United States: Finance and Banking

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
FDIC, NCUA, And OCC Issue Guidance On Lending To Individuals Not Authorized To Work In The US
Federal banking regulators issue new guidance on lending to non-work authorized borrowers and handling highly sensitive information during examinations, while the FDIC proposes reporting forms for payment stablecoin issuers and New York establishes a comprehensive regulatory framework for stablecoins. Two bank failures in Indiana and Kansas result in FDIC receiverships with estimated costs totaling $6.9 million to the Deposit Insurance Fund.
United States Finance
GP
Goodwin Procter LLP
Article
Nasdaq Adopts New $5 Million Market Value Continued Listing Requirement: What You Need To Know
The SEC has approved a new Nasdaq rule establishing a $5 million minimum Market Value of Listed Securities threshold, creating an immediate delisting risk for companies that fall below this level for 30 consecutive business days. Unlike other compliance violations, this rule offers no cure period and results in immediate suspension, fundamentally changing the landscape for small-cap companies struggling with low market valuations.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
SEC Approves Nasdaq’s New $5 Million MVLS Continued Listing Requirement
The U.S. Securities and Exchange Commission has approved Nasdaq's new continued listing requirement mandating companies maintain a market value of listed securities of at least $5 million. Companies falling below this threshold for 30 consecutive business days face immediate trading suspension and delisting proceedings with no cure period. What strategic alternatives should listed companies consider to navigate this unprecedented regulatory change?
United States Finance
LS
Lowenstein Sandler
Article
Beyond Qualified Clients: Are Performance Fees Coming To A Registered Fund Near You?
The SEC's Division of Investment Management is considering rule amendments that would allow investment advisers to charge performance-based fees to a broader range of clients beyond the current "qualified client" threshold. This potential regulatory shift could dramatically expand retail investor access to private markets through registered funds and fundamentally reshape the competitive landscape for fund managers who have previously been deterred by performance fee restrictions.
United States Finance
GP
Goodwin Procter LLP
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Article
Built For One Era, Operating Across Four Generations
Federal banking agencies have issued revised model risk management guidance in SR 26-2, introducing a more explicitly risk-based approach to model governance, validation, and monitoring. While primarily targeting organizations with over $30 billion in assets, the principles-based framework has broader implications for regional and community banks navigating evolving regulatory expectations.
United States Finance
AC
Ankura Consulting Group LLC
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Article
SEC Expands Exemptive Relief For Tender Offers And Exchange Offers For Non-Convertible Debt Securities
On June 30, 2026, the staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (“SEC”) issued an exemptive order granting an exemption from Rules 14e-1(a) and (b) under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), for certain qualifying tender or exchange offers for non-convertible debt securities (“Five Business Day Tender Offers”). The SEC exemptive order supersedes the Staff’s 2015 no-action letter (the “2015 Letter”)[1] relating to Five Business Day Tender Offers and is effective immediately.
United States Finance
ST
Simpson Thacher & Bartlett
Article
SEC’s Office Of Mergers And Acquisitions Issues Exemptive Order Easing Certain Requirements For Non-Convertible Debt Tender Offers
The SEC's Office of Mergers and Acquisitions has issued a new exemptive order allowing tender and exchange offers for non-convertible debt securities to remain open for just five business days instead of the standard 20-day period. This order liberalizes the previous framework by permitting partial offers with proration, narrowing consent solicitation prohibitions, and expanding eligible participants. What are the key conditions that must be met for issuers to take advantage of this abbreviated timeline, an
United States Finance
GP
Goodwin Procter LLP
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Article
Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition
A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.
United States Insolvency
DM
Duane Morris LLP
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Article
FDIC, NCUA, And OCC Issue Guidance On Lending To Individuals Not Authorized To Work In The US
Federal banking regulators issue new guidance on lending to non-work authorized borrowers and handling highly sensitive information during examinations, while the FDIC proposes reporting forms for payment stablecoin issuers and New York establishes a comprehensive regulatory framework for stablecoins. Two bank failures in Indiana and Kansas result in FDIC receiverships with estimated costs totaling $6.9 million to the Deposit Insurance Fund.
United States Finance
GP
Goodwin Procter LLP
Article
SEC Approves Nasdaq’s New $5 Million MVLS Continued Listing Requirement
The U.S. Securities and Exchange Commission has approved Nasdaq's new continued listing requirement mandating companies maintain a market value of listed securities of at least $5 million. Companies falling below this threshold for 30 consecutive business days face immediate trading suspension and delisting proceedings with no cure period. What strategic alternatives should listed companies consider to navigate this unprecedented regulatory change?
United States Finance
LS
Lowenstein Sandler
Article
Beyond Qualified Clients: Are Performance Fees Coming To A Registered Fund Near You?
The SEC's Division of Investment Management is considering rule amendments that would allow investment advisers to charge performance-based fees to a broader range of clients beyond the current "qualified client" threshold. This potential regulatory shift could dramatically expand retail investor access to private markets through registered funds and fundamentally reshape the competitive landscape for fund managers who have previously been deterred by performance fee restrictions.
United States Finance
GP
Goodwin Procter LLP
See more