News from the economy, politics and the financial markets
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Community bank reaches $2.4M agreement in 2023 data breach class action
On March 3, a purported data breach victim, acting on behalf of a proposed settlement class, and a Nebraska family-owned bank filed an unopposed motion in the U.S. District Court for the District of Massachusetts seeking preliminary approval of a $2.4 million class action settlement resolving claims over a data breach tied to the exploitation of a file transfer software vulnerability....By: Orrick, Herrington & Sutcliffe LLP
Conflict in the Gulf – Oil Price Volatility and Credit Escalation Clauses in Documentary Letters of Credit
The rapidly spreading conflict in the Middle East has already impacted oil prices with Brent Crude trading today close to USD 100 a barrel. With no sign that the conflict will have a rapid conclusion we seem to be headed for a period of increased price volatility....By: Sullivan & Worcester
Consumer Financial Enforcement: States to Watch in 2026
The past year has seen unprecedented change at the federal level, including the dramatic scaling back of consumer financial services enforcement activity at the Consumer Financial Protection Bureau (CFPB)....By: Skadden, Arps, Slate, Meagher & Flom LLP
SEC Provides Relief From Newly Imposed Section 16(a) Insider Reporting For FPIs
On March 5, 2026, the United States Securities and Exchange Commission (SEC) issued an order (Order) granting an exemption from insider reporting requirements under Section 16(a) of the Securities Exchange Act of 1934 (Exchange Act) for directors and officers of certain foreign private issuers (FPIs). The exemption follows recent amendments enacted on December 18, 2025 under the Holding Foreign Insiders Accountable Act, which extended Section 16(a) reporting obligations to directors and officers...By: DLA Piper
Episode 398 — Anik Shah, Sandisk Head of Compliance: Anti-Corruption Developments and Managing Risks
Anik A. Shah is Director & Sr. Legal Counsel, Anti-Bribery and Anti-Corruption, at Sandisk, a global semiconductor manufacturer. Anik has more than 15 years of compliance, investigations, regulatory, and law enforcement experience....By: The Volkov Law Group
SEC Grants Extension for D&Os of Certain FPIs Directly Affected by Iran War to Comply With New Section 16(a) Insider Reporting Requirements
On March 13, 2026, in response to a no-action request submitted by Skadden on behalf of a client, the staff of the Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance issued a no-action letter granting directors and officers (D&Os) of foreign private issuers (FPIs)......By: Skadden, Arps, Slate, Meagher & Flom LLP
Climate Risk Meets ERISA: First-of-Its-Kind 401(k) Lawsuit Blends Novel Climate Theory with Traditional Fee Claims, but the Case May Be Weaker Than Its Headlines
A recently filed ERISA complaint has generated headlines suggesting a novel new theory of ERISA liability based on climate risk – but on closer examination, the case is not what it seems....By: Ropes & Gray LLP
Tilting At Windmills: Defending Overconcentration Claims In Today’s Index-Driven Equity Markets
Sancho Panza dispensed this practical wisdom over 400 years ago, and his sage advice survives as a fundamental tenet of Modern Portfolio Theory. The notion that individual investors should maintain a diversified basket of securities is among the most broadly accepted principles of investing. As Warren Buffett famously said: “Diversification is protection against ignorance.” (Buffett added that diversification “makes little sense if you know what you are doing,” but we can probably ignore that...By: Katten Muchin Rosenman LLP
SEC–CFTC ‘Historic’ MOU Signals New Phase of Harmonized Oversight and Innovation-Focused Regulation
On March 11, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) signed a memorandum of understanding (MOU) that both agencies describe as “historic.” The MOU is intended to reset the relationship between the agencies by reducing turf battles, avoiding duplicative regulation, and providing clearer, technology-neutral oversight — particularly in markets where securities and derivatives regimes overlap, including crypto....By: Troutman Pepper Locke
Shift In The Tax Treatment Of Limited Partners Of Qualified Foreign Limited Partnerships In China
While no new formal legislation has been codified into law as of early 2026, a major change in the tax enforcement policy has been implemented starting from 2026, based on the practices of local tax authorities in Shanghai and some other major cities in China....By: DLA Piper
The 5 Documents Every Plan Sponsor Should Have in a Drawer
Running a 401(k) plan isn’t just about picking a fund lineup and hoping employees save enough for retirement. It’s about process, documentation, and proving that you acted like a prudent fiduciary even when markets misbehave. I always tell plan sponsors the same thing: if the Department of Labor knocked on your door tomorrow, there are five documents you’d better be able to pull out of a drawer without breaking a sweat....By: Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Retail Is Back (It Never Really Left)
For much of the past decade, the dominant narrative around retail real estate was one of inevitable decline. E-commerce would swallow physical stores. Department stores were facing existential pressure....By: Goodwin
Seventh Circuit accelerates briefing schedule in Illinois interchange fee prohibition appeal
On March 2, the U.S. Court of Appeals for the 7th Circuit granted an unopposed motion to expedite briefing and oral argument in a consolidated appeal and cross-appeal over the validity of the Illinois Interchange Fee Prohibition Act (IFPA). The consolidated appeals question whether, and to what extent, the National Bank Act and other federal laws preempt the IFPA — an Illinois law that would bar credit card issuers and networks from charging or receiving “interchange fees” on the tax or gratuity...By: Orrick, Herrington & Sutcliffe LLP
Project Financing Trends for Global Energy Storage Projects in 2026 and Beyond
Both the US and global energy storage markets have experienced rapid growth over the last year and are expected to continue expanding rapidly in order to support grid resiliency. Through 2035, global energy storage installations are expected to reach a capacity of 2 terawatts, which is eight times the capacity level reached in 2025....By: Morgan Lewis
District Court rules bankruptcy objections did not void student loan debt
On February 25, the U.S. District Court for the Western District of Arkansas granted a student loan servicer’s motion to dismiss and denied a borrower’s motions, dismissing without prejudice a dispute over student loan debt collection and credit reporting....By: Orrick, Herrington & Sutcliffe LLP
Private Markets Go Public: Inside the SEC’s Push for Retail Participation
Expanding retail access to private markets and alternative investments is top of mind for the current administration and Congress. To this end, the Securities and Exchange Commission (SEC), under the leadership of Chairman Paul S. Atkins, has been exploring ways to facilitate the ability of individual investors to participate in the private markets. In furtherance of this policy shift and changing regulatory landscape, on March 4, 2026, the SEC’s Division of Investment Management (Division)...By: Katten Muchin Rosenman LLP
Assets: What to Do During Divorce
Often couples get anxious about how property will be divided and want to ensure their own financial safety during the divorce process. Thus, one person may withdraw a lump sum of money from the joint bank account or transfer their paychecks into their own account even though the marital bills continue to be paid from the joint account. Though that strategy may benefit them in the present moment, the outcome may have long term effects at the end of the divorce process, such as interest accruing...By: Dentons
Oregon advances DIDMCA opt-out bill to governor for signature
On March 5, the Oregon Senate passed a bill previously passed by the Oregon House (House Bill 4116), sending it to the governor for final approval. The bill directly addresses Section 521 of DIDMCA by declaring that Oregon “does not want” the amendments in that section to apply to consumer finance loans made in the state. Section 521 of DIDMCA extends insured state banks the same rate exportation authority as national banks, enabling state-chartered banks to export rates of their home state...By: Orrick, Herrington & Sutcliffe LLP
Baby Steps: Treasury Issues First Set of Proposed Regulations for Trump Accounts
Section 70204 of the 2025 tax bill, commonly referred to as the One Big Beautiful Bill Act or OBBBA (Public Law 119-21, 139 Stat. 72 (July 4, 2025)), added new sections 530A, 6434 and 128 to the Internal Revenue Code of 1986, as amended (the “Code”)....By: Brownstein Hyatt Farber Schreck
California DFPI issues consent order alleging unlicensed and deceptive debt collection violations
On February 27, the California DFPI entered a consent order resolving allegations that a debt collection firm violated multiple state and federal debt collection laws while operating without a license in the state. The DFPI alleged that the firm engaged in unlicensed debt collection in violation of the state’s Debt Collection Licensing Act, deceptive and misleading practices in violation of the California Consumer Financial Protection Law, false and misleading representations in violation of the...By: Orrick, Herrington & Sutcliffe LLP
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