News from the economy, politics and the financial markets
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Ninth Circuit Weighs Employer’s Use of Non‑Vested 401(k) Funds
What can employers do with non-vested employer contributions? Under the Employee Retirement Income Security Act of 1974 (“ERISA”), employers may require an employee to work for a set number of years before any company contributions to an employee’s 401(k) account “vest” and become owned by the employee. If an employee decides to leave the employer before the vesting period is complete, the employee “forfeits” any non-vested employer 401(k) contributions......By: Snell & Wilmer
Tariff Turbulence and the CFO: A Firsthand Account of Strategic Leadership in a Volatile Trade Climate
Managing a shifting global trade environment with the recent tariff upheavals demands far more than tactical cost-cutting or reactive price adjustments. It requires foresight, agility, and a willingness to challenge long-standing assumptions about supply chains, financial modeling, and communication with customers and internal stakeholders....By: Ankura
Public Comment Begins Under the GENIUS Act: Treasury Department Seeks Comment on Detecting Illicit Activity Involving Digital Assets
The U.S. Department of the Treasury issued a Request for Comment required by the recently passed Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), seeking public input on the use of innovative or novel methods, techniques, or strategies to detect and mitigate illicit finance risks involving digital assets. The Request also furthers the Administration’s policy of supporting the responsible growth and use of digital assets, as set out in Executive Order 14178 on...By: Wilson Sonsini Goodrich & Rosati
Luxembourg Reverse Hybrid Entity Rules: Clarifications Regarding the CIV Exemption
On 22 August 2025, the Luxembourg tax authorities issued a second circular (Circular) on the reverse hybrid entity rules, this time clarifying the exemption applicable to collective investment vehicles (CIV Exemption)....By: Herbert Smith Freehills Kramer
Summertime Done Come and Gone My Oh My, August 26, 2025 - But Who Can Unlearn All the Facts That I’ve Learned: Facts Matter for Summary Judgment
In a recent foreclosure action, Plaintiff Lakeview Loan Servicing, LLC (“Lakeview”) sought summary judgment against Defendant Andrew Branley (“Branley”). Lakeview claimed that Branley executed a Note to JPMorgan Chase Bank, N.A. (“Chase”) on June 12, 2013, in the principal amount of $317,091.00, secured by a mortgage and a Consolidation, Extension and Modification Agreement (“CEMA”) of the same date....By: Cadwalader, Wickersham & Taft LLP
UK Pensions: What's New This Week? August 26, 2025
Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions....By: A&O Shearman
Asset-Level Eligibility Series: Margin Stock
This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan cannot be margin stock....By: Mayer Brown
SEC Appoints Judge Margaret “Meg” Ryan as the New Director of the Division of Enforcement
The Securities and Exchange Commission (“SEC”) has named Judge Margaret “Meg” Ryan as the new Director of the Division of Enforcement. Judge Ryan will succeed Acting Director Sam Waldon, who has served as Acting Director of the Division of Enforcement since January 2025, following Sanjay Wadhwa’s departure from the agency. Judge Ryan’s tenure will begin September 2, 2025, at which point Waldon will return to his former role as Chief Counsel for the Enforcement Division....By: A&O Shearman
UK Weekly Sanctions Update - Week of August 18, 2025
In this weekly update, we summarise the most notable updates in the UK sanctions world....By: Mayer Brown
Illinois Proposes Regulations Governing Shared Appreciation Agreements
Illinois continues to move forward in regulating “shared appreciation agreements.” On August 15, 2025, the Illinois Department of Financial and Professional Regulation proposed regulations implementing the Residential Mortgage License Act of 1987 (“RMLA”) to govern “shared appreciation agreements” (the “Proposed Regulations”)....By: Mayer Brown
President Signals Policy Shift With High Stakes for 401(k) Plans
On August 7, 2025, the Trump administration issued an executive order directing federal agencies to broaden retirement plan participants’ access to alternative assets—including cryptocurrency, private equity, private credit, and venture capital—through 401(k) plans. Market advocates quickly hailed the move as a democratization of investment opportunity. Critics, however, warned that expanded access without equally robust fiduciary safeguards could magnify legal exposure for plan sponsors....By: Hall Benefits Law
ESMA Publishes Updated Registration Guide
The European Securities and Markets Authority (ESMA) has published an updated registration guide (dated 14 August), outlining the procedures and expectations for entities seeking registration, authorisation, recognition, or endorsement to operate within EU financial markets. The guide applies to a broad range of entities including credit rating agencies, benchmark administrators, trade and securitisation repositories, and data reporting services providers....By: A&O Shearman
BIS Innovation Hub Launches Project Noor to Explain AI Models for Financial Supervision
The BIS Innovation Hub has announced the launch of Project Noor, a collaborative initiative with the Hong Kong Monetary Authority and the UK Financial Conduct Authority aimed at enhancing the transparency and accountability of AI models used by banks and other financial institutions. AI is increasingly shaping decisions in digital finance, from mortgage approvals to fraud detection....By: A&O Shearman
Amending Draft EU ITS on Benchmarking of Internal Models
The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS), amending the Implementing Regulation on the benchmarking of credit and market risk for the 2026 exercise. The EBA flags that the most significant change is in the area of market risk, where it is proposing to restrict the data collection to the information on the alternative standardised approach (ASA) from those banks that were granted the internal model approval....By: A&O Shearman
UK Future Entity for Open Banking to Be Established by End of 2025
The UK Financial Conduct Authority (FCA) has published a feedback statement on the design of the Future Entity for UK open banking (FS25/4). The feedback statement responds to the feedback received to the consultation, which was issued by the Joint Regulatory Oversight Committee (JROC). However, in line with the National Payments Vision, JROC has been wound down and the FCA is progressing the further development of open banking. In the feedback statement, the FCA states that subject to...By: A&O Shearman
HL UK Pensions Law Digest 26 August 2025
A bite-sized summary of recent UK pension news - Welcome to our latest update, in which we cover: Pensions Regulator: sanctions for making illegal loans - TPR’s latest Regulatory intervention report outlines measures taken against individuals involved in illegal pension scheme loans;...By: Hogan Lovells
Payments Canada Publishes RTR Participation Guide for Payment Service Providers
On August 21, 2025, Payments Canada published its RTR Participation Guide for Payment Service Providers (Guide), clarifying how payment service providers (PSPs) can become participants in Canada’s new real-time payments system, the Real-Time Rail (RTR)....By: Blake, Cassels & Graydon LLP
Everyday Investor Participation in Private Strategies: What Role for Investor Advocate in SEC Drama?
The SEC is under pressure to increase direct or indirect participation by everyday “retail” investors (consisting primarily of those who do not qualify as “accredited investors” under SEC Regulation D) in certain investment strategies that have largely been foreclosed to them. These “private strategies” can include, for example, a focus on private equity or private credit investments....By: Carlton Fields
Healthcare & Life Sciences Private Equity Deal Tracker: Great Hill Acquires Blue Cloud Pediatric Surgery Centers
Great Hill Partners has announced the acquisition of Blue Cloud Pediatric Surgery Centers from The Rise Fund....By: McGuireWoods LLP
7 Essential Risk Management Frameworks
What is a risk management framework? Implementing the principles and guidelines of a risk management framework (RMF) is not just an effective way to manage current risks, it also provides a structured risk assessment process for risk identification, mitigation, and compliance alignment. This helps organizations more quickly and easily adapt to new and emerging risks, enhancing resiliency overall....By: NAVEX
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