Can online lead generation be done while remaining compliant under Section 8 of the Real Estate Settlement Procedures Act (“RESPA”)? The answer is yes, but it is important to navigate the impermissible activities recently identified by the Consumer Financial Protection Bureau (“CFPB”). On February 7, 2023, the CFPB issued guidance in an advisory opinion addressing how it interprets RESPA and its implementing regulation, Regulation X, in the context of digital marketing and lead generation...

Many US businesses with significant non-US investors may be required to file a BE-12 with the Bureau of Economic Analysis (“BEA”) this year as part of a survey that the BEA conducts every five years and most recently in 2018. The BE-12, also known as the Benchmark Survey of Foreign Direct Investment in the United States, is a collection of financial and operating data that must be filed by certain US businesses—even if they have not been contacted by the BEA. Determining whether a US...

Please join us as the authors of our recent Legal Update provide an overview of the SEC’s (Securities and Exchange Commission) recently proposed rule to prohibit conflicts of interest in certain securitizations as required under the Dodd-Frank Act. A re-proposal of a 2011 proposed rule, the re-proposal shares some of the same issues and concerns and may be even worse in some respects. If adopted as re-proposed, the rule’s prohibition would have profound consequences for securitization...

Please join Mayer Brown partners Jessie Dougher, Jenna Hartnett, Melissa Kilcoyne and Miller Smith for a discussion of what awaits structured finance this year. They will examine some of the key opportunities and challenges 2023 will bring to market participants and discuss topics such as trends in auto and equipment securitizations, the SEC’s recent conflict of interest proposal and other things to watch in the current regulatory landscape, RMBS, CMBS and fintech.  

Algorithms and artificial intelligence (AI) are increasingly being deployed in the financial services industry, with massive potential to automate and enhance processes, increase efficiency, improve customer service, and augment investment and lending analyses. However, with those potential benefits come challenges, such as the risk that AI applications may result in unintended bias or “unfair” discrimination against certain sub-groups. Please join Mayer Brown partners Niketa Patel, Tori...

Litigation involving artificial intelligence (AI) or machine learning presents special risks due to the inherent difficulties of explaining how these tools work. Please Join Mayer Brown lawyers Reg Goeke, Alex Lakatos, and Christopher Leach as they discuss the risks of using AI tools, solutions that can help mitigate those risks, and explainability challenges that arise when litigating cases involving AI tools.

The end of 2022 saw a few noteworthy proposals and other actions by the US banking regulators. Final rulemakings on some proposals may come in 2023 but likely not before we see additional proposals in the first half of the new year. Some are long-awaited, and others are newly inspired, actions of the moment. Please join Mayer Brown partners Jeffrey Taft and Matt Bisanz as they discuss what’s happening and how it may impact the banking industry.

The National Association of Insurance Commissioners (“NAIC”) recently introduced a host of initiatives related to statutory accounting, credit quality designation and related regulatory risk-based capital affecting CLOs and other types of structured finance in which US insurance companies invest. Mayer Brown partners Paul Forrester and Larry Hamilton will discuss how these initiatives are affecting insurer investments in ABS now and potentially in the future.

The Fifth Circuit recently ruled that the Consumer Financial Protection Bureau’s (CFPB) funding structure is unconstitutional, casting doubt on all of the agency’s actions. But the CFPB is as active as ever. Please join Mayer Brown lawyers Ori Lev, Chris Leach, and Christa Bieker as they discuss the Fifth Circuit’s ruling and its implications as well as the agency’s recent policy, enforcement, and supervisory activities.  

Private equity (“PE”) investment in US insurers has increased, with a particular emphasis on life insurance groups. In response, the National Association of Insurance Commissioners (“NAIC”) has taken a renewed interest in how PE investment might impact the safety and stability of the insurers involved. Mayer Brown partners Larry Hamilton and Sanjiv Tata will discuss the reasons behind this renewed regulatory interest and some of the areas that the NAIC has identified for particular scrutiny.

On October 10, 2022, the European Commission published its report on the functioning of the EU Securitization Regulation. The report includes the Commission’s legal interpretation of the jurisdictional scope of the Regulation. Mayer Brown partner Neil Hamilton will discuss the Report and its impact on US securitizations offered to European institutional investors.

The Financial Crimes Enforcement Network (“FinCEN”) recently published its final beneficial ownership information rule (the “BOI Rule”). The BOI Rule will have a significant impact on a number of businesses, including those in the commercial real estate and structured finance sectors. The BOI Rule addresses who will be required to file beneficial owner information with the Corporate Transparency Act (“CTA”) Registry, who will be exempt from filing, what must be filed and when the required...

Federal regulators have zeroed in on the auto industry in recent rulemaking, supervisory and enforcement activities. Mayer Brown partners Christopher Leach and Tori Shinohara discuss the FTC and CFPB’s focus on the auto industry, including the FTC’s proposed auto rule and recent supervisory and enforcement trends.

The Consumer Financial Protection Bureau (CFPB) has been active on numerous fronts over the last several months. Mayer Brown partner Ori Lev and associates Christa Bieker and Brian Stief discuss: The CFPB’s efforts to expand the scope and uses of its statutory authorities Trends in the CFPB’s supervisory and enforcement activity The CFPB’s recent focus on fees and consumer reporting The new Office of Competition and Innovation

The first half of 2022 saw a few noteworthy proposals and other actions by the US banking regulators. Final rulemakings on some proposals could come in the second half of the year, but others may be delayed until 2023. In either case, we expect to see significant action on some of these issues through the issuance of supervisory guidance, review of pending requests and applications, and heightened examiner attention. Mayer Brown lawyers Jeffrey Taft, Matthew Bisanz and Kerri Webb discuss some...

The residential finance industry faces substantial headwinds in the current economic environment. After a record-breaking performance in 2021, the industry is now keenly focused on reduced volumes and compressed margins, decreased inventory and rising interest rates. Volatile markets may be stressful, but they also present opportunities for growth and development. Mayer Brown has an interdisciplinary team of lawyers from our restructuring, financial services, M&A and finance practices...

It’s not the easiest time to be in the mortgage business. Mortgage investors and servicers continue to deal with the fallout from the COVID-19 pandemic and its effects on borrowers. Rising interest rates could drain the plentiful supply of refinance business from prior years and deter hopeful homebuyers from seeking new financing. And now the New York legislature has added another layer of complexity by passing a bill that would significantly impact the residential mortgage foreclosure...

Four states—and counting—have enacted laws requiring providers of a wide range of commercial financing to give applicants detailed disclosures of the sort previously seen only in the consumer credit industry. California enacted the pioneering law in 2018, and New York, Utah and Virginia (so far) have followed suit. The most recent examples, the Utah and Virginia laws, have also included a requirement that financers register with the state, increasing the compliance burden for covered...

The UK National Security and Investment Act 2021 (the “Act”) entered into force on January 4, 2022 and enables the UK government to screen, block and unwind certain transactions on national security grounds. A new body, the Investment Security Unit (“ISU”), is responsible for the operation of the new regime. The Act provides for mandatory prior notification and approval of certain transactions in 17 sensitive sectors, and for the retrospective “call-in” of other transactions. The new regime...

Since January 2021, the Biden administration has signaled that it intends to ramp up anti-money laundering (AML) regulation and enforcement. That was reinforced late last year when the administration issued its comprehensive Strategy on Anti-Corruption, which declared that combating illicit finance is one of its principal goals. The strategy highlights how regulators and law enforcement officials will leverage recent AML legislation and enhanced regulations that encourage transparency,...

In response to the recent devastating events in Ukraine, many jurisdictions have imposed a broad range of new sanctions and export controls focused on the Russian state and certain Russian businesses and individuals. The new sanctions and export control regimes of the EU, the UK and the US have been evolving in real time over the past couple of weeks, and there are important but subtle differences between those regimes. However, the consequences of non-compliance can be severe, so it is...

Rohit Chopra took over the helm of the CFPB last fall and has already started to make his mark on the agency, bringing a decidedly antitrust focus to his new role. Mayer Brown partners Ori Lev and Stephanie Robinson for a discussion of Chopra’s first six months, including the CFPB’s use of its Section 1022 authority, notable enforcement actions and other policy developments.

After two years of responding to the pandemic, US banking regulators likely will refocus this year on forward-looking issues. In particular, the following issues are expected to occupy a significant portion of the regulators’ time in 2022: Regulatory Capital Rule Revisions Climate-Related Risk Management Expectations Digital Asset Activities Fintech Bank Charters Third-Party Vendor Risk Management Investment Fund Relationships Community Reinvestment Act Mayer Brown partners Jeffrey Taft...

Late last year, a federal district court ruled that securitization trusts holding student loans might be liable for the alleged unfair and deceptive collection practices of the trusts’ servicers. This is the first time that the US Consumer Financial Protection Bureau (CFPB) has sought to hold a securitization trust liable for acts of its servicers and the first judicial decision addressing the CFPB’s argument that such trusts are covered persons subject to the CFPB’s UDAAP authority. The...

Mayer Brown partners James Antonopoulos, Amanda Baker, Steven Garden, Brian Kuhl, Eric Mitzenmacher, Ger O’Donnell and Jan Stewart discussed “What to Expect in 2022” in the structured finance markets. They examined some of the key opportunities and challenges this new year will bring to market participants and discuss trending topics and the current regulatory landscape. Topics included updates on ABS filings with the SEC, consumer regulations, fintechs, RMBS, LIBOR and tax.