Why traditional principles of property, contracts, secured transactions, custody, and bankruptcy are essential to the future of digital finance

As digital assets, stablecoins, and tokenized financial products continue to reshape financial markets, much of the legal and policy debate has focused on financial regulation. Congress, federal banking agencies, the SEC, the CFTC, and state regulators have devoted considerable attention to establishing the regulatory framework governing these emerging technologies.… Continue Reading

The Eighth Circuit’s October 26, 2026 unanimous decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System delivers a significant victory for merchants challenging the Federal Reserve’s regulation of debit card interchange fees. The court affirmed a district court judgment vacating the Federal Reserve’s longstanding 21-cent-per-transaction cap, concluding that the agency failed to follow the Durbin Amendment’s statutory command to base regulated interchange fees on the incremental cost of processing a particular debit card transaction.… Continue Reading

The ten states challenging the Office of the Comptroller of the Currency’s (OCC) new interest-on-escrow rules are urging a federal district court to reject the agency’s attempt to delay judicial review of those rules while the U.S. Supreme Court considers three petitions involving the preemption of state mortgage interest-on-escrow laws. In an October 23, 2026 filing the states argue that the Supreme Court proceedings discussed below will not resolve the central issues in their Administrative Procedure Act (APA) challenge, that an indefinite stay would harm both the states and consumers, and that the OCC has not demonstrated the hardship necessary to justify delaying the case.… Continue Reading

Greenway Automotive has agreed to settle FTC allegations that the company charged consumers thousands of dollars more than it advertised.

The company has agreed that its advertisements will prominently include the actual price a consumer must pay for a vehicle, excluding charges the government requires purchasers to pay.

The order, filed in the U.S.… Continue Reading

The CFPB will not force regional workers to move to Washington, D.C., The American Banker reported.

The Bureau had threatened to fire workers who refused to move to D.C.

The CFPB has “no plans in the short term” to reissue notices forcing remote employees to relocate to D.C., the National Treasury Employees Union Chapter 335 said in an email to its members obtained by The American Banker.… Continue Reading

Summary

New York County District Attorney Alvin L. Bragg, Jr., recently announced the formation of the office’s first Corporate Crime and Antitrust Task Force to target corporate fraud and misconduct, with a focus on antitrust violations, consumer fraud, and health care fraud.

The task force pledges to hold high-level actors and corporations accountable by looking “upstream” to identify the structures and entities that enable and profit from crime.… Continue Reading

Executive Summary

On October 20, 2026, the New York City Department of Consumer and Worker Protection (DCWP) proposed rules regulating automated customer service systems, including AI-powered chatbots, traditional automated telephone systems, and rules-based chatbots. The proposal would require businesses to disclose at the outset that consumers are interacting with an automated system, provide specified means of accessing human assistance, maintain detailed compliance records, and avoid misleading representations about customer service availability.… Continue Reading

Recently President Trump issued another Executive Order addressing housing costs, along with a related fact sheet.

The Executive Order, entitled Decreasing Housing Costs for the American People, addresses:

  • The cancellation of private mortgage insurance on mortgage loans acquired in the future by Fannie Mae or Freddie Mac (the “Enterprises”).
  • Facilitating the use of modern manufacturing methods in the production of manufactured and other factory-built housing eligible for federal housing programs.
… Continue Reading

Oregon and nine other states argue that the OCC unlawfully preempted state interest-on-escrow laws, that Oregon is a proper venue, and that their challenge to the agency’s authority should proceed. The court expects to rule on the OCC’s motions by November 20.

Ten states challenging the Office of the Comptroller of the Currency’s (OCC) mortgage interest-on-escrow rules have opposed the agency’s motion to dismiss or transfer the case.… Continue Reading

The consumer reporting system is undergoing rapid change, raising important questions for financial institutions, consumer reporting agencies, data furnishers, and consumers. In this week’s episode of the Consumer Finance Monitor podcast, our host Alan Kaplinsky (founder, former practice group leader for 25 years and now Senior Counsel of our Consumer Financial Services Group) is joined by Dan Smith, President and CEO of the Consumer Data Industry Association (CDIA), and Adam Maarec, a member of our Consumer Financial Services Group, for an in-depth discussion of the legal, regulatory, and technological developments reshaping the consumer reporting ecosystem.… Continue Reading