Global Financial Markets

The US federal banking regulators have jointly proposed extensive revisions to the regulatory capital requirements for midsize and larger US banking organizations. The revisions are lengthy and would change the requirements for credit, market, and operational risk. Some of the revisions are long-expected (e.g., re-evaluation of use of internal models), but others are novel (e.g., capital charge fo...

In recent years, the US mortgage markets have faced mounting pressure from rising interest rates, declining originations, and heightened regulation. In part two of our three-part podcast series on the current state of the US mortgage markets, Mayer Brown experts will discuss the current challenging environment for mortgage origination, as well as recent trends seen in the RMBS and CMBS securitizat...

In recent years, the US mortgage markets have faced mounting pressure from rising interest rates, declining originations, and heightened regulation, such as EU risk retention requirements. While deals continue to be struck, they are becoming increasingly complex and expensive. We have heard of a number of similar concerns from our clients with structures like warehouse finance facilities, and we h...

The last few months have seen a steady stream of emergency actions from the US banking regulators, along with legislative proposals from the Hill, that have spurred debate over the necessity of regulatory action. Some of these changes may be foregone conclusions, but others are just the early innings of a vigorous debate. Also key will be the way that accounting rules—and changes to those rules—af...

Many regional and community banks in the United States are under intense pressure from economic forces beyond their control. This has led to a contraction in the lending markets, and may even shut off the spigot for some asset classes.  Some banks might look to credit risk transfer ("CRT") trades to keep the lending pipeline open. These cutting-edge transactions keep the loans on a bank's balance...

The last few years have seen many changes and trends in the world of trade finance—not least because of well-publicized supply-chain disruptions around the globe. These and other factors have spurred changes in traditional products and pushed new structures to the fore. Please join Mayer Brown lawyers Evan DeCresce and Patrick Healy as they discuss some hot topics in trade finance.

The Financial Crimes Enforcement Network ("FinCEN") recently waded into unexpected controversy with the release of proposed data fields for the beneficial ownership information ("BOI") reporting regime that will take effect at the beginning of next year. FinCEN's inclusion of "Unknown" and "Unable to identify" options for several of the proposed data fields has generated concern that incomplete BO...

Can online lead generation be done while remaining compliant under Section 8 of the Real Estate Settlement Procedures Act ("RESPA")? The answer is yes, but it is important to navigate the impermissible activities recently identified by the Consumer Financial Protection Bureau ("CFPB"). On February 7, 2023, the CFPB issued guidance in an advisory opinion addressing how it interprets RESPA and its i...

Many US businesses with significant non-US investors may be required to file a BE-12 with the Bureau of Economic Analysis ("BEA") this year as part of a survey that the BEA conducts every five years and most recently in 2018. The BE-12, also known as the Benchmark Survey of Foreign Direct Investment in the United States, is a collection of financial and operating data that must be filed by certain...

Please join us as the authors of our recent  Legal Update  provide an overview of the SEC's (Securities and Exchange Commission) recently proposed rule to prohibit conflicts of interest in certain securitizations as required under the Dodd-Frank Act. A re-proposal of a 2011 proposed rule, the re-proposal shares some of the same issues and concerns and may be even worse in some respects. If adopted...

Please join Mayer Brown partners Jessie Dougher, Jenna Hartnett, Melissa Kilcoyne and Miller Smith for a discussion of what awaits structured finance this year. They will examine some of the key opportunities and challenges 2023 will bring to market participants and discuss topics such as trends in auto and equipment securitizations, the SEC's recent conflict of interest proposal and other things...

Algorithms and artificial intelligence (AI) are increasingly being deployed in the financial services industry, with massive potential to automate and enhance processes, increase efficiency, improve customer service, and augment investment and lending analyses. However, with those potential benefits come challenges, such as the risk that AI applications may result in unintended bias or "unfair" di...

Litigation involving artificial intelligence (AI) or machine learning presents special risks due to the inherent difficulties of explaining how these tools work. Please Join Mayer Brown lawyers Reg Goeke, Alex Lakatos, and Christopher Leach as they discuss the risks of using AI tools, solutions that can help mitigate those risks, and explainability challenges that arise when litigating cases invol...

The end of 2022 saw a few noteworthy proposals and other actions by the US banking regulators. Final rulemakings on some proposals may come in 2023 but likely not before we see additional proposals in the first half of the new year. Some are long-awaited, and others are newly inspired, actions of the moment. Please join Mayer Brown partners Jeffrey Taft and Matt Bisanz as they discuss what's happe...

The National Association of Insurance Commissioners ("NAIC") recently introduced a host of initiatives related to statutory accounting, credit quality designation and related regulatory risk-based capital affecting CLOs and other types of structured finance in which US insurance companies invest. Mayer Brown partners Paul Forrester and Larry Hamilton will discuss how these initiatives are affectin...

The Fifth Circuit recently ruled that the Consumer Financial Protection Bureau's (CFPB) funding structure is unconstitutional, casting doubt on all of the agency's actions. But the CFPB is as active as ever. Please join Mayer Brown lawyers Ori Lev, Chris Leach, and Christa Bieker as they discuss the Fifth Circuit's ruling and its implications as well as the agency's recent policy, enforcement, and...

Private equity ("PE") investment in US insurers has increased, with a particular emphasis on life insurance groups. In response, the National Association of Insurance Commissioners ("NAIC") has taken a renewed interest in how PE investment might impact the safety and stability of the insurers involved. Mayer Brown partners Larry Hamilton and Sanjiv Tata will discuss the reasons behind this renewed...

On October 10, 2022, the European Commission published its report on the functioning of the EU Securitization Regulation. The report includes the Commission's legal interpretation of the jurisdictional scope of the Regulation. Mayer Brown partner Neil Hamilton will discuss the Report and its impact on US securitizations offered to European institutional investors.

The Financial Crimes Enforcement Network ("FinCEN") recently published its final beneficial ownership information rule (the "BOI Rule"). The BOI Rule will have a significant impact on a number of businesses, including those in the commercial real estate and structured finance sectors. The BOI Rule addresses who will be required to file beneficial owner information with the Corporate Transparency A...

Federal regulators have zeroed in on the auto industry in recent rulemaking, supervisory and enforcement activities. Mayer Brown partners Christopher Leach and Tori Shinohara discuss the FTC and CFPB's focus on the auto industry, including the FTC's proposed auto rule and recent supervisory and enforcement trends.

The Consumer Financial Protection Bureau (CFPB) has been active on numerous fronts over the last several months. Mayer Brown partner Ori Lev and associates Christa Bieker and Brian Stief discuss: The CFPB's efforts to expand the scope and uses of its statutory authorities Trends in the CFPB's supervisory and enforcement activity The CFPB's recent focus on fees and consumer reporting The new Office...

The first half of 2022 saw a few noteworthy proposals and other actions by the US banking regulators. Final rulemakings on some proposals could come in the second half of the year, but others may be delayed until 2023. In either case, we expect to see significant action on some of these issues through the issuance of supervisory guidance, review of pending requests and applications, and heightened...

The residential finance industry faces substantial headwinds in the current economic environment. After a record-breaking performance in 2021, the industry is now keenly focused on reduced volumes and compressed margins, decreased inventory and rising interest rates. Volatile markets may be stressful, but they also present opportunities for growth and development. Mayer Brown has an interdisciplin...

It's not the easiest time to be in the mortgage business. Mortgage investors and servicers continue to deal with the fallout from the COVID-19 pandemic and its effects on borrowers. Rising interest rates could drain the plentiful supply of refinance business from prior years and deter hopeful homebuyers from seeking new financing. And now the New York legislature has added another layer of complex...

Four states—and counting—have enacted laws requiring providers of a wide range of commercial financing to give applicants detailed disclosures of the sort previously seen only in the consumer credit industry. California enacted the pioneering law in 2018, and New York, Utah and Virginia (so far) have followed suit. The most recent examples, the Utah and Virginia laws, have also included a requirem...