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Expert Analysis

• 6 Key Takeaways From CFIUS Annual Report

  

  Attorneys at Simpson Thacher review highlights from the annual report of the Committee on Foreign Investment in the U.S., released to Congress this month, including the launch of the American First Investment Policy and the Known Investor Pilot Program, and the agency's continued focus on enforcement despite its resource constraints.

• Upping Fed, FDIC's Insider Loan Cap May Ease Bank Burdens

  

  Coordinated Federal Deposit Insurance Corp. and Federal Reserve proposals to raise the 1970s-era cap for bank executives borrowing from their institutions represent a long-needed regulatory recalibration that would lighten compliance obligations caused by the outdated ceiling without diminishing the original protections against conflicts of interest, say attorneys at Ballard Spahr.

• California FAIR Plan Is Outgrowing Last-Resort Role

  

  With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

• Fed Report Underscores Focus On Nonbank, CRE Risks

  

  The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

• 3 Upcoming Deadlines That EB-5 Investors Should Consider

  

  Potential EB-5 regional center investors should weigh three approaching deadlines, the most immediate of which is Sept. 30, that may affect their filing strategy, required capital commitment and ability to participate even if Congress fails to reauthorize the program, says Michael Ashoori at Ashoori Law.

• Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

  

  Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

• Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

  

  The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

• State Of Insurance: Q2 Notes From Pennsylvania

  

  Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

• Ala. Bank Case Tells A Cautionary Tale On Collateral Risks

  

  The Alabama Supreme Court's recent decision in U.S. Bank Trust National v. Bonilla, concerning a residential foreclosure gone awry, teaches that, beyond the common refrain of knowing your customer, banks should also take steps — such as obtaining a survey or purchasing title insurance — to know their collateral, says Danielle Douglas at Adams & Reese.

• USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

  

  Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

• From Order To Regulation: How EOs Are Reshaping Banking

  

  The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

• CFPB Fair Lending Litigation Reveals Compliance Complexity

  

  A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

• Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.