Financial Institutions

FDIC proposes retiring hundreds of financial institution letters


The agency says the effort, part of a review conducted every 10 years, will help eliminate regulatory red tape.


FSOC proposes Zions shed its systemically important status


The Financial Stability Oversight Council has proposed to dedesignate Zions Bancorp. as a systemically important financial institution under the Dodd-Frank Act.


How to save a bank's reputation


What is the difference between a reputational hit that ends up being just a blip, and one that becomes an extinction level event? Following are five ways to assess your exposure.


How to Tie CFPB Enforcement Up in Knots


While Acting Director Mick Mulvaney is apparently on a tear to defang the Consumer Financial Protection Bureau, some of his actions have flown under the radar. In this and future guest blog posts, I will shine light on one key initiative that largely has gone unnoticed:  namely, the twelve Requests for Information that Mr. Mulvaney launched on January 26.


Trump’s Bank Regulators


ProPublica’s new web site “Trump Town” tracks political appointees across federal agencies. In light of the president’s promises to “drain the swamp”, it is interesting to peruse some of the Treasury Department appointees responsible for bank regulation.


How S.2155 (the Bank Lobbyist Act) Facilitates Discriminatory Lending


If you think it's ridiculous that the CDC can't gather data on gun violence, consider the financial regulatory world's equivalent:  S.2155, formally known as the Economic Growth, Regulatory Relief, and Consumer Protection Act, but better (and properly) known as the Bank Lobbyist Act.  S.2155 is going to facilitate discriminatory lending. Let me say that again.  S.2155 is legislation that will facilitate discriminatory lending.


Trump’s “Draining the Swamp” Scorecard: One Year In


Donald Trump came into office promising, among other things, to “drain the swamp” and get rid of all that corruption.  One year in, how are things looking in terms of swamp draining? 

The following is based on work with my super co author, Stephen Choi, of NYU Law School.


Bankruptcy's Lorelei: The Dangerous Allure of Financial Institution Bankruptcy


I have a new (short!) paper out, Bankruptcy's Lorelei:  The Dangerous Allure of Financial Institution BankruptcyThe paper, which builds off of some Congressional testimony from 2015, makes the case that proposals for resolving large, systemically important financial institutions in bankruptcy are wrongheaded and ultimately dangerous.