Expert Analysis

• Key Points From NY Regulators' Crypto Listing Update

  

  Virtual currency entities should review the New York State Department of Financial Services' recently proposed guidance for self-certification of coins, which features heightened listing standards and a new delisting framework, and evaluate its impact on their existing practices and coin-listing procedures, say attorneys at WilmerHale.

• Attorneys, Law Schools Must Adapt To New Era Of Evidence

  

  Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

• Inside The Current State Of International Crypto Compliance

  

  A recent Financial Action Task Force report regarding adoption of international virtual asset compliance standards reflects a fairly grim state of affairs, but a broader look at providers' risk mitigation efforts and developments is encouraging, say Leah Moushey and Franco Jofré at Miller & Chevalier, and Meredith Fitzpatrick at Forensic Risk Alliance.

• Why Public Cos. Should Also Comply With SEC's Names Rule

  

  While the U.S. Securities and Exchange Commission's updated Names Rule specifically clarifies that funds must consider ESG factors in their investment strategies if their names so imply, public companies should also heed the message and conduct business consistent with the way they market or advertise themselves, says Spencer Feldman at Olshan Frome.

• FDIC's Corp. Governance Proposal: What Banks Should Know

  

  The Federal Deposit Insurance Corporation recently proposed corporate governance guidelines, many of which are already in practice at covered institutions, but banks should be aware that the more prescriptive of these may pose challenges, such as the potential subsumption of the compliance function into risk management, say Grant Butler and Robert Tammero at K&L Gates.

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  ESG Around The World: The UK

  

  Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.

• Lenders Must Prep For Ga. Commercial Financing Disclosures

  

  Since Georgia’s new commercial financing disclosure requirements may be a lender's first foray into complicated Truth-In-Lending-Act-style laws, providers should work with investor counterparties to prepare early disclosures, in compliance with statutory tolerances, for borrowers whose loan agreements take effect Jan. 1, says Melissa Richards at Buchalter.

• Tips For Litigating Against Pro Se Parties In Complex Disputes

  

  Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

• Planning Compliance For Updated FinCEN Reporting Rules

  

  Although the Financial Crimes Enforcement Network's reporting deadline for beneficial ownership information may seem far off, companies should act now to determine which corporate entities must report and what information must be collected, given the potential time, resources and legal questions involved, say attorneys at Crowell & Moring.

• Bank's Penalties Highlight Key AML Compliance Expectations

  

  Recently, Shinhan Bank America faced coordinated enforcement actions from federal and state financial agencies for ongoing, unremedied anti-money laundering compliance failures, revealing current areas of regulatory oversight and focus, including expectations that AML compliance data systems provide a 360-degree view of customers, say attorneys at Jenner & Block.

• How Justices' Disclosure Ruling May Change Corp. Filings

  

  In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

• How CRE Loans Would Shift Under New Bank Capital Rules

  

  Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.

• Parsing Maryland's Earned Wage Access Products Guidance

  

  The Maryland Office of Financial Regulation's new guidance on earned wage access products intended to provide clarity under the state's law may be confusing, but ultimately means one thing — you are either the employer's service provider helping offer an employee benefit, or you are not and therefore considered a lender, say attorneys at Greenberg Traurig.

• Pro Bono Work Is Powerful Self-Help For Attorneys

  

  Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

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  Playing In A Rock Cover Band Makes Me A Better Lawyer

  

  Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.