The Supreme Court’s June 29, 2026 decisions in Trump v. Slaughter and Trump v. Cook raise fundamental questions about presidential power, the independence of federal agencies, and the constitutional structure of the administrative state. Although both cases involved the President’s authority to remove federal officials, the Court’s decisions appear to point in different directions.… Continue Reading
Federal Reserve Board
Third District Court Rejects OLC’s Interpretation of CFPB Funding Statute
By Alan S. Kaplinsky on
Judge Aiken Holds That “Combined Earnings” Means Federal Reserve Revenue, Not Profit
In a September 25, 2026, decision, Judge Ann Aiken of the U.S. District Court for the District of Oregon became the third federal district judge to reject the Office of Legal Counsel’s interpretation of the statutory mechanism Congress established to fund the Consumer Financial Protection Bureau.… Continue Reading
Banking Agencies Propose More Prescriptive Third-Party Risk Management Framework
By Alan S. Kaplinsky & Ronald K. Vaske on
Proposed guidance would require specific elements in bank policies and programs and could give added significance to FDIC’s proposed industry standard-setting organization
Executive Summary
The federal banking agencies have proposed new third-party risk management guidance that is more prescriptive than its emphasis on a “risk-based” approach might suggest. In addition to calling for risk-based oversight, the proposal identifies specific elements that banks should address in board-approved policies and throughout the life cycle of third-party relationships, including due diligence, contracting, ongoing monitoring, documentation, remediation, and termination.… Continue Reading
FinCEN Clarifies That Banks May Discuss Fraud and Account Closures Without Disclosing SARs
FinCEN and the federal banking agencies have clarified that Suspicious Activity Report (SAR) confidentiality does not prevent banks from communicating with customers about the underlying transactions or conduct that prompted concern, including explaining certain fraud-related restrictions or account closures.
The September 2 joint statement from FinCEN, the Federal Reserve, FDIC, NCUA and OCC does not change the Bank Secrecy Act or impose new supervisory requirements.… Continue Reading
Trump renews effort to oust Cook from Federal Reserve Board
President Trump is renewing his effort to oust Lisa D. Cook from the Federal Reserve Board.
In a letter to Cook, a Biden Administration nominee, Daniel Scavino, Assistant to the President and Deputy Chief of Staff and Director of the Office of Presidential Personnel, repeated allegations that Cook may have made false statements on one or more mortgage applications and stated that the President is considering removing her from her position as a result.… Continue Reading
Federal Reserve Board and FDIC Propose to Modernize Insider Lending Rules by Updating Regulation O Thresholds
The Federal Reserve Board and the Federal Deposit Insurance Corporation have issued substantially identical notices of proposed rulemaking to modernize the regulations governing extensions of credit by banks to their executive officers, directors, principal shareholders, and their related interests. Because the agencies supervise different categories of insured depository institutions, each is proposing amendments to its own regulations, although the proposals are virtually identical in substance.… Continue Reading
Federal Banking Agencies Adopt Coordinated Approach to Protect Highly Sensitive Information During Bank Examinations
The federal banking agencies, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, have issued a joint statement establishing a coordinated approach for the handling of highly sensitive information during bank examinations. While the statement does not impose new supervisory expectations, it represents an important acknowledgment that the examination process itself can create cybersecurity and information security risks if highly sensitive information is not handled appropriately.… Continue Reading
GAO Report Reinforces Trump Administration’s Regulatory Reform Agenda for the Banking Industry
The U.S. Government Accountability Office (GAO) recently issued a report recommending that the federal banking agencies adopt a more rigorous and transparent process for identifying and eliminating outdated, unnecessary, or unduly burdensome banking regulations. Although the report focuses on improving the agencies’ review process rather than recommending the repeal of any specific regulations, its conclusions align closely with the Trump Administration’s broader effort to reduce regulatory burdens throughout the federal government.… Continue Reading
Supreme Court Overrules Humphrey’s Executor, Vastly Expands Presidential Removal Authority—But Preserves Federal Reserve Independence
In a pair of very important decisions issued today, the U.S. Supreme Court reshaped the constitutional landscape governing independent federal agencies. In Trump v. Slaughter, Court overruled the 91-year-old precedent of Humphrey’s Executor v. United States, 295 U.S. 602( 1935), and held that members of the Federal Trade Commission may be removed by the President at will, notwithstanding statutory “for cause” removal protections.… Continue Reading
Banking agencies update interagency documents to remove reputational risk references
By Ballard CFS Group on
The Federal Reserve Board, FDIC and OCC have jointly updated interagency documents to delete references to reputational risk.
The agencies took this action to complement their earlier actions to end the use of reputational risk in supervision.
“As the agencies have previously noted, reputation risk can be misused by supervisors as a basis to encourage or pressure a bank to restrict individuals’ and legal businesses’ access to financial services due to their constitutionally protected political or religious beliefs, speech, or conduct or lawful business activities,” the agencies said, in a joint statement.… Continue Reading