Rating Agency Developments - March 2, 2015

Moore & Van Allen's Derivatives & Trading team provides comprehensive analysis of recent CFTC and SEC enforcement actions, proposed regulations on crypto assets...

Lowenstein Sandler achieves groundbreaking SEC no-action relief enabling zero cash balance brokerage accounts, while global regulators advance digital asset infrastructure and issue new guidance on AI supervision and prediction market contracts. How are these developments reshaping the intersection of traditional finance, emerging technology, and regulatory oversight?

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.

Medicare Advantage faces unprecedented regulatory scrutiny as federal agencies deploy aggressive audit strategies, Congress investigates alleged fraud schemes, and courts challenge CMS's authority over payment structures.

On March 28, 2025, the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation and Federal Reserve Board announced their collective intent to issue a proposal (the "Rescission Proposal")...

A publicly traded fintech company has announced a $590 million acquisition of its longtime national bank partner, marking a strategic shift from the traditional bank-partnership model to direct ownership of a national bank charter. The transaction, expected to close in the first half of 2027 pending regulatory approvals, would make the fintech a bank holding company while consolidating its banking activities and eliminating certain sponsor-bank fees. This deal represents a faster alternative to pursuing a d

On May 29, 2026, the Commodity Futures Trading Commission (CFTC) took a series of coordinated actions to establish a domestic regulatory framework for perpetual contracts on digital commodities.

On February 25, 2026, the Office of the Comptroller of the Currency (the "OCC") issued a Notice of Proposed Rulemaking (the "NPRM") to implement the Guiding and Establishing National Innovation for U.S. Stablecoins Act (the "GENIUS Act").

The House Financial Services Committee on September 16 approved H.R. 10184, the Consumer Financial Protection Accountability and Reform Act of 2026, by a 28-21 vote. The legislation, sponsored by Rep. Andy Barr (R-Ky.), would make significant changes to the structure, funding, rulemaking, supervision, enforcement, and other authorities of the Consumer Financial Protection Bureau (CFPB).

Private credit markets are showing signs of stress, with enterprise software borrowers particularly vulnerable as AI disruption threatens their business models. Four critical warning signals—deteriorating credit health, rising PIK interest, mid-market concentration of defaults, and strategic misalignment with AI—suggest lenders need to shift from passive monitoring to active portfolio management before the 2028 debt maturity wall arrives.