In a recent news release, Acting Comptroller of the Currency Michael J. Hsu reiterated the Office of the Comptroller of the Currency's (OCC) support for the FDIC's Notice of Proposed Rulemaking on the brokered deposit rule....more
The Office of the Comptroller of the Currency (OCC) released guidance regarding its planned changes to the Bank Merger Act (BMA). The New Rule:
Explicitly adds financial stability as a key factor for assessing mergers,...more
In what should come as no surprise to FinTech sponsor banks, the FDIC is reemphasizing the need to maintain control over synthetic account ledgers in the wake of the Synapse collapse. On September 17, the FDIC's rulemaking...more
Since 2022, the Consumer Financial Protection Bureau (CFPB) has a stated priority of “protecting employees and their rights through conducting reports, inquiries, and issuing requirements for employers.” In July 2024, the...more
7/29/2024
/ Comment Period ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt ,
Earned Wage Access ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Interpretive Rule ,
Loans ,
Payday Loans ,
Regulation Z ,
Truth in Lending Act (TILA) ,
Wages
You're Invited!
Nelson Mullins invites you to a one-hour webinar entitled, "Brokered Deposits Best Practices for Bank Fintech Partnerships," on July 25. Partners Brad Rustin and Craig Nazzaro along with associate Marianna...more
Join us for the next edition of FinTech University as we focus on FinTech and bank regulations. This webinar will examine how bank regulations affect the FinTech industry (and vice versa), and what banks need to know when...more
Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day...more
1/5/2024
/ Artificial Intelligence ,
Continuing Legal Education ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Electronic Communications ,
Financial Services Industry ,
Incident Response Plans ,
Mobile Devices ,
New Regulations ,
Privacy Laws ,
Securities and Exchange Commission (SEC) ,
Webinars
The NCUA stated the new rule, which was approved on Feb. 16, 2023, aims to mitigate cyber incidents “that [lead] to a substantial loss of confidentiality, integrity, or availability of a network or member information system...more
3/7/2023
/ Credit Unions ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Financial Institutions ,
Financial Services Industry ,
Information Governance ,
NCUA ,
New Regulations ,
Popular ,
Regulatory Requirements
Join us for the next edition of FinTech University as we focus on FinTech and Data Privacy. This webinar will provide an overview of data privacy and securities concerns, as well as regulations, and how they affect the...more
Since the early 2010s, there has been explosive growth in the Buy Now Pay Later ("BNPL") space. One of the early players—Affirm—was founded in 2012 by a co-founder of PayPal. By 2022, there are dozens of players in the BNPL...more
The Federal Deposit Insurance Corporation (“FDIC”) on August 18, 2022 issued updated Supervisory Guidance on banks assessing multiple re-presentment fees against customers’ accounts. This follows the March 2022 FDIC Consumer...more
In the aftermath of Russia’s invasion of Ukraine, leaders of major investments funds across the world anticipate seismic shifts in the global economy. Blackrock CEO, Larry Fink, recently described a fundamental transformation...more
4/12/2022
/ Central Bank Digital Currency (CBDCs) ,
Digital Currency ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
FinTech ,
Globalization ,
Military Conflict ,
Payment Systems ,
Russia ,
SWIFT ,
Ukraine
Please forgive some members of the FinTech community for remembering President Ronald Reagan’s comment: “The nine most terrifying words in the English language are: ‘I’m From the Government and I’m Here to Help.’” President...more
3/16/2022
/ Biden Administration ,
Bitcoin ,
Central Bank Digital Currency (CBDCs) ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
Financial Regulatory Reform ,
Financial Services Industry ,
Financial Transactions ,
Investment Contract ,
Investor Protection ,
Regulatory Agenda
For the past six months, we have received calls from banks and non-depository mortgage lenders regarding Department of Justice (“DOJ”) investigations into mortgage lending discrimination. These DOJ inquiries are bypassing the...more
3/10/2022
/ Credit Discrimination ,
Department of Justice (DOJ) ,
ECOA ,
Enforcement Priorities ,
Fair Housing Act (FHA) ,
Fair Lending ,
Financial Services Industry ,
HMDA ,
Loan Applications ,
Mortgage Lenders ,
Race Discrimination ,
Real Estate Transactions ,
Redlining
With Russia’s invasion of Ukraine last week, we saw a swift response by the U.S. beginning with President Biden’s Executive Order 14024 (“The EO”) and followed quickly by the Office of Foreign Assets Control’s (“OFAC”) severe...more
3/2/2022
/ Blocked Person ,
BSA/AML ,
Economic Sanctions ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
FinTech ,
Foreign Policy ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Ukraine ,
Wire Transfers
Continuing the FinTech University series, please join Richard Levin, Jody Porter, Brad Rustin, Craig Nazzaro, and Kevin Tran for a program focusing on FinTech and the automotive industry. The session will include 10 minutes...more
Launching the Nelson Mullins FinTech University series, join Richard Levin, Brad Rustin, Craig Nazzaro, and Kevin Tran for a program focusing on FinTech and how it is reshaping the world. This first one-hour CLE will...more
According to the FDIC, the most important factor contributing to the earnings gap between community and non-community banks is the ability to generate non-interest income from “activities that are typically not part of the...more
On March 29, 2021, the primary federal bank regulators (the Federal Reserve, CFPB, the FDIC, the NCUA, and the OCC) issued a request for information to gain input on the growing use of Artificial Intelligence (“AI”) by...more
4/2/2021
/ Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
NCUA ,
OCC ,
Popular ,
Risk Management
I had the pleasure of presenting at Bank Director Magazine's Inspired By Acquire or Be Acquired: What Officers and Directors Need to Know Now virtual conference, along with Rick Levin, earlier this month.
Our...more
3/4/2021
/ Banking Sector ,
Banks ,
Bitcoin ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Financial Institutions ,
FinCEN ,
OCC ,
Virtual Currency
So let’s dance this last dance. On Jan. 4, 2021, the Office of the Comptroller of the Currency (“OCC”) published a Chief Counsel’s Interpretative Letter (the “Letter”) confirming the authority of national banks’ and federal...more
The Consumer Financial Protection Bureau (“Bureau” or “CFPB”) Taskforce on Federal Consumer Financial Law (“Taskforce”) released a two-volume report, on January 5, 2021, providing an examination of the existing legal and...more
This week the U.S. Small Business Administration (SBA) released updated Paycheck Protection Program (PPP) interim final rules which incorporate new requirements imposed by the Economic Aid to Hard-Hit Small Businesses,...more
The Consumer Financial Protection Bureau (CFPB) issued two separate approval orders on Dec. 30 to Synchrony Bank and Payactiv, Inc. under the CFPB’s Policy on the Compliance Assistance Sandbox (“Sandbox Policy”). The...more
The Office of the Comptroller of the Currency (“OCC”) issued its long-anticipated final rule on Oct. 27, to establish a “simple, bright-line test” to determine when a national bank or federal savings association has made a...more