Expert Analysis

• Major EU AI Banking Ruling Will Reverberate Across Sectors

  

  Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

• ESG Concerns Can No Longer Be Ignored In 2024

  

  While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.

• CFPB As Pay App Watchdog May Invite More Fintech Regs

  

  While the Consumer Financial Protection Bureau's recent proposal to enhance federal oversight of the biggest consumer payment applications would impose no new regulatory obligations, the rulemaking could provoke heightened scrutiny for all participants in the digital payments market, say attorneys at Steptoe.

• 5 Litigation Funding Trends To Note In 2024

  

  Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

• Bank-Fintech Partnerships Can Thrive Despite A Tough 2023

  

  Many banking-as-a-service players experienced regulatory enforcement activities in 2023, including consent orders and more targeted, detailed guidance aimed at bank-fintech partnerships, and while it seems this trend will continue in 2024, savvy banks can use the turmoil of last year as a guide for how to better manage the risks inherent in partnerships, says Justin Steffen at Barack Ferrazzano.

• 5 Securities Litigation Issues To Watch In 2024

  

  There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

• A Look At Consumer Reporting In 2023, And What's To Come

  

  The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

• Roundup

  Georgia Banking Brief

  

  In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in Georgia banking regulation, litigation and policymaking.

• Series

  Ga. Banking Brief: All The Notable Legal Updates In Q4

  

  In last year's fourth quarter, Georgia Sen. Raphael Warnock raised concerns regarding the proposed Secure and Fair Enforcement Regulation Banking Act, among other matters, at a Senate Banking Committee hearing, while recent and varied new rules enacted by Georgia's banking and finance department went into effect, say Nancy Baughan and Joe Wilson at Bradley Arant.

• Anti-Money Laundering Compliance Must Put Officers On Alert

  

  Recent government actions against FTX and other crypto companies have put a laser focus on corporate compliance failures, with added pressure on compliance officers — making the need for personal risk assessment particularly acute given today's novel anti-money laundering issues, say Poppy Alexander at Constantine Cannon and Caleb Hayes-Deats at MoloLamken.

• Cannabis Banking Bill Uncertainty May Actually Be A Blessing

  

  The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

• Series

  ESG Around The World: South Africa

  

  While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

• Roundup

  California Banking Brief

  

  In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in California banking regulation, litigation and policymaking.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q4

  

  As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.

• 4 Legal Ethics Considerations For The New Year

  

  As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.