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Incentives And Other Funding Techniques In The ESG Space: ESG and the Sustainable Economy Handbook
ESG principles can be incorporated into an investment strategy or business operations in many, many ways. ESG factors can also be leveraged to access unique financing tools. Some are industry specific, such as the array of certifications and tax credits currently available in the renewable energy and fuels industries. Others are not, such as sustainability-linked bonds and local government incentives....By: K&L Gates LLP
Digital Assets: Key Opportunities for Growth
It’s a critical period in the evolution of a digital asset ecosystem, as a more permissive regulatory environment has created new opportunities for digital asset ventures....By: Skadden, Arps, Slate, Meagher & Flom LLP
SEC Proposes Broad Expansion of Shelf Registration Access and Capital Markets Efficiencies (UPDATED)
Here’s an excerpt from this Cooley Alert penned by Rich Segal, Chad Mills, Julia Boesch, Reid Hooper, Liz Dunshee, Luci Altman, Victoria Peluso, Katherine Denby and Christine Turner:...By: Cooley LLP
Federal banking regulators reissue 15 guidance documents removing ‘reputation risk’
On June 2, the OCC, the FDIC, and the Fed announced that they have jointly reissued 15 interagency guidance documents to remove references to reputation risk. The documents cover topics including asset securitization, subprime lending, customer identification, home equity lending, cybersecurity, operational resilience, and elder financial exploitation....By: Orrick, Herrington & Sutcliffe LLP
Paschall: Tax Court Memorandum Holds that Staking Rewards are Taxable Income in Pro Se Case on Erroneous Stipulated Facts
On June 4, 2026, the U.S. Tax Court released a memorandum decision in Paschall v. Commissioner addressing the federal tax treatment of staking, holding that there was taxation on staking rewards credited to Mr. Paschall’s eToro account....By: Fenwick & West LLP
FHA proposes automated ‘Do Not Pay’ portal screening for borrower eligibility determinations
On May 18, FHA posted a draft Mortgagee Letter on its Single Family Drafting Table, proposing new requirements for determining borrower eligibility related to delinquent child support obligations subject to federal administrative offset. The draft proposes an automated screening process through FHA Connection (FHAC) that would check borrowers against Treasury’s “Do Not Pay” (DNP) portal to identify those subject to the federal offset program....By: Orrick, Herrington & Sutcliffe LLP
Key Operational Considerations In The Sustainable Economy: ESG and the Sustainable Economy
In recent years, businesses that demonstrate certain environmental, social, and governance (ESG) criteria have seen a pronounced uptick in interest from many investors, particularly from institutional investors who were in the vanguard of the ESG movement. This interest has manifested not only in higher stock prices on public markets, increased interest in private fundraising rounds, and competitive pricing in project finance, but also in ripple effects through supply chains, hiring, and other...By: K&L Gates LLP
CFPB Positions Mark Paoletta to Succeed Russel Vought
On June 2, reports indicated that the CFPB has appointed Mark Paoletta as Deputy Director, positioning him to succeed Acting Director Russel Vought when Vought’s temporary “acting” appointment ends later this year. The reported change comes ahead of August 1, 2026, when Vought can no longer serve as Acting Director under the Federal Vacancies Reform Act....By: Sheppard
HUD issues RFI on streamlining FHA single-family minimum property requirements
On May 29, HUD issued a request for information (RFI) in the Federal Register, seeking public comment on modernizing FHA’s Minimum Property Requirements (MPRs) for single-family mortgage insurance programs. MPRs require that properties securing FHA-insured mortgages meet baseline standards for safety, soundness and security as a precondition for FHA-insurance eligibility....By: Orrick, Herrington & Sutcliffe LLP
UKPI launches new payments scheme
UK Payments Initiative Ltd (UKPI) has announced the launch of a new industry-led payment scheme designed to support scalable account‑to‑account payments using open banking. The scheme supports the ambitions set out in the UK government's National Payments Vision. It introduces a framework for variable recurring payments, enabling consumers to authorise recurring or flexible payments directly from their bank accounts without sharing card details or relying on traditional direct debit, within...By: A&O Shearman
California Superior Court Finalizes Summary Judgment in Favor of OppFi, Rejecting DFPI’s “True Lender” Theory
On May 19, 2026, the Superior Court of California, County of Los Angeles, granted summary judgment in favor of Opportunity Financial, LLC ("OppFi") in its dispute with Clothilde Hewlett, in her official capacity as Commissioner of the Department of Financial Protection and Innovation ("DFPI")....By: Womble Bond Dickinson
BCBS report on ICT risk management for non-malicious incidents
The Basel Committee on Banking Supervision (BCBS) has published a report outlining observed practices in banks' information and communication technology (ICT) risk. The report aims to compare regulatory, supervisory and industry practices across jurisdictions relevant to addressing non-malicious ICT incidents in global systemically important banks, domestic systemically important banks and other banks of interest (e.g., digital-only banks) that affect the delivery of critical operations. It...By: A&O Shearman
Illinois Interchange Fee Law Maxes Out After Permanent Injunction and Legislative Postponement
Illinois’s interchange fee law is permanently enjoined for most entities after OCC preemption, but a fragmented outcome sets the stage for further appeals....By: Latham & Watkins LLP
CA, MD, VA Force Lenders' Hand on Divorce-Triggered Mortgage Assumptions
A coast-to-coast trend is taking shape: three states have now stripped conventional mortgage lenders of discretion to deny assumptions when divorcing co-borrowers want to keep the family home at the existing rate and remaining term....By: Sheppard
OIG reports declining cybersecurity maturity ratings at the Fed and the CFPB
The Fed and CFPB’s OIG recently released its semiannual report to Congress, covering the period from October 1, 2025, to March 31, 2026. The OIG found that the information security programs at both agencies are “no longer effective.” According to the report, the Fed’s program dropped from a level-4 maturity rating (“managed and measurable”) to level-3 (“consistently implemented”), due in part to purported issues with mobile device security and the protection of confidential supervisory...By: Orrick, Herrington & Sutcliffe LLP
Federal Banking Agencies Continue Effort to Eliminate Reputation Risk from Supervision
On June 2, the FDIC, OCC, and the Federal Reserve Board announced updates to a series of interagency supervisory documents to remove references to reputation risk. The updates apply across multiple areas of bank supervision and are intended to further align supervisory materials with the agencies’ recent changes to their supervisory frameworks....By: Sheppard
Commission Delegated Directive on third-party execution and research services under MiFID II published in OJ
The Commission Delegated Directive (EU) 2026/374 amending Delegated Directive (EU) 2017/593 under the Markets in Financial Instruments Directive (MiFID II) has been published in the Official Journal of the European Union (OJ). The Directive updates the rules on the provision of third-party execution and research services to investment firms that provide portfolio management or other investment or ancillary services....By: A&O Shearman
FDIC reaffirms prohibition order and penalty for former bank executive following Supreme Court remand
On May 29, the FDIC published a list of administrative enforcement actions taken in April, which included an adjudicated decision reimposing a prohibition order and $125,000 civil money penalty against the former president, CEO, and chairman of a Michigan state-chartered bank....By: Orrick, Herrington & Sutcliffe LLP
Fannie Mae markets sale of $565M in reperforming loans
On May 28, Fannie Mae announced an upcoming sale of approximately 2,333 reperforming loans, with an unpaid principal balance of approximately $565 million, which are available for purchase by qualified bidders that submit bids by June 23. Reperforming loans are loans that were previously seriously delinquent, have since reperformed for a period of time, and are current at the time offered for sale. Under the sale terms, buyers must provide loss mitigation options to any borrower who re-defaults...By: Orrick, Herrington & Sutcliffe LLP
UK FCA Q&As on interaction between the MLRs 2017 and the new UK crypto regime
The UK Financial Conduct Authority (FCA) has published Q&A responses from its 2026 webinar on the UK anti money laundering (AML) framework for cryptoasset firms. They clarify how the current Money Laundering Regulations 2017 (MLRs) will operate alongside the forthcoming cryptoasset regime under the Financial Services and Markets Act 2000 (Cryptoassets Regulations) 2026, which commences on 25 October 2027....By: A&O Shearman
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