assets within designative investment alternatives (“DIAs”) offered under participant-directed defined contribution plans such as 401(k) plans (“DC Plans”)....By: Proskauer - Employee Benefits & Executive
Reading Between the Lines: The New SEC SOX Enforcement Group
The recent job postings by the Securities and Exchange Commission (SEC) on USAJOBS.gov — the U.S. government’s job board — has caused speculation regarding the future of the Public Company Accounting Oversight Board’s (PCAOB) Division of Enforcement and Investigations. Specifically, on March 16, 2026, the SEC posted managerial positions for both a supervisory general attorney and a supervisory trial counsel in the newly formed SOX Group (the Group) within the SEC’s Division of Enforcement....By: Foley & Lardner LLP
SEC–CFTC 2026 Harmonization MOU
The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have entered into a new Memorandum of Understanding (MOU) that sets out how they plan to coordinate in areas of overlapping jurisdiction. Signed March 11, 2026, the MOU sits alongside a broader CFTC–SEC harmonization effort underscoring a more integrated approach to supervising shared markets....By: Foley & Lardner LLP
Key Insights from the Division of Enforcement’s Panel at the SEC Speaks 2026 Conference
At this year’s Securities and Exchange Commission (SEC) Speaks conference on March 20, 2026, leaders from the Division of Enforcement (the Division) outlined their priorities and approaches to investigations, charging decisions, and corporate cooperation. The overarching theme was a continued shift from pure metrics, such as case counts or penalties, to qualitative assessments focused on investor protection and the integrity of the markets under Chairman Atkins’s leadership......By: Foley & Lardner LLP
SEC Speaks 2026: SEC Leadership Signals a Lighter Regulatory Touch, but Offers Few Enforcement Details
At this year’s Securities and Exchange Commission (SEC or the Commission) Speaks, Chairman Paul Atkins and Commissioners Mark Uyeda and Hester Peirce delivered a broadly consistent message about the Commission’s direction: to modernize outdated rules, reduce unnecessary compliance burdens, provide greater regulatory clarity, and take a more restrained approach to agency authority. Across their remarks, SEC leadership emphasized clearer rulemaking over “regulation by enforcement,” a renewed focus...By: Foley & Lardner LLP
Proposed Department of Labor Regulation Would Expand the Availability of Alternative Investments Within 401(k) Plans
On March 30, 2026, the Department of Labor (“DOL”) issued a proposed regulation titled “Fiduciary Duties in Selecting Designated Investment Alternatives” (the “Proposal”). The Proposal: (1) includes safe harbors for fiduciaries when selecting investment options to include in a participant-directed plan’s (“401(k) Plan”) investment menu; (2) provides clarification regarding the prudent selection of investment options offered under a 401(k) Plan; and (3) seeks to alleviate regulatory burdens and...By: Seward & Kissel LLP
Hospitality OpCo Investments: Opportunities and Challenges
At this year’s Americas Lodging Investment Summit (ALIS) in Los Angeles, the sun was out, the discussions outside of the Starbucks at the JW Marriott were upbeat, and everyone was looking for their next deal....By: Goodwin
Mortgage Origination and Servicing - March 2026
Welcome to the second chapter of our annual report, Consumer Financial Services: 2025 Year in Review. In 2025, the mortgage market saw federal enforcement efforts decrease as the Consumer Financial Protection Bureau (CFPB) shifted priorities away from subject areas like fair lending....By: Goodwin
Student Lending - March 2026
Welcome to the 10th chapter of our annual report, Consumer Financial Services: 2025 Year in Review. Following a slowdown in federal oversight of the student lending environment in 2025, the compliance landscape has become quieter and more fragmented for lenders and servicers....By: Goodwin
Credit Reporting - March 2026
Welcome to the ninth chapter of our annual report, Consumer Financial Services: 2025 Year in Review. In 2025, Goodwin tracked four public enforcement actions related to credit reporting requirements or credit monitoring or repair services....By: Goodwin
Payday and Small-Dollar Lending - March 2026
Welcome to the eighth chapter of our annual report, Consumer Financial Services: 2025 Year in Review. In 2025, the Consumer Financial Protection Bureau (CFPB) reduced its scrutiny of small-dollar lenders by publicly announcing that it “will not prioritize enforcement or supervision actions” on its small-dollar lending rule, which took effect in March, and signaling that it may narrow the rule via rulemaking...By: Goodwin
Cards, Payments, and Consumer Banking - March 2026
Welcome to the sixth chapter of our annual report, Consumer Financial Services: 2025 Year in Review. We expect financial institutions will continue to navigate a fractured regulatory landscape....By: Goodwin
Florida Fourth DCA Clarifies Limits of Attorney Liability in Third‑Party Opinion Letters
The Florida Fourth District Court of Appeal recently affirmed that an attorney who prepares an opinion letter on behalf of the borrowers for the benefit of the lender in an arms-length transaction does not owe a duty to the lender. In this case, a $7.5 million loan was issued to the operators of ultra-luxury auto dealerships, and its cars, such as a 2019 McLaren Senna, were used as collateral for the loan....By: Marshall Dennehey
Token Fraud Decision Sets Limits on Crypto Platform Liability
On March 2, 2026, the U.S. District Court for the Southern District of New York struck down another attempt by users of the decentralized crypto exchange, Uniswap Labs, to pin fraud by token issuers on the platform enabling the tokens’ trading. The decision in Risley v. Uniswap, No. 22-cv-02780, 2026 WL 572065, came on remand after the U.S. Court of Appeals for the Second Circuit affirmed dismissal of Plaintiffs’ federal securities law claims, holding that “it defies logic that a drafter of a...By: Sheppard, Mullin, Richter & Hampton LLP
The Fine Print of 529 Plans: What New York Doesn’t Cover
Section 529 plans provide a tax-advantaged way to save for education expenses, but account holders should be mindful of important differences between federal and New York tax treatment of distributions from such plans....By: Farrell Fritz, P.C.
Federal Agencies Propose Streamlined, More Risk Sensitive Framework to Modernize Bank Capital Framework
On March 19, the Federal Reserve, Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC) (collectively, the agencies) jointly issued three proposed rules to “modernize” the regulatory capital framework for banking organizations of all sizes. The agencies aim to simplify how capital is calculated, better align requirements with underlying risk, and maintain the strength of the banking system, even as they project a modest decline in aggregate capital...By: Troutman Pepper Locke
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