News & Analysis as of

Funding Financial Services Industry

Cadwalader, Wickersham & Taft LLP

The Comfort Letter Comeback, March 2025 - Comfort Letters

In the evolving fund finance market, lenders are constantly assessing ways to mitigate risk and enhance credit support in order to provide for the smooth operation of subscription-based credit facilities. One such credit...more

Cadwalader, Wickersham & Taft LLP

Miami in the Rearview February 2025 - Key Takeaways From Miami 2025

A record more than 2,500 industry players attended the 14th annual Global Fund Finance Symposium that wrapped up at the Fontainebleau in Miami Beach. As has been the trend in recent years, there was a lot to discuss (beyond...more

Wilson Sonsini Goodrich & Rosati

The Entrepreneurs Report - Full-Year 2024

In this latest issue of The Entrepreneurs Report, we’ve compiled a range of data on venture, convertible note, and SAFE financing transactions in which the firm was involved during 2024, with the objective of identifying...more

Mayer Brown Free Writings + Perspectives

Global 2024 Insurtech Trends

The insurtech industry experienced some challenges in 2024, with notable shifts in funding, deal activity, and strategic investments, according to CB Insights’ State of Insurtech 2024 report.  The report highlights a number...more

Levenfeld Pearlstein, LLC

Independent Sponsors and Capital Raising: A Conversation With Greg Tobben at Access Capital Partners

To help businesses, investors, and deal professionals better understand the evolving M&A market, Robert Connolly – a partner in and leader of LP’s Corporate Practice Group – shares a series of conversations with M&A experts....more

Orrick, Herrington & Sutcliffe LLP

CFPB sued over alleged overreach and unconstitutional funding

On November 8, the U.S. District Court for the Northern District of Texas received a complaint from a bank suing the CFPB, challenging the Bureau’s enforcement actions under the CFPA and the EFTA. The CFPB’s enforcement began...more

Orrick, Herrington & Sutcliffe LLP

CFPB survives challenge based on improper funding as court denies plaintiff’s motion to dismiss

On October 17, the U.S. District Court for the Central District of California denied a peer-to-peer lending platform’s motion to dismiss a lawsuit brought by the CFPB. The Bureau had filed a First Amended Complaint alleging...more

Orrick, Herrington & Sutcliffe LLP

CFPB faces new constitutionality challenge under funding mechanism

Recently, a Texas-based payday lender (the defendant) filed a motion to dismiss in the U.S. District Court for the Northern District of Dallas, challenging the legality of the CFPB’s funding structure. As previously covered...more

Patomak Global Partners

Examining the New Debate on CFPB Funding

In recent weeks, and following the recent Supreme Court decision in CFPB v. CFSAA, a new debate has arisen regarding the Consumer Financial Protection Bureau (“CFPB”) funding mechanism. The crux of the debate centers around...more

Venable LLP

What the CFPB’s Supreme Court Victory Means for Financial Institutions

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Until recently, the most popular topic of discussion in the financial services world has been the outcome of the Supreme Court case CFPB v. Community Financial Services Association of America, regarding the constitutionality...more

Katten Muchin Rosenman LLP

The CFPB Lives On and Arbitrable Lawsuits Must Be Stayed (Not Dismissed)

The Supreme Court was busy last week issuing opinions of interest to consumer finance companies, CFPB-regulated entities, and anyone who finds themselves enforcing arbitration rights in court....more

Morrison & Foerster LLP

U.S. Supreme Court Holds CFPB Funding Structure Constitutional

On May 16, 2024, the U.S. Supreme Court held in a 7-2 decision that the funding structure of the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) complies with the Appropriations Clause of the United States...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court rules CFPB funding structure is constitutional

On May 16, the U.S. Supreme Court ruled 7-2 that the funding structure of the CFPB was consistent with the Constitution’s appropriations clause, reversing a decision of the U.S. Court of Appeals for the Fifth Circuit that had...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd.

On May 16, 2024, the Supreme Court decided Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448. The Court held that Congress’ statutory authorization allowing the...more

Kelley Drye & Warren LLP

Supreme Court Upholds CFPB Funding Mechanism as Constitutional, Quelling Uncertainty and Reinvigorating the CFPB’s Docket

In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded. CFPB officials can breathe...more

Orrick, Herrington & Sutcliffe LLP

OCC issues State Small Business Credit Initiative 2.0 FAQs

On January 8, the OCC issued Bulletin 2024-1, which provides responses to frequently asked questions regarding the state small business credit initiative (SSBCI). The SSBCI, run by the U.S. Department of the Treasury,...more

A&O Shearman

Sustainable lending – a growing role for Islamic finance and Middle Eastern financiers

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The aims of ESG investing and Islamic Finance structures are already closely – though not perfectly – aligned. Middle Eastern governments are looking to diversify away from oil and gas. This, Samer Eido and Afsha Karim...more

Orrick, Herrington & Sutcliffe LLP

Senator Warren delivers remarks in support of the CFPB

On September 28, Senator Elizabeth Warren delivered a keynote speech at the Center for American Progress, in which she chronicled the history of the CFPB and defended the agency against political attacks. Further, ahead of...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2023

A federal court has issued an order granting an injunction that delays the compliance dates for the CFPB’s final rule governing the collection of small business lending data required by Section 1071 of the Dodd-Frank Wall...more

Orrick, Herrington & Sutcliffe LLP

CFPB files reply brief supporting its constitutional structure

On August 3, the CFPB filed a Reply Brief in support of its request to overturn the Fifth Circuit’s decision in Community Financial Services Association of America v. Consumer Financial Protection Bureau, in which the 5th...more

Orrick, Herrington & Sutcliffe LLP

States urge Supreme Court to find CFPB funding unconstitutional

On July 10, the West Virginia attorney general, along with 26 other states, filed an amicus brief in support of respondents in Consumer Financial Protection Bureau v. Community Financial Services Association of America,...more

Orrick, Herrington & Sutcliffe LLP

CFSA says CFPB funding violates Constitution

On July 3, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed their brief with the U.S. Supreme Court, urging the high court that the CFPB’s independent funding...more

Blank Rome LLP

U.S. Court of Appeals for the Second Circuit Rules That the Funding Structure for the Consumer Financial Protection Bureau Is...

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In this article, the authors review a decision by a federal circuit court of appeals upholding the constitutionality of the funding structure for the Consumer Financial Protection Bureau. Entities regulated by the...more

Ballard Spahr LLP

CFPB defends constitutionality of its funding in SCOTUS brief

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The CFPB has filed its brief with the U.S. Supreme Court seeking reversal of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the panel held the CFPB’s...more

Ballard Spahr LLP

Certiorari Petition To Be Filed In Second Circuit Case Rejecting Constitutional Challenge To CFPB’s Funding

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In CFPB v. Law Offices of Crystal Moroney, a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously ruled in March 2023 that the CFPB’s funding structure does not violate the Appropriations Clause...more

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