News from the economy, politics and the financial markets
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Recalibrating Economic Crime Sentencing: The U.S. Sentencing Commission’s Proposed Reforms to Section 2B1.1 and What They Mean for the Defense Bar
Proposed Amendments Released December 12, 2025 | Public Comment Due February 10, 2026 - The U.S. Sentencing Commission (the “Commission”) has proposed amendments to federal fraud sentencing guidelines and is soliciting comments from the public....By: Epstein Becker & Green
Shelf Space: The CPG Advisor Conundrum: Great Fit, Wrong Expectations
It sounds simple enough: a CPG (consumer packaged goods) startup wants to grow its retail footprint, and engaging an industry advisor seems like the answer. And the founder thinks they’ve identified just the right advisor for the job. The advisor says they love the startup. They believe in the product. They’re convinced that they can help the founder’s baby scale into a full-grown exit....By: Polsinelli
SEC and Large Banks Continue Pushback on Proxy Advisers After JPMorgan
The Wall Street Journal is reporting that Wells Fargo has adjusted its approach to proxy voting and its use of proxy-advisory services, adding another high‑profile example to the growing trend of large financial institutions recalibrating their reliance on proxy advisers. This development follows closely on the heels of JPMorgan’s separation from certain proxy-advisory workflows discussed in our recent posts, and it reinforces the likelihood that the 2026 proxy season will see more...By: Foley Hoag LLP - Public Companies & the Law
Possession With Intent to Foreclose
In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank (“Plaintiff”) had standing to foreclose and demonstrated through admissible business records that its counsel possessed the original note prior to commencement of the foreclosure proceeding....By: Cadwalader, Wickersham & Taft LLP
Crypto Within the Perimeter, January 2026 - Comptroller of the Currency Gould Floats Changes to Resolution Planning
In remarks delivered on January 16, 2026, to the American Bar Association Banking Law Committee meeting in Washington, DC, Comptroller of the Currency Jonathan Gould offered a strong critique of the current U.S. bank resolution planning framework, questioning both its legal foundations and its practical value after more than a decade of implementation....By: Cadwalader, Wickersham & Taft LLP
New and Revised CDIs on Proxy Rules, Exchange Offers and Tender Offers
On January 23, 2026, the Securities and Exchange Commission’s Division of Corporation Finance revised a number of Compliance and Disclosure Interpretations (“CDIs”) and issued several new CDIs. The revised CDIs span different topics, from registered exchange offers to proxy solicitations. Overall, the CDIs reflect the current Commission’s focus on addressing regulatory requirements that may impose unnecessary burdens on registrants....By: Mayer Brown Free Writings + Perspectives
Crypto Within the Perimeter, January 2026 - The UK Consults on How It Applies Its Regulatory Regime To Regulated Cryptoasset Activities
On 23 January 2026, the UK’s Financial Conduct Authority (FCA) published Consultation Paper 26/4 (the CP) on remaining aspects as to how cryptoasset firms will be required to follow FCA Handbook requirements once they are brought within the FCA’s regulatory remit following its imminent expansion....By: Cadwalader, Wickersham & Taft LLP
Top 10 EU regulatory milestones to watch in 2026
The Top 10 EU regulatory milestones to watch in 2026 highlights upcoming EU regulatory developments relevant to M&A and project financing. It aims to help businesses and investors anticipate how forthcoming changes may affect their investment and transaction planning. The EU regulatory landscape is undergoing significant transformation. Following years of intensive legislative activity, the European Commission is now turning its attention to simplification, enforcement, and targeted revision of...By: A&O Shearman
Changes to Dutch bonus cap
27 January 2026, the Dutch House of Representatives (Tweede Kamer) has approved a legislative proposal concerning important changes to the Dutch bonus cap. Currently, the Dutch Financial Supervision Act (Wet op het Financieel Toezicht, DFSA) includes a strict bonus cap for all persons working under the responsibility of certain financial institutions (Article 1:121 DFSA). The approved legislative proposal includes significant amendments to the current legislative framework, including the...By: A&O Shearman
N.J. Attorney General Preserves Disparate Impact Theory of Lending Discrimination for Borrowers
The Trump Administration issued an executive order in April 2025 directing federal agencies to no longer rely on the "disparate impact" theory of liability to find financial institutions and others guilty of discrimination under various federal "fair lending" laws, including the Fair Housing Act and Equal Credit Opportunity Act. This was good news for financial institutions and other entities, including those that deal with New Jersey residents. However, New Jersey has responded by taking a...By: Holland & Knight LLP
Crypto Part VII: De Minimis
“De minimis” has gotten a lot of airplay in discussions about the regulation and taxation of crypto. De minimis comes from the Latin maxim, "de minimis non curat lex," translating to "the law does not concern itself with trifles." Much U.S. law is rooted in Early English common law, and by extension, Roman law with all its Latin vernacular. According to Wex, “De minimis is something that is very trifling or of little importance. [It] usually refers to something so small, whether in dollar terms,...By: ASKramer Law
Keynote Q&A: Private credit evolves as competition intensifies
The private credit industry entered 2026 in a robust position, having delivered consistently good risk-adjusted returns and secured strong fundraising support from investors. However, M&A financing opportunities remain in short supply. In response, private credit players have had to tighten margins and loosen terms to win new deals and protect existing portfolios in an increasingly competitive market....By: White & Case LLP
AI Risk Meets Cyber Governance: NIST’s Draft Cyber AI Profile
On December 16, 2025, the National Institute of Standards and Technology (“NIST”), a non-regulatory federal agency within the U.S. Department of Commerce that promotes innovation through technical standards setting, released a preliminary draft of its forthcoming Cyber AI Profile....By: Goodwin
The New UK Cryptoasset Regime — It’s Time to Act and Build Your Plan
The Financial Conduct Authority (FCA) hosted a webinar on 29 January on the new regime for cryptoasset regulation that will commence 25 October 2027. The FCA stressed the importance for cryptoasset businesses to act now and start preparing to apply for authorisation under the new regime, including engaging early with the FCA ahead of any application submission....By: Paul Hastings LLP
European issuers optimise debt facilities as exit window opens
Europe's leveraged finance markets have given issuers sufficient space to navigate macroeconomic headwinds and prepare for an increase in deals in 2026. Through periods of uncertainty, the system has slowed but not stalled. Defaults have been benign, sector-specific challenges have not deepened, and issuance across BSL, high yield and private credit markets has been strong. This has afforded lenders the opportunity to lay the foundation for exit opportunities in the coming 12 to 18 months....By: White & Case LLP
Sponsor Focus: PE Maximises Optionality As M&A Green Shoots Emerge
In an improving but still challenged M&A market, private equity sponsors are taking advantage of increasingly flexible leveraged lending markets to negotiate lower borrowing costs and create bespoke deal structures. European leveraged loan issuance for buyouts reached €29.3 billion in 2025—just trailing the €32.1 billion recorded in 2024, according to Debtwire....By: White & Case LLP
Beyond chapter 11: How US companies are using UK restructuring plans
As a result of a well-developed recognition regime in the United States and the adoption of accessible restructuring laws in jurisdictions around the globe, new options for restructuring global businesses have emerged. In particular, the rising popularity of liquidity management exercises (LMEs) has accelerated opportunities to pursue cross-border restructuring without the full chapter 11 process....By: DLA Piper
Update on California’s Venture Capital Companies Diversity Reporting Program
California’s Fair Investment Practices by Venture Capital Companies Law (FIPVCC), commonly referred to as SB 54, as amended by SB 164, requires certain venture capital companies (including venture capital funds) with a California nexus to register with the Department of Financial Protection and Innovation (DFPI),...By: Cooley LLP
Resolving UK Virgin Media issues: where are we now?
The latest development in relation to issues arising from the Virgin Media case is publication by the Financial Reporting Council (FRC) on 23 January 2026 of guidance for actuaries who are asked to confirm whether a “potentially remediable alteration” would have prevented a scheme from continuing to meet the contracting-out reference scheme test. Where the actuary gives such confirmation, the amendment will be treated as having always been valid for the purposes of the contracting-out...By: Hogan Lovells
Hedge Clauses in Focus: The SEC Charges an Investment Adviser with Four Advisers Act Violations
The SEC charged the Advisers with four separate violations of the Investment Advisers Act of 1940 (the Advisers Act). Combined, the Advisers were described as having approximately $500 million in regulatory assets under management, most of which was associated with retail investors. Pursuant to the settlement, the Advisers were ordered to pay an aggregate civil monetary penalty of $150,000....By: Akin Gump Strauss Hauer & Feld LLP
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