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Analysis

Beyond Slaughter: OMB and Independent Federal Agencies

Aug. 12, 2026

In Trump v. Slaughter, the U.S. Supreme Court made a profound change to the administrative state. The Court ruled that "for cause" removal protections for members of the Federal Trade Commission...

Agency Organization & Procedure EO 12866 Executive Orders Federal Reserve Board Presidential Removal Rulemaking & Administrative Procedure

Analysis

Disparate Impact: States Pick Up the Baton to Combat Housing Discrimination

Aug. 3, 2026

In April 2025, President Trump issued an executive order (EO 14281) directing federal agencies to eliminate disparate-impact liability "to the maximum degree possible." In response to that EO, the...

Fair Lending

Analysis

Recent Executive Orders Regarding Financial Services

May 20, 2026

On Tuesday, May 19th, President Trump issued two Executive Orders regarding financial services. The first, Integrating Financial Technology Innovation into Regulatory Frameworks, addresses the role...

Bank Secrecy Act Bank Secrecy Act & Anti-Money Laundering Executive Orders Federal Reserve Banks & Services Financial Technology

Analysis

CFPB's Final Rule on Small Business Lending Data (Section 1071)

May 4, 2026

On May 1, 2026, the CFPB published its final rule implementing section 1071 of the Dodd-Frank Act, the small business lending data collection and reporting rule (Final Rule or Rule). The rule is...

Consumer Financial Protection Bureau Fair Lending Small Business Lending

Insight

OCC does not believe the GENIUS Act creates a new charter type

March 31, 2026

It seems the OCC does not believe the GENIUS Act creates a new charter type, contrary to speculation late last year. They would, however, be pleased to offer applicants charters they already have. In...

Digital Assets & Cryptocurrency GENIUS Act Novel & Special-Purpose Charters Office of the Comptroller of the Currency

Insight

Unusual dissension in Fed vote on Reg W exemption

March 27, 2026

The drama around yesterday's Fed decision to grant Morgan Stanley a 23A exemption makes the exemption a tempting target for criticism. But a minor factual error in Governor Bowman's statement...

Affiliate Transactions Federal Reserve Board Transactions with Affiliates (Regulation W)

Insight

One great thing in OCC's GENIUS Act proposal

March 3, 2026

One thing in the OCC's GENIUS Act proposed rule that I can wholeheartedly endorse: "The OCC proposes to use the term 'Federal Reserve' in place of 'Board' for greater clarity because the proposed...

Office of the Comptroller of the Currency Rulemaking & Administrative Procedure

Analysis

CFPB Advisory Opinion on Earned Wage Access Under Regulation Z

Dec. 22, 2025

Set to be published in the Dec. 23rd Federal Register, the CFPB is issuing an advisory opinion (Advisory Opinion) to resolve “regulatory uncertainty” regarding the application of TILA/Reg Z to earned...

Consumer Credit Disclosure Consumer Fees & Pricing Consumer Financial Protection Bureau TILA

Analysis

Key Implications if the CFPB Is No Longer Operational

Dec. 2, 2025

In a pending case brought by the union representing CFPB employees, the Administration has informed the court that CFPB will run out of funding early next year and that the Administration will not...

Agency Organization & Procedure Consumer Financial Protection Act Consumer Financial Protection Bureau

Insight

Why nobody likes Vullo v. OCC

Oct. 24, 2025

Nobody likes Vullo v. OCC, New York's challenge to the nondepository national fintech charter half a decade ago. For most people in the industry, the case stands for the idea that the OCC can’t...

Judicial Review of Agency Actions Litigation Novel & Special-Purpose Charters Office of the Comptroller of the Currency State Financial Regulators