On January 10, the Consumer Financial Protection Bureau (Bureau) issued a notice of proposed interpretive rule (Proposed Rule). The deadline for comments is March 31, 2025. The Proposed Rule would apply the Electronic Fund Transfer Act (EFTA)—which protects consumers against errors and fraud—to new types of digital payment mechanisms, including stablecoins and other digital currencies.
Court Rules Against Banco San Juan Internacional, Inc. in Master Account Dispute
On January 8, the United States District Court for the Southern District of New York dismissed the claims brought by Banco San Juan Internacional, Inc. (BSJI) against the Federal Reserve Bank of New York (FRBNY) and the Board of Governors of the Federal Reserve System (Board). BSJI alleged that the termination of its master account by the FRBNY violated various federal laws. The ruling in the BSJI case underscores the discretionary authority of Federal Reserve Banks in granting or denying master accounts.
CFPB Rules, M&A Standards Most Likely CRA Repeal Targets
Alex Barrage, a partner with Troutman Pepper Locke, was quoted in the January 9, 2025 American Banker article, “CFPB Rules, M&A Standards Most Likely CRA Repeal Targets.”
Wall Street Notches Another Win as Fed’s Barr Clears the Way for Gentler Banking Regulator
Alex Barrage, a partner with Troutman Pepper Locke, was quoted in the January 7, 2025 CNBC article, “Wall Street Notches Another Win as Fed’s Barr Clears the Way for Gentler Banking Regulator.”
Fifth Circuit Ruling Alters Uptier Transaction Landscape
Overview: The Fifth Circuit’s highly anticipated decision on December 31, 2024, in the Serta Simmons case has significant implications for borrowers and lenders in financial distress situations. The issue on appeal concerned an uptier transaction, a liability management exercise sometimes referred to as “lender-on-lender violence.” The Fifth Circuit’s opinion addresses the contractual viability of uptier transactions and the enforceability of related indemnities in bankruptcy plans, potentially reshaping the landscape for future financial restructurings.
Trump’s FDIC Has Work Cut Out For it in Repairing Culture
Troutman Pepper partner, Alexandra Steinberg Barrage, was quoted in the November 19, 2024 American Banker article, “Trump’s FDIC has work cut out for it in repairing culture.”
FDIC Extends Comment Period for Proposed Rule on Recordkeeping for Third-Party Deposits
In a previous post, we discussed the Federal Deposit Insurance Corporation’s (FDIC) notice of proposed rulemaking aimed at enhancing recordkeeping for bank deposits received from fintech and other third-party, non-bank companies. The proposed rule initially set a public comment period ending on December 2, 2024. Yesterday, the FDIC announced a 45-day extension to this comment period, now allowing stakeholders until January 16, 2025, to submit their feedback.
Troutman Pepper Partner James Stevens will be a featured speaker during the ETA TRANSACT Tech — Atlanta event on Thursday, November 14, 2024.
During the event, industry leaders and experts will discuss emerging technologies like Artificial Intelligence (AI) and business-to-business (B2B), and provide updates on faster payments developments and policy changes at both federal and state levels. James, alongside Ali Cook, a Corporate & Finance Partner at Arnall Golden Gregory, will host the “Discussion of DOJ Lawsuit and Capital One / Discover Merger” panel.
ABA’s Banking Law Committee Meeting
Troutman Pepper Partner Alex Barrage will be a featured speaker during the ABA’s Banking Law Committee Meeting, on January 10, 2025, at 2 p.m.
Preparing for the FDIC’s Final Enforceable Guidelines on Corporate Governance and Risk Management: State Nonmember Banks with Assets Above — and Potentially Also Below — $10 Billion Take Note
Over one year ago, on October 3, 2023, the Federal Deposit Insurance Corporation (FDIC) proposed supervisory guidelines that would establish standards for corporate governance and risk management for all state non-member banks with assets greater than $10 billion (Proposed Guidelines). Unlike guidance, which does not have the force and effect of law, any final guidelines based on the Proposed Guidelines (Final Guidelines) would be issued as Appendix C to the FDIC’s standards for safety and soundness in part 364, pursuant to Section 39 of the FDI Act.