Global Financial Markets

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 reports must be made. Please join Mayer Brown partners Brad Resnikoff and Matt Bisanz to learn more about the BOI Rule and how to prepare to come into compliance with it.

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 of the key regulatory issues for banks to follow.

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 ready to tackle the challenges and opportunities that may arise in the coming months. Krista Cooley, Eric Edwardson, Chris Pochon, Lauren Pryor, Susannah Schmid and Sean Scott discuss this timely topic.

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 process in New York. The New York legislation has been approved by both houses of the New York legislature and, if enacted, would significantly constrain lenders', servicers' and investors' ability to efficiently prosecute foreclosure actions and potentially jeopardize their ability to recover their mortgage debt. Join Mayer Brown lawyers Krista Cooley, Tom Panoff and Frank Doorley for an overview of the legislation and a discussion of what it may mean for residential mortgage loan servicers in New York and which of its provisions are potentially retroactive.

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 entities.

These laws impose an array of implementation challenges and present a variety of questions of interpretation—not the least of which is when they take effect. Mayer Brown lawyers Jeff Taft, Krista Cooley, Frank Doorley and Dan Pearson discuss:

• An overview of the new laws
• What they mean for providers of commercial financing now
• What we can expect to see in the future as effective dates approach and additional states introduce their own commercial financing disclosure and registration bills