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2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group

$55B CLO/ Loan Facilities Represented several financial institutions in connection with CLOs (including middle-market CLOs), multi-currency loan facilities and warehouse transactions, as well as redemptions, re-pricings,...more

FDIC Extends Comment Period on Rule Imposing Additional Deposit Insurance Disclosure Obligations

The Federal Deposit Insurance Corporation (FDIC) announced today a 45-Day extension to the public comment period for proposed changes to its regulations that may significantly affect banks, broker-dealers, and FinTechs. The...more

The Federal Government Bailing Out Crypto’s Biggest Bank? Silvergate Taps the Federal Home Loan Bank as its Lender of Last Resort

Silvergate Bank, the La Jolla based bank that made a name for itself by specializing in providing banking services to the crypto industry, has recently come under scrutiny for using a (quasi) federal lending program, designed...more

Proposed FDIC Rule Would Impose Additional Deposit Insurance Disclosure Obligations on Banks and Non-Banks

The Federal Deposit Insurance Corporation (“FDIC”) published for comment in December 2022 a notice of proposed rulemaking (12 CFR Part 328) (“Proposed Rule”) that would apply to all FDIC-insured institutions and impose new...more

Open Banking is Coming to America

On October 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) announced a new regulatory framework (“Framework”) governing “Personal Financial Data Rights,” or, by another name, “open banking.” Conceptually, open...more

California Drafts Regulations to Implement the California Privacy Rights Act Imposing New Compliance Requirements for Businesses

On July 8, 2022, the California Privacy Protection Agency (“CPPA”) published draft regulations in the California Regulatory Notice Register (“Draft Regulations”) mandated by the California Privacy Rights Act (“CPRA”). The...more

FDIC Recognizes Additional Designated Business Relationship Meeting Primary Purpose Exemption

The Federal Deposit Insurance Corporation (“FDIC”) has recognized a new designated business relationship that confirms that an agent, such as a broker-dealer, placing deposits of a customer with an insured depository...more

FDIC Staff Issues Statement Requiring Banks to Scrutinize Primary Purpose Exception Notices

On July 15, 2022, the Division of Risk Management Supervision (the “Staff”) of the Federal Deposit Insurance Corporation (“FDIC”) published a two-page statement (the “Statement”) “to remind” insured depository institutions...more

Proposed CA Crypto Regulatory Scheme Would Require Licenses, Disclosures for Digital Asset Businesses

A bill approved by the California State Assembly and pending in the state senate would require businesses in the cryptocurrency industry to obtain licenses from the state’s Department of Financial Innovation and Protection...more

FDIC Adopts Rule Prohibiting Misleading Statements About FDIC Insurance that Impacts a Broad Range of Deposit Placement...

Introduction - On May 17, 2022, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) adopted a final rule (“Rule”) setting forth its procedures for investigating and enforcing false advertising,...more

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