MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Moore & Van Allen

A Lighter Supervisory Touch, But Not a Lower Bar: What the 2026 GSIB Regulatory Feedback May Signal for Resolution Planning

Kathryn G. Wellman, John A. Stoker — Tue, 02 Jun 2026 09:00:01 -0400

The Federal Reserve Board and FDIC’s (the Agencies) May 2026 feedback to the eight U.S. Global Systemically Important Banks (GSIBs) signals a potential meaningful shift in resolution planning supervision. While the Agencies reaffirmed their focus on operational capabilities developed through prior feedback letters, they stopped short of directing firms on how to further refine them. Instead, they placed responsibility on the GSIBs to critically examine their own capabilities and adapt them to changes in market conditions and each institution’s specific activities and ...

Irreconcilable Differences: Analyzing the Split in the First and Second Circuit Courts of Appeals’ Decisions on National Bank Act Preemption of State Interest-on-Escrow Laws

John A. Stoker, Neil T. Bloomfield, John A. Lightbourne, Jules W. Carter — Wed, 20 May 2026 09:00:02 -0400

On May 5, 2026, a majority panel of the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) issued an opinion holding that the National Bank Act (NBA) preempts New York General Obligations Law (GOL) § 5‑601, which requires banks to pay interest on mortgage escrow accounts. Cantero v. Bank of America, N.A., __F.4th __, 2026 U.S. App. LEXIS 13066 (2d Cir. May 5, 2026) (“Cantero III”). The decision marks the second time the Second Circuit has concluded that GOL § 5‑601 is preempted by the NBA, having previously done so in 2022. Cantero v. Bank of America, N.A., 49 ...

CFPB scales back the small business credit data collection rule - but also indicates future expansion is possible

John A. Stoker, Emily Clayton — Tue, 19 May 2026 09:00:03 -0400

On May 1, 2026, the Consumer Financial Protection Bureau (CFPB) released its long-anticipated final rule (the “Final Rule”) revising its initial rulemaking in 2023 (the “Prior Rule”) to implement the small business lending data collection requirements under Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Prior Rule was the subject of extensive litigation, re-proposals and compliance date extensions, which the CFPB, in the Final Rules, attributes to the Prior Rule’s expansive collection requirements. The Final Rule has a compliance date of January 2028, and the revisions will result in a reduction in both the number of institutions subject to its requirements and the number of data points, and detail, required to be collected. In addition, the Final Rule removes references in the Prior Rule to presumptive indicia that an institution may have discouraged applicants from providing requested data. Below, we set out key areas where the Final Rule revised prior requirements.

Farm Credit Administration’s 2026 Priorities Reflect Some Alignment with Federal Banking Regulators, With Continued Focus on Risk Management and System‑Specific Nuances

Kathryn G. Wellman, John A. Stoker — Tue, 05 May 2026 09:00:04 -0400

Early 2026 developments from the Farm Credit Administration (FCA) show the regulator is identifying opportunities to reduce regulatory complexity while reinforcing risk management expectations across Farm Credit System (FCS or System) institutions.

As with the federal banking agencies, the FCA opened the year with a proposed capital reform measure. But FCA Board Chairman and CEO Jeffrey Hall indicated that the agency does not anticipate broader structural changes to capital requirements. The FCA also issued new guidance clarifying expectations for policies, procedures ...

OCC Responds to the District Court’s Decision in Illinois Bankers Association v. Raoul by Issuing Interim Final Actions Addressing State Interchange Fee Laws and Federal Preemption

Neil T. Bloomfield, John A. Stoker, John A. Lightbourne — Fri, 01 May 2026 09:00:05 -0400

On April 24, 2026, the Office of the Comptroller of the Currency (OCC) issued two coordinated interim final actions:

an Interim Final Rule amending 12 CFR § 7.4002 governing national bank non‑interest charges and fees (the “Interim Final Rule”)[1], and
an Interim Final Order preempting Illinois’s Interchange Fee Prohibition Act (IFPA) under the National Bank Act (NBA) and Home Owners’ Loan Act (HOLA) (the “Interim Final Order”).

Together, these actions are intended to reaffirm the authority of national banks under federal law to earn and receive interchange fees and to prevent the imminent application of Illinois’s first‑of‑its‑kind state interchange fee restrictions to OCC‑regulated institutions. Both actions are effective June 30, 2026, and both are subject to a post‑issuance comment period.

Capital Recalibration: Overview of the 2026 Basel III, Revised Standardized Approach, and GSIB Surcharge Proposals

Wed, 29 Apr 2026 09:00:06 -0400

In March 2026, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (the “Federal Reserve”), and the Federal Deposit Insurance Corporation (FDIC, and together with the OCC and Federal Reserve, the “Agencies”) released a set of proposals that would significantly recalibrate U.S. bank capital requirements across banking organizations of all sizes, including:

Law360 Expert Analysis: Recent Bank Resolution Filings Stress Readiness Over Docs

Kathryn G. Wellman, John A. Stoker, Neil T. Bloomfield — Thu, 09 Apr 2026 09:00:07 -0400

Moore & Van Allen attorneys Kate Wellman, John Stoker, and Neil Bloomfield have published a new Law360 Expert Analysis, “Recent Bank Resolution Filings Stress Readiness Over Docs,” examining what recent bank resolution plan filings reveal about how institutions and regulators are approaching preparedness.

Tanisha Palvia and Tiffany Payne Co‑Author Dow Jones Risk Journal Article on State False Claims Laws

Tanisha Palvia, Tiffany E. Payne — Wed, 01 Apr 2026 09:00:08 -0400

Tanisha Palvia and Tiffany Payne explore this topic in a recently published article in Dow Jones Risk Journal: “State False Claims Laws: An Overview of the Evolving Landscape and Recent Enforcement Trends.”

Law360 Analysis: Ambiguity Remains Around Anti‑DEI Grant Conditions

Valecia M. McDowell, Tanisha Palvia — Sun, 01 Feb 2026 09:00:09 -0500

Moore & Van Allen Members Valecia McDowell and Tanisha Palvia have published expert analysis in Law360 examining recent federal court rulings that cast doubt on the enforceability of anti‑DEI grant conditions tied to federal public safety funding.

Four Themes Emerging from the 2026 ABA Banking Law Committee Meeting

Kathryn G. Wellman, Neil T. Bloomfield — Mon, 26 Jan 2026 09:00:10 -0500

The 2026 ABA Banking Law Committee Meeting held in Washington, DC from January 15-17 delivered significant content in just over two full days of sessions. Conversations with state and federal regulators, agency general counsels, and practitioners reveal a regulatory landscape in transition. Below we summarize the following four themes from the meeting shaping the future of bank supervision, enforcement, and policy:

The federal banking agencies are entering 2026 with a broad and active regulatory agenda, including continued focus on tailoring and capital and additional focus ...