Expert Analysis

• Roundup

  New York Banking Brief

  

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

• Strategic Succession Planning At Law Firms Is Crucial

  

  Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

• Opinion

  Congress Must Protect Consumer Fraud Whistleblowers

  

  Congress' proposed bill to establish a Consumer Financial Protection Bureau whistleblower program is crucial for the public's protection against insurance fraud, credit fraud, investment fraud, identity theft, mortgage fraud and other consumer fraud schemes, which all too often go unchecked, says Stephen Kohn at Kohn Kohn.

• The Impact Of Proposed HSR Form Changes On Agency Staff

  

  The Federal Trade Commission's recent proposed changes to the Hart-Scott-Rodino Notification and Report Form will have the unintended effect of drastically increasing the burden on agency staff without an appreciable increase in their ability to detect potentially anti-competitive transactions, say Amanda Wait and Andrew Eklund at Norton Rose.

• Why All Cos. Should Take Note Of Calif. GHG Disclosure Laws

  

  Two recent California laws involving the disclosure of greenhouse gas emissions, as well as the U.S. Securities and Exchange Commission's upcoming final rule, focus on financial services firms' so-called financed emissions, meaning vastly more companies than those directly subject to today's reporting mandates will be required to supply climate-related risk disclosures, says David Smith at Manatt.

• Series

  In The CFPB Playbook: The Bureau In The Courts

  

  From defending the constitutionality of its funding and the scope of its rulemaking authority in the courts to releasing more nonbinding guidance, the Consumer Financial Protection Bureau had a busy summer. Orrick's John Coleman discusses all this and more in the second installment of quarterly bureau activity recaps by former CFPB personnel.

• Roundup

  In The CFPB Playbook

  

  As the Consumer Financial Protection Bureau continues to expand its oversight of the financial services industry and beyond, former CFPB personnel provide recaps discussing the most noteworthy developments from each quarter.

• NJ Law Reinforces States' Stance Against Card Surcharges

  

  A recently passed New Jersey law limiting sellers' credit card surcharges is the latest instance of state efforts to prohibit or restrict such practices, highlighting a complex legal battle between constitutional rights and consumer protection principles, says Tom Witherspoon at Stinson.

• What Marijuana Status Change Would Mean For Industry

  

  If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.

• Feds' Long-Term Debt Proposal Could Be Costly For US Banks

  

  Federal banking regulators recently released a proposal for long-term debt requirements for certain U.S. banking organizations, which would significantly increase the cost of capital for most covered organizations, and the burden would be exacerbated by other factors in the current lending environment, say Matthew Bisanz and Anna Pinedo at Mayer Brown.

• Calif. Climate Disclosure Bills Promise Challenges For Cos.

  

  Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.

• Maximizing Law Firm Profitability In Uncertain Times

  

  As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

• Fintech Cos. Should Consider Asset-Based Financing For RE

  

  Fintech companies that own or plan to acquire real property may be able to utilize asset-based financings to access more efficient and cost-effective forms of capital beyond traditional venture capital sources, say attorneys at Mayer Brown.

• End To CFPB's Discrimination Rule Is A Boon To Industry

  

  A Texas federal court's recent order, which vacated revisions to a Consumer Financial Protection Bureau manual that expanded its authority to punish purported discriminatory practices, provides much-needed relief to covered entities that experienced increased regulatory uncertainty and compliance costs under the updated standards, say attorneys at Husch Blackwell.

• What UCC Article 12 Adoption Means For Digital Assets

  

  Until it is widely adopted, both owners of digital assets and their secured lenders will need to exercise caution in jurisdictions that have adopted Uniform Commercial Code Article 12, and care will need to be taken when creating, transferring and managing digital assets to comply with its requirements, say Margo Tank and David Whitaker at DLA Piper.