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  • Article

    Cross-Trading At A Crossroads

    In an article published in The Investment Lawyer, Partner Amy Doberman explains the history of cross-trading guidance and relief, the subsequent reluctance to adopt cross-trading and the eventual interpretive.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Cybersecurity Collaboration - Routes To Stronger Defenses

    As an industry the financial sector outpaces other economic sectors in cybersecurity preparedness. Despite these efforts, however, cyber criminals still target bank networks, their executives, key employees with escalated privileges, and third parties with important connections to financial institutions.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Cybersecurity Collaboration: Routes To Stronger Defenses

    As an industry, the financial sector outpaces other economic sectors in cybersecurity preparedness.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Developments In CFTC Cooperation Program

    The Commodity Futures Trading Commission (CFTC or Commission) recently took several steps to further encourage cooperation with and self-reporting to the Commission's Division of Enforcement (Division).
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Efficiency At What Cost? Advantages Of A Separate Board for ETFs

    Exchange-traded fund (ETF) products and sales have proliferated dramatically in the past five years and the trend promises to continue.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Ensuring A Level Playing Field For Federal Virtual Currency Regulation

    The Financial Crimes Enforcement Network ("FinCEN"), the US Department of the Treasury bureau responsible for combating money laundering and terrorist financing, has been by far the most impactful federal regulator of Bitcoin and other virtual currency.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Going On The Offensive To Improve Advisers Act Disclosures

    Offensive disclosure leans towards obvious exhibition and expression in public. It invites engagement, for the purpose of obtaining from clients (and demonstrating to regulators) informed consent.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Military Lending Act Poses Challenges

    New regulations issued by the Department of Defense (DOD) under the Military Lending Act (MLA) will have a major impact on financial institutions.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Navigating The CFTC's Cross-Border Guidance – A Primer For Market Participants

    Compliance with the Final Guidance on the cross-border application of the swaps provisions of the Dodd-Frank Act recently took effect.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Preparing For Security-based Swap Dealer Registration: Comparing SEC & CFTC Regulatory Requirements

    The Securities and Exchange Commission (SEC) security-based swap dealer rules have finally been issued, and a large amount of work will be required to comply.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    President Trump To Nominate Dan Berkovitz To CFTC

    The nomination is subject to confirmation by the US Senate.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Reasonable And Proportional: The Forgotten Concept In The Durbin Amendment

    Those who have followed the rulemaking under the Durbin Amendment and the merchants’ litigation challenging the final debit interchange fee rule, Regulation II, have been treated to an extended debate about arcane cost issues the likes of which normally occupy ratemaking boards, not the Federal Reserve Board.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Reassessing Your Risk Profile For OFAC Sanctions

    In recent years, OFAC has made the securities industry one of its compliance and enforcement priorities.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Recent Capital Markets Transactions: 2023

    Market leaders and major investment banks turn to WilmerHale for capital markets legal advice and business advantage. In 2022, we handled more than 50 public offerings, Rule 144A ...
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Recent Capital Markets Transactions: 2024

    Market leaders and major investment banks turn to WilmerHale for capital markets legal advice and business advantage.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Secondary Sanctions Against North Korea Place Global Financial Firms at Risk

    As North Korea continues its provocative missile tests and nuclear activities, the United States appears poised to adopt secondary sanctions that would target Chinese and other firms conducting business with Pyongyang.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Swap Provisions Of Dodd-Frank Act: Cost-Benefit Analysis And Judicial Review

    Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act1 (the Dodd-Frank Act or the Act) established a comprehensive new regulatory framework for the previously unregulated swaps and security-based swaps markets.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    The Bank Preemption Ripple Effects After Cantero, Flagstar

    In an expert analysis published in Law360, Partner Franca Harris Gutierrez, Senior Counsel Julie Williams and Associate Andrew Lindsay dive into what's next for national bank preemption following SCOTUS' decision...
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    The FCA Abolishing Its Plans To Name And Shame Is A Welcome Move

    In an article published in the Financial Times Adviser, Counsel Imogen Makin discusses the Financial Conduct Authority's recent shift away from its February 2024...
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    Why Depository Institutions, With Or Without Affiliated Securities Firms, Can And Should Manage Employee Use Of Personal Devices For Work-Related Communications

    Partner Michael Leotta co-authored an article published in the Journal of Financial Compliance about the potential risks for traditional depository institutions that do not monitor for and prevent off-channel communications.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale

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