News & Analysis as of

Lending

Troutman Pepper Locke

Debt and Lending Markets: Current Trends Impacting Private Equity Sponsors — PE Pathways Podcast

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In this episode of PE Pathways, Troutman Pepper Locke Partners Tricia McNeill and Jonathan Homer delve into the current state and trends in the debt and lending markets, particularly as they impact private equity sponsors....more

Morrison & Foerster LLP

MoForecast: State AGs and Consumer Financial Protection: Anticipating Shifts in Enforcement Focus

As the Consumer Financial Protection Bureau (CFPB) faces uncertainty, state attorneys general (state AGs) are poised to fill the enforcement gap in consumer financial protection. With the CFPB’s future in question, state AGs...more

J.S. Held

Lending Climate in America – 1st Quarter 2025 Survey

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1. Factors with Strongest Potential to Affect Near-Term Economy Respondents were asked, over the next six months, which two factors had the strongest potential to affect the economy. Even though the 2024 election is in the...more

White & Case LLP

Global Fund Finance Association Symposium Miami – Key Takeaways

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The 2025 Fund Finance conference in Miami convened industry leaders, innovators, and experts to explore the latest trends and challenges in the rapidly evolving world of fund finance. Set against the backdrop of Miami's...more

Allen Matkins

What Doesn't The DFPI Regulate?

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In the mid 1990s, I had the privilege of serving as Commissioner of Corporations for the State of California.  At that time, the DOC was known as a tough securities regulator.  However, the times they were a changin'.  In...more

Sheppard Mullin Richter & Hampton LLP

CFPB Small Business Lending Data Rule Survives Challenge in Federal Court

On February 19, a federal magistrate judge for the United States District Court for the Southern District of Florida issued a report and recommendation rejecting a trade group’s challenge to the CFPB’s small business lending...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Upholds Reverse Redlining Verdict Against Mortgage Lender

On February 14, a divided Second Circuit panel upheld a 2016 jury verdict which found that a mortgage lender violated, among other laws, the Equal Credit Opportunity Act (“ECOA”) by engaging in “reverse redlining” when it...more

Troutman Pepper Locke

CFPB Files “Emergency Notice” in 1071 Final Rule Case and Does Not Oppose Stay of the 1071 Rule; Agency Also Seeking a “Pause” in...

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Hours before a scheduled hearing yesterday, the Consumer Financial Protection Bureau (CFPB or Bureau) filed an “Emergency Notice” in the U.S. Court of Appeals for the Fifth Circuit with respect to the ongoing litigation...more

A&O Shearman

UK Financial Conduct Authority writes to Treasury Committee on the FCA's regulatory perimeter

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The House of Commons Treasury Committee has published a letter (dated December 6, 2024) from Nikhil Rathi, Chief Executive of the Financial Conduct Authority, regarding the FCA's perimeter report. In the letter, Mr. Rathi...more

J.S. Held

Lending Climate in America – 4th Quarter 2024 Survey

J.S. Held on

Lender optimism toward the US economy is on the rise in the near term following the presidential election and is expected to continue that upward trend heading 2025. Meanwhile, interest rates and consumer activity are the two...more

Sheppard Mullin Richter & Hampton LLP

CFPB Bans Debt Collection Agency Over Student Loan Abuses

On December 9, the CFPB entered into a consent order with a debt collection agency for alleged unlawful student loan debt collection practices against defaulted borrowers. The debt collection agency’s allegedly improper...more

Sheppard Mullin Richter & Hampton LLP

Texas Passes Law Expanding Mortgage Borrower Protections

Effective November 23, 2024, the Texas Department of Savings and Mortgage Lending (the “DSML”) adopted new rules affecting mortgage loan companies, mortgage bankers, individual residential mortgage loan originators, and...more

Stinson LLP

Trump's First 100 Days: Banking & Financial Services

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While existing regulations won't be erased overnight, the Trump Administration can quickly rescind informal agency guidance, including advisory opinions, interpretive rules and policy statements, creating opportunities for...more

Foley & Lardner LLP

Office of the Comptroller of the Currency Updates “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or...

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Financial institutions that are regulated and supervised by the Office of the Comptroller of the Currency (OCC) should know that the OCC has recently updated its booklet on Unfair or Deceptive Acts or Practices (UDAP) and...more

Davis Wright Tremaine LLP

FINRA's Proposed Partial Amendments to the Securities Lending and Transparency Engine (SLATE) Program

Earlier this year, FINRA filed with the SEC a proposed series of rules requiring, for the first time, the reporting of securities loans and providing for the public dissemination of loan information through FINRA's Securities...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Denies Request to Delay CFPB’s Small Business Lending Rule as Compliance Deadlines Approach

On November 15, the U.S. District Court for the Southern District of Texas overseeing the ongoing legal challenge to the CFPB’s Section 1071 small business lending rule, issued an order denying the plaintiff trade groups’...more

Sheppard Mullin Richter & Hampton LLP

CFPB Study Finds Differential Treatment in the Small Business Lending Market

On November 13, the Consumer Financial Protection Bureau released a “pilot study” on the small business lending market revealing “significant disparities” in how lenders treat black and white small business owners. As part of...more

Troutman Pepper Locke

CFPB Publishes Report on State Privacy Law Exceptions for Financial Information

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On November 12, the Consumer Financial Protection Bureau (CFPB) released a new report titled, “State Consumer Privacy Laws and the Monetization of Consumer Financial Data.” The report provides an overview of the state...more

Ropes & Gray LLP

Controlled Digital Lending after Hachette Book Group, Inc. v. Internet Archive

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The future of controlled digital lending (“CDL”), the digital equivalent of traditional library lending, is uncertain after the United States Court of Appeals for the Second Circuit’s judgment in Hachette Book Group, Inc. v....more

Walkers

Tokenisation Series - How to Guide - Getting regulatory approval to issue RWA tokens from Jersey

Walkers on

It is possible to issue RWA tokens using a Jersey company to act as the issuer. The Jersey regulator has published a guidance note on the tokenisation of RWAs. This guidance note sets out the applicable requirements and...more

Foley & Lardner LLP

M&A Market Picking Up Steam: A Look at Q3 Activity

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There is finally some very good news in terms of M&A activity, with PitchBook reporting that the “M&A recovery is now hitting its stride.” In their Q3 2024 Global M&A Report, PitchBook data shows that in the first three...more

Dechert LLP

2024 Election - Implications on Private Equity & Private Credit

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Potential Election Impacts on the Private Equity and Private Credit Sectors - While the 2024 election cycle may introduce temporary uncertainty, the convergence of positive economic trends such as waning inflation,...more

Sheppard Mullin Richter & Hampton LLP

OCC Issues Guidance on Refinance Risk in Commercial Lending

On October 3, the OCC issued Bulletin 2024-29, providing guidance for managing credit risk in connection with refinancing commercial loans.  The bulletin is directed at all banks with commercial loan portfolios, and...more

White & Case LLP

Indonesian lending activity poised for rebound

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Macroeconomic uncertainty has impacted Indonesian debt markets in recent years. But, after a period of disruption, prospects for domestic and offshore debt issuances are brightening....more

GeoDataVision

The new Community Reinvestment Act Omits Critical Types of Credit That Meet Community Needs

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Recent news stories explain the criticism of Senator Warren and Congresswoman Waters directed at banks that are litigating the 2023 CRA rule.  But perhaps their frustration should be focused on the regulators who have...more

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